This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2018”.

(a) Divisions.—This Act is organized into four divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.

In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

Funds are hereby authorized to be appropriated for fiscal year 2018 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

(a) Transfers.—

(1) IN GENERAL.—Chapter 153 of title 10, United States Code, is amended by inserting after section 2581 the following new section:

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2581 the following new item:

“2581a. Transfer of excess High Mobility Multipurpose Wheeled Vehicles (HMMWVs) to foreign countries.”.

(b) Effective date.—Section 2581a of title 10, United States Code, as added by subsection (a), shall apply with respect to transfers of High Mobility Multipurpose Wheeled Vehicles on and after the date of the enactment of this Act.

(a) Limitation.—No funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for other procurement, Army, and available for the Warfighter Information Network-Tactical (WIN-T), Increment 2 (Inc 2) program may be obligated or expended until the Secretary of the Army submits the report required under subsection (b).

(b) Report.—The Secretary of the Army shall submit to the congressional defense committees a report describing how the Army intends to implement the recommendations related to air-land ad-hoc, mobile tactical communications and data networks provided by the Director of Cost Assessment and Program Evaluation (CAPE) pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 781).

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 13 Virginia class submarines.

(b) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement associated with the Virginia Class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for equipment or subsystems associated with the Virginia Class submarine program, including procurement of—

(1) long lead time material; or

(2) material or equipment in economic order quantities when cost savings are achievable.

(c) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such fiscal year.

(d) Limitation on termination liability.—A contract for construction of Virginia Class submarines entered into in accordance with subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract.

(a) Authority for multiyear procurement.—

(1) IN GENERAL.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning not earlier than the fourth quarter of fiscal year 2018, for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.

(2) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under paragraph (1), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.

(3) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2018 is subject to the availability of appropriations or funds for that purpose for such fiscal year.

(b) Modification to procurement of additional arleigh burke class destroyer.—Section 125(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) is amended by striking “to be procured either” and inserting “to be procured using a fixed-price contract either”.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of Defense may enter into one or more multiyear contracts, beginning with the fiscal year 2018 program year, for the procurement of V–22 aircraft. Notwithstanding subsection (k) of such section 2306b, the Secretary of Defense may enter into a multiyear contract under this section for up to five years.

(b) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2018 is subject to the availability of appropriations for that purpose for such later fiscal year.

(a) In general.—The Secretary of the Navy may enter into a contract, beginning with the fiscal year 2018 program year, for the design and construction of the amphibious ship replacement designated LX(R) or the amphibious transport dock designated LPD–30 using amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy.

(b) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract.

(c) Condition for out-year contract payments.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2018 is subject to the availability of appropriations for that purpose for such fiscal year.

Section 122(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2105), as most recently amended by section 122 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 749), is further amended by striking paragraph (2) and inserting the following new paragraphs:

Section 124 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking “2017” and inserting “2017 or fiscal year 2018”.

(a) Inventory requirement.—Section 8062 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) Inventory requirement.— (1) Effective October 1, 2017, the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,970 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,145 fighter aircraft.

“(2) In this subsection:

“(A) The term ‘fighter aircraft’ means an aircraft that—

“(i) is designated by a mission design series prefix of F– or A–;

“(ii) is manned by one or two crewmembers; and

“(iii) executes single-role or multi-role missions, including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, close air support, strike control and reconnaissance, combat search and rescue support, or airborne forward air control.

“(B) The term ‘primary mission aircraft inventory’ means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.”.

(b) Limitation on retirement of Air Force fighter aircraft.—

(1) LIMITATION.—Except as provided under subsection (d), the Secretary of the Air Force may not proceed with a decision to retire fighter aircraft in any number that would reduce the total number of such aircraft in the Air Force total active inventory (TAI) below 1,970, and shall maintain a minimum of 1,145 fighter aircraft designated as primary mission aircraft inventory (PMAI).

(2) ADDITIONAL LIMITATIONS ON RETIREMENT OF FIGHTER AIRCRAFT.—Except as provided under subsection (d), the Secretary of the Air Force may not retire fighter aircraft from the total active inventory as of the date of the enactment of this Act until the later of the following:

(A) The date that is 30 days after the date on which the Secretary submits the report required under paragraph (3).

(B) The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—

(i) the retirement of such fighter aircraft will not increase the operational risk of meeting the National Defense Strategy; and

(ii) the retirement of such aircraft will not reduce the total fighter force structure below 1,970 fighter aircraft or the primary mission aircraft inventory below 1,145.

(3) REPORT ON RETIREMENT OF AIRCRAFT.—The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:

(A) The rationale for the retirement of existing fighter aircraft and an operational analysis of replacement fighter aircraft that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft.

(B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft.

(C) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate.

(c) Reports on fighter aircraft.—

(1) IN GENERAL.—Except as provided under subsection (d), at least 90 days before the date on which a fighter aircraft is retired, the Secretary of the Air Force, in consultation with (where applicable) the Director of the Air National Guard or Chief of the Air Force Reserve, shall submit to the congressional defense committees a report on the proposed force structure and basing of fighter aircraft.

(2) ELEMENTS.—Each report submitted under paragraph (1) shall include the following elements:

(A) A list of each fighter aircraft proposed for retirement, including for each such aircraft—

(i) the mission design series type;

(ii) the variant; and

(iii) the assigned unit and military installation where such aircraft is based.

(B) A list of each unit affected by a proposed retirement listed under subparagraph (A) and a description of how such unit is affected.

(C) For each military installation and unit listed under subparagraph (A)(iii), a description of changes, if any, to the designed operational capability (DOC) statement of the unit as a result of a proposed retirement.

(D) A description of any anticipated changes in manpower authorizations as a result of a proposed retirement listed under subparagraph (A).

(d) Exception for certain aircraft.—The requirements of subsections (b) and (c) do not apply to individual fighter aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be non-operational because of mishaps, other damage, or being uneconomical to repair.

(e) Fighter aircraft defined.—In this section, the term “fighter aircraft” has the meaning given the term in subsection (i)(2)(A) of section 8062 of title 10, United States Code, as added by subsection (a) of this section.

(a) Comptroller general review.—Not later than June 30, 2018, the Comptroller General of the United States shall review the Air Force fielding plan for the HH–60 replacement programs and submit to the congressional defense committees a report on the plan.

(b) Briefing.—Not later than March 1, 2018, the Comptroller General shall provide a briefing to the congressional defense committees on the plan.

(c) Elements.—The review received under subsection (a) shall include, with respect to the HH–60 replacement programs, the following elements:

(1) A description of the National Commission on the Structure of the Air Force’s recommendations regarding the use of concurrent and proportional fielding and how the Air Force applied these principles in the fielding plan for the HH–60G replacement programs.

(2) An evaluation of the Air Force’s fielding plan for the HH–60G replacement programs, including an assessment of the Air Force’s rationale for the plan, as well as the alternative fielding plans considered by the Air Force.

(3) An evaluation of the potential readiness impact of the Air Force’s fielding plan on active duty, National Guard, and Reserve units, including the ability to meet training, maintenance, and deployment requirements, as well as the implications for total force integration initiatives should the fielding not be proportional.

(d) HH–60G replacement programs defined.—In this section, the term “HH–60G replacement programs” means the HH–60G Ops Loss Replacement and HH-60W Combat Rescue Helicopter programs.

(a) In general.—The Secretary of Defense may enter into one or more contracts during fiscal year 2018 for the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for the F–35 aircraft for use in procurement contracts to be awarded during fiscal years 2019 and 2020. The total amount obligated under all contracts entered into under this section shall not exceed $661,000,000.

(b) Authority.—To the extent that funds are otherwise available for obligation, the Secretary may enter into economic order quantity contracts for purchases under this section whenever the Secretary finds each of the following:

(1) That the use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts.

(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.

(3) That there is a reasonable expectation that throughout the contemplated contract period the Secretary will request funding for the contract at the level required to avoid contract cancellation.

(4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.

(5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic.

(6) That the use of such a contract will promote the national security of the United States.

(c) Certification requirement.—A contract may not be entered into under this section unless the Secretary of Defense certifies in writing, not later than 30 days before entry into the contract, that each of the following conditions is satisfied:

(1) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (b) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

(2) Confirmation that the preliminary findings of the Secretary under paragraph (1) were made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334(e)(1) of title 10, United States Code, and that the analysis supports those preliminary findings.

(3) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.

(4) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.

(5) The contract is a fixed price type contract.

(6) The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

The Secretary of Defense may provide Explosive Ordnance Disposal (EOD) units with the authority to acquire new or emerging EOD technologies and capabilities that are not specifically listed on the Table of Allowance (TOA) or Table of Equipment (TOE).

Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in section 4201.

(a) Arrangements authorized.—

(1) IN GENERAL.—The Secretary of Defense may establish one or more multi-institution task order contracts, consortia, cooperative agreements, or other arrangements to facilitate expedited access to university technical expertise, including faculty, staff, and students, in support of Department of Defense missions in the areas specified in subsection (e).

(2) USE FOR TECHNICAL ANALYSES AND ENGINEERING SUPPORT.—The Secretary may use an arrangement under paragraph (1) to fund technical analyses and other engineering support as required to address acquisition and operational challenges, including support for classified programs and activities.

(3) PERFORMANCE BY DESIGNATED UNIVERSITY PERFORMER.—The Secretary shall ensure that work awarded through an arrangement under paragraph (1) is performed primarily by the designated university performer.

(b) Limitation.—An arrangement established under subsection (a)(1) may not be used to fund research programs that can be executed through other Department of Defense basic research activities.

(c) Consultation with other Department of Defense activities.—An arrangement established under subsection (a)(1) shall, to the degree practicable, be made in consultation with other Department of Defense activities, including federally funded research and development centers (FFRDCs), university affiliated research centers (UARCs), and Defense laboratories and test centers, for purposes of providing technical expertise and reducing costs and duplicative efforts.

(d) Policies and procedures.—If the Secretary establishes one or more arrangements under subsection (a)(1), the Secretary shall establish and implement policies and procedures to govern—

(1) selection of participants in the arrangement or arrangements;

(2) the awarding of task orders under the arrangement or arrangements;

(3) maximum award size for tasks under the arrangement or arrangements;

(4) the appropriate use of competitive awards and sole source awards under the arrangement or arrangements; and

(5) technical areas under the arrangement or arrangements.

(e) Mission areas.—The areas specified in this subsection are as follows:

(1) Cybersecurity.

(2) Air and ground vehicles.

(3) Shipbuilding.

(4) Explosives detection and defeat.

(5) Undersea warfare.

(6) Trusted electronics.

(7) Unmanned systems.

(8) Directed energy.

(9) Energy, power, and propulsion.

(10) Management science and operations research.

(11) Artificial intelligence.

(12) Data analytics.

(13) Business systems.

(14) Technology transfer and transition.

(15) Biological engineering and genetic enhancement.

(16) High performance computing.

(17) Materials science and engineering.

(18) Quantum information sciences.

(19) Special operations activities.

(20) Modeling and simulation.

(21) Autonomous systems.

(22) Model based engineering.

(23) Such other areas as the Secretary considers appropriate.

(f) Sunset.—The authorities under this section shall expire on September 30, 2020.

(g) Arrangements established under subsection (a)(1) defined.—In this section, the term “arrangement established under subsection (a)(1)” means a multi-institution task order contract, consortia, cooperative agreement, or other arrangement established under subsection (a)(1).

(a) In general.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2362 the following new section:

(b) Clerical amendment.—The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2362 the following new item:

“2363. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.”.

(c) Conforming amendments.— (1) Section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), is hereby repealed.

(2) Section 2805(d)(1)(B) of title 10, United States Code, is amended by striking “under section 219(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note)” and inserting “section 2363(a) of this title”.

(a) In general.—Section 211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking “; and” and inserting a semicolon;

(B) in subparagraph (B), by striking the semicolon and inserting “; and”; and

(C) by adding at the end the following new subparagraph:

“(C) new interpretations of existing statutes and regulations that would enhance the ability of a director of a science and technology reinvention laboratory to manage the facility and discharge the mission of the laboratory;”;

(2) in subsection (d), by adding at the end the following new paragraph:

“(3) (A) Each panel described in paragraph (1), (2), or (3) of subsection (b) shall submit to the panel described in paragraph (4) of such subsection (relating to governance and oversight processes) the following:

“(i) The findings of the panel with respect to the review conducted by the panel under subsection (a)(1)(C).

“(ii) The recommendations made by the panel under such subsection.

“(iii) Such comments, findings, and recommendations as the panel may have received by a science and technology reinvention laboratory with respect to—

“(I) the review conducted by the panel under such subsection; or

“(II) recommendations made by the panel under such subsection.

“(B) (i) The panel described in subsection (b)(4) shall review and refashion such recommendations as the panel may receive under subparagraph (A).

“(ii) In reviewing and refashioning recommendations under clause (i), the panel may, as the panel considers appropriate, consult with the science and technology executive of the affected service.

“(C) The panel described in subsection (b)(4) shall submit to the Under Secretary of Defense for Research and Engineering the recommendations made by the panel under subsection (a)(1)(C) and the recommendations refashioned by the panel under subparagraph (B) of this paragraph.”;

(3) by redesignating subsections (e) and (f) as subsection (f) and (g), respectively; and

(4) by inserting after subsection (d) the following new subsection (e):

“(e) Interpretation of provisions of law.— (1) The Under Secretary of Defense for Research and Engineering, acting under the guidance of the Secretary, shall issue regulations regarding the meaning, scope, implementation, and applicability of any provision of a statute relating to a science and technology reinvention laboratory.

“(2) In interpreting or defining under paragraph (1), the Under Secretary shall, to the degree practicable, emphasize providing the maximum operational flexibility to the directors of the science and technology reinvention laboratories to discharge the missions of their laboratories.

“(3) In interpreting or defining under paragraph (1), the Under Secretary shall seek recommendations from the panel described in subsection (b)(4).”.

(b) Technical corrections.— (1) Subsections (a), (c)(1)(C), and (d)(2) of such section are amended by striking “Assistant Secretary” each place it appears and inserting “Under Secretary”.

(2) Subparagraph (C) of section 342(b)(3) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337), as amended by section 211(f) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as redesignated by subsection (a)(3) of this section, is amended by striking “Assistant Secretary” and inserting “Under Secretary”.

Section 2374a of title 10, United States Code, is amended—

Section 2302(2)(B) of title 10, United States Code, is amended by striking “basic research” and inserting “research and development”.

Section 196 of title 10, United States Code, is amended—

(a) In general.—For the purposes of activities and programs carried out by the Department of Defense, research and development activities, including activities under the Small Business Innovation Research Program (SBIR) or the Small Business Technology Transfer Program (STTR), shall be considered as separate and distinct from contract service activities.

(b) Guidance.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue updated guidance to carry out this section.

(c) Definitions.—

(1) IN GENERAL.—In this section:

(A) The term “advisory and assistance service” has the meaning given such term in section 1105(g)(2) of title 31, United States Code.

(B) The term “research and development activities”—

(i) means—

(I) creative work undertaken on a systematic basis in order to increase the stock of knowledge, including the knowledge of man, culture, and society; and

(II) the use of the stock of knowledge described in subparagraph (A) to devise new applications; and

(ii) includes activities described in section 9 of the Small Business Act (15 U.S.C. 638).

(C) The term “contract service activities” has the meaning given the term “contract services” in section 2330(c) of title 10, United States Code.

(D) The terms “Small Business Innovation Research Program” and “Small Business Technology Transfer Program” have the meanings given such terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).

(2) DEFINITION OF SERVICES FOR PURPOSES OF REQUIREMENTS RELATING TO TRACKING OF PURCHASES OF SERVICES.—Section 2330a(h) of title 10, United States Code, is amended by inserting after paragraph (4) the following new paragraph:

“(5) SERVICES.—The term ‘services’ has the meaning given the term ‘contract services’ in section 2330(c) of this title.”.

Section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) is amended by adding at the end the following new paragraphs:

(a) Establishment.—The Secretary of Defense, acting through the Under Secretary, shall establish a program on the prototyping and demonstration of directed energy weapon systems to build and maintain the military superiority of the United States by—

(1) accelerating the fielding of directed energy weapon systems that would help counter technological advantages of potential adversaries of the United States; and

(2) supporting the military departments, the combatant commanders, the United States Special Operations Command, and the Missile Defense Agency in developing prototypes and demonstrating operational utility of high energy lasers and high powered microwave weapon systems.

(b) Guidelines.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall issue guidelines for the operation of the program established under subsection (a), including—

(A) criteria for an application for funding by a military department, defense agency, or a combatant command;

(B) the priorities, if any, to be provided to field directed energy weapon system technologies developed by research funding of the Department or industry; and

(C) criteria for evaluation of an application for funding or changes to policies or acquisition and business practices by such a department, agency, or command for purposes of improving the effectiveness and efficiency of the Program.

(2) LIMITATION.—Funding for a military department, defense agency, or combatant command under the program established under subsection (a) may only be available for advanced technology development, prototyping, and demonstrations in which the Department of Defense maintains management of the technical baseline and a primary emphasis on technology transition and evaluating military utility to enhance the likelihood that the particular directed energy weapon system will meet the Department end user’s need.

(c) Applications for funding.—

(1) IN GENERAL.—Not less frequently than once each year, the Under Secretary shall solicit from the heads of the military departments, the defense agencies, and the combatant commands applications for funding under the program established under subsection (a) to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 2371b of title 10, United States Code, with appropriate entities for the fielding or commercialization of technologies.

(2) TREATMENT PURSUANT TO CERTAIN CONGRESSIONAL RULES.—Nothing in this section shall be construed to require any official of the Department of Defense to provide funding under the program to any congressional earmark as defined pursuant to clause 9 of rule XXI of the Rules of the House of Representatives or any congressionally directed spending item as defined pursuant to paragraph 5 of rule XLIV of the Standing Rules of the Senate.

(d) Funding.—

(1) IN GENERAL.—Except as provided in paragraph (2) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for research, development, test, and evaluation, defense-wide, $200,000,000 shall be available to the Under Secretary to allocate to the military departments, the defense agencies, and the combatant commands to carry out the program established under subsection (a).

(2) LIMITATION.—Not more than half of the amounts made available under paragraph (1) may be allocated as described in such paragraph until the Under Secretary—

(A) develops the strategic plan required by section 219(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note); and

(B) submits such strategic plan to the congressional defense committees.

(e) Designation of Under Secretary of Defense for Research and Engineering as the official with principal responsibility for development and demonstration of directed energy weapons.—Section 219(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by striking “Not later” and all that follows through “of Defense” and inserting “The Under Secretary of Defense for Research and Engineering shall serve”.

(f) Under Secretary defined.—In this section, the term “Under Secretary” means the Under Secretary of Defense for Research and Engineering in the Under Secretary's capacity as the official with principal responsibility for the development and demonstration of directed energy weapons pursuant to section 219(a)(1) of such Act (Public Law 114–328; 10 U.S.C. 2431 note), as amended by subsection (e).

The Secretary of Defense shall establish procedures under which the Under Secretary of Defense for Research and Engineering may request a time-limited review and if necessary require coordination on and modification of proposed directives, rules, regulations, and other policies that in Under Secretary's view would adversely affect the ability of the innovation, research, and engineering enterprise of the Department of Defense to effectively and efficiently execute its missions, including policies and practices concerning the following:

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 or any other fiscal year for the Department of Defense may be obligated for F–35 Joint Strike Fighter Follow-On Modernization until the Secretary of Defense provides the final report required under section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

(a) Improvements to update process.—

(1) IN GENERAL.—The Secretary of Defense shall take such actions as may be necessary to improve the process used to update the mission data files used in advanced combat aircraft of the United States so that such updates can occur more quickly.

(2) REQUIREMENTS.—In improving the process under paragraph (1), the Secretary shall ensure the following:

(A) That under such process, updates to the mission data files are developed, operationally tested, and loaded onto systems of advanced combat aircraft while in theaters of operation in a time-sensitive manner to allow for the distinguishing of threats, including distinguishing friends from foes, loading and delivery of weapon suites, and coordination with allied and coalition armed forces.

(B) When updates are made to the mission data files, all areas of responsibility (AoRs) are included.

(C) The process includes best practices relating to such mission data files that have been identified by industry and allies of the United States.

(D) The process improves the exchange of information between weapons systems of the United States and weapon systems of allies and partners of the United States, with respect to such mission data files.

(b) Consultation and pilot programs.—In carrying out subsection (a), the Secretary shall consult the innovation organizations resident in the Department of Defense and may consider carrying out a pilot program under another provision of this Act.

(c) Report.—Not later than March 31, 2018, the Secretary shall submit to the congressional defense committees a report on the actions taken by the Secretary under subsection (a)(1) and how the process described in such subsection has been improved.

(a) Plan required.—The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff shall jointly, in consultation with the Secretary of the Navy and the Secretary of the Air Force, develop a plan to procure a secure, low probability of detection data link network capability with the ability to effectively operate in hostile jamming environments while preserving the low observable characteristics of the relevant platforms, between existing and planned—

(1) fifth-generation combat aircraft;

(2) fifth-generation and fourth-generation combat aircraft;

(3) fifth-generation and fourth-generation combat aircraft and appropriate support aircraft and other network nodes for command, control, communications, intelligence, surveillance, and reconnaissance purposes; and

(4) fifth-generation and fourth-generation combat aircraft and their associated network-enabled precision weapons.

(b) Additional plan requirements.—The plan required by subsection (a) shall include—

(1) nonproprietary and open systems approaches compatible with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force and the Future Airborne Capability Environment initiative of the Navy;

(2) a competitive acquisition process, to include comparative flight demonstrations in realistic airborne environments; and

(3) low risk and affordable solutions with minimal impact or changes to existing host platforms, and minimal overall integration costs.

(c) Briefing.—Not later than February 15, 2018, the Under Secretary and the Vice Chairman shall provide to the congressional defense committees written documentation and briefing on the plan developed under subsection (a).

(d) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for operations and maintenance for the Office of the Secretary of Defense and the Office of the Chairman of the Joint Chiefs of Staff, not more than 85 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Under Secretary and Vice Chairman submits to the congressional defense committees the plan required by subsection (a).

Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(a) 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 congressional defense committees a plan to build a prototype for a new ground combat vehicle for the Army.

(b) Contents.—The plan required by subsection (a) shall include the following:

(1) A description of how the Secretary intends to exploit the latest enabling component technologies that have the potential to dramatically change basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment, including an analysis of capabilities of the most advanced foreign ground combat vehicles and whether any have characteristics that should inform the development of the Army's prototype vehicle, including whether any United States allies or partners have advanced capabilities that could be directly incorporated in the prototype.

(2) The schedule, cost, key milestones, and leadership plan to rapidly design and build the prototype ground combat vehicle.

(a) Plan required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a plan to successfully field a suitable, survivable, and effective Integrated Air and Missile Defense Battle Command System program.

(b) Limitation.—None of the funds authorized to be appropriated by this Act for research, development, test, and evaluation may be obligated by the Secretary of the Army for the Army Integrated Air and Missile Defense and the Integrated Air and Missile Defense Battle Command System until the date on which the plan is submitted under subsection (a).

(a) Findings.—Congress makes the following findings:

(1) The United States has gained a thorough understanding of hypersonic technology over the course of seven decades of experimentation.

(2) The requirements for technological breakthroughs in hypersonics have largely been established, allowing pursuit of hypersonic glide weapons without a prohibitive budget effect.

(3) The Department of Defense has several hypersonic research and development efforts underway, including conventional prompt global strike (CPS) weapons system, the Hypersonic Air-Breathing Weapon Concept, and the Tactical Boost Glide program.

(4) In testimony before the Committee on Armed Services of the Senate on April 4, 2017, the Commander of United States Strategic Command, General John Hyten, identified the conventional prompt global strike weapons system as the “leading technology maturation effort in the realm of hypersonics” and stated that his command sees “an operational need for a CPS capabilities by the mid-2020s.”.

(5) Hypersonic weapons present a radical change in warfare, because they can circumvent many of the challenges associated with contested warfare and integrated air defenses.

(6) Hypersonic weapons may provide solutions to difficult problem sets, such as anti-access area denial schemes, deeply buried or hardened target sets, and mobile high value target sets.

(7) Other countries are aggressively pursuing hypersonic weapons at an alarming rate that threaten to outpace the United States if the United States does not more aggressively pursue development of hypersonic weapons.

(8) The Air Force has a $10,000,000 requirement on the Unfunded Priority List for hypersonic prototyping.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Department of Defense should expedite testing, evaluation, and acquisition of hypersonic weapon systems to meet the stated needs of the warfighter;

(2) testing of such weapon systems should include flight testing, ground based testing, and underwater launch testing;

(3) the Department of Defense should adhere to the requirement in section 1688 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) to proceed to a Milestone A decision on the conventional prompt global strike weapons system not later than September 30, 2020, or the date that is 240 days after the successful completion of intermediate range flight 2 of such system;

(4) the United States cannot afford to lose its advantage over foreign countries in developing hypersonic weapons; and

(5) the Department of Defense should focus on the next generation of weapon systems, including third offset technologies, such as hypersonics.

Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

(a) Establishment.—The Secretary of Defense, in coordination with the Secretary of Agriculture and the Secretary of the Interior, may establish and carry out a program to preserve sentinel landscapes. The program shall be known as the “Sentinel Landscapes Partnership”.

(b) Designation of sentinel landscapes.—The Secretary of Defense, in consultation with the Secretary of Agriculture and the Secretary of the Interior, may, as the Secretary determines appropriate, collectively designate one or more sentinel landscapes.

(c) Coordination of activities.—The Secretaries may coordinate actions between their departments and with other agencies and private organizations to more efficiently work together for the mutual benefit of conservation, working lands, and national defense, and to encourage private landowners to engage in voluntary land management and conservation activities that contribute to the sustainment of military installations, ranges, and airspace.

(d) Priority consideration.—The Secretary of Agriculture and the Secretary of the Interior may give to any eligible landowner or agricultural producer within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretary’s department. Participation in any such program pursuant to this section shall be voluntary.

(e) Definitions.—In this section:

(1) MILITARY INSTALLATION.—The term “military installation” has the same meaning as provided in section 670(1) of title 16, United States Code.

(2) STATE-OWNED NATIONAL GUARD INSTALLATION.—The term “State-owned National Guard installation” has the same meaning as provided in section 670(3) of title 16, United States Code.

(3) SENTINEL LANDSCAPE.—The term “sentinel landscape” means a landscape-scale area encompassing—

(A) one or more military installations or state-owned National Guard installations and associated airspace; and

(B) the working or natural lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense test and training missions of the military- or State-owned National Guard installation or installations.

(f) Conforming amendment.—Section 312(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 729; 10 U.S.C. 2684a note) is repealed.

(a) In general.—The Secretary of Defense may authorize an installation commander to realign up to 7.5 percent of an installation’s sustainment funds to restoration and modernization.

(b) Sunset.—The authority under subsection (a) shall expire at the close of September 30, 2022.

(c) Definitions.—The terms “sustainment”, “restoration”, and “modernization” have the meanings given the terms in the Department of Defense Financial Management Regulation.

(a) Plan required.—The Chief of Naval Operations and the Commandant of the Marine Corps shall develop a plan—

(1) to establish a modernized, dedicated adversary air training enterprise for the Department of the Navy in order to—

(A) maximize warfighting effectiveness and synergies of the current and planned fourth and fifth generation combat air forces through optimized training and readiness; and

(B) harness intelligence analysis, emerging live-virtual-constructive training technologies, range infrastructure improvements, and results of experimentation and prototyping efforts in operational concept development;

(2) to explore all available opportunities to challenge the combat air forces of the Department of the Navy with threat representative adversary-to-friendly aircraft ratios, known and emerging adversary tactics, and high-fidelity replication of threat airborne and ground capabilities; and

(3) to execute all means available to achieve training and readiness goals and objectives of the Navy and Marine Corps with demonstrated institutional commitment to the adversary air training enterprise through the application of Department of the Navy policy and resources, partnering with the other Armed Forces, allies, and friends, and employing the use of industry contracted services.

(b) Plan elements.—The plan required under subsection (a) shall include enterprise goals, objectives, concepts of operations, phased implementation timelines, analysis of expected readiness improvements, prioritized resource requirements, and such other matters as the Chief of Naval Operations and Commandant of the Marine Corps consider appropriate.

(c) Submittal of plan and briefing.—Not later than March 1, 2018, the Chief of Naval Operations and Commandant of the Marine Corps shall provide to the Committees on Armed Services of the Senate and the House of Representatives a written plan and briefing on the plan required under subsection (a).

(a) Codification.—Chapter 7 of title 10, United States Code, is amended by inserting after section 183 the following new section:

(b) Conforming and clerical amendments.—

(1) REPEAL OF EXISTING PROVISION.—Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 44718 note) is repealed.

(2) CROSS-REFERENCE IN TITLE 49, UNITED STATES CODE.—Section 44718(f) of title 49, United States Code, is amended by inserting “and in accordance with section 183a(e) of title 10” after “conducted under subsection (b)”.

(3) REFERENCE TO REGULATIONS.—Section 44718(g) of title 49, United States Code, is amended by striking “211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014” both places it appears and inserting “183a(i) of title 10”.

(4) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of chapter 7 of title 10 is amended by inserting after the item relating to section 183 the following new item:

“183a. Defense Siting Clearinghouse for review of mission obstructions.”.

(c) Applicability of existing rules and regulations.—Notwithstanding the amendments made by subsection (a), any rule or regulation promulgated to carry out section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 44718 note), that is in effect on the day before the date of the enactment of this Act shall continue in effect and apply to the extent such rule or regulation is consistent with the authority under section 183a of title 10, United States Code, as added by subsection (a), until such rule or regulation is otherwise amended or repealed.

(a) Modified authority.—In the case of a military manufacturing arsenal, depot, or plant, the Secretary of the Army may authorize leases and contracts under section 2667 of title 10, United States Code, for a term of up to 25 years, notwithstanding subsection (b)(1) of such section, if the Secretary determines that a lease or contract of that duration will promote the national defense for the purpose of—

(1) helping to maintain the viability of the military manufacturing arsenal, depot, or plant and any military installations on which it is located;

(2) eliminating, or at least reducing, the cost of Government ownership of the military manufacturing arsenal, depot, or plant, including the costs of operations and maintenance, the costs of environmental remediation, and other costs; and

(3) leveraging private investment at the military manufacturing arsenal, depot, or plant through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the preceding purposes.

(b) Delegation and review process.—

(1) IN GENERAL.—The Secretary of the Army may delegate the authority provided by this section to the commander of the major subordinate command of the Army that has responsibility for the military manufacturing arsenal, depot, or plant or, if part of a larger military installation, the installation as a whole. The commander may approve a lease or contract under such authority on a case-by-case basis or a class basis.

(2) NOTICE OF APPROVAL.—Upon any approval of a lease or contract by a commander pursuant to a delegation of authority under paragraph (1), the commander shall notify the Army real property manager and Congress of the approval.

(3) REVIEW PERIOD.—Any lease or contract that is approved utilizing the delegation authority under paragraph (1) is subject to a 90-day hold period so that the Army real property manager may review the lease or contract pursuant to paragraph (4).

(4) DISPOSITION OF REVIEW.—If the Army real property manager disapproves of a contract or lease submitted for review under paragraph (3), the agreement shall be null and void upon transmittal by the real property manager to the delegating authority of a written disapproval, including a justification for such disapproval, within the 90-day hold period. If no such disapproval is transmitted within the 90-day hold period, the agreement shall be deemed approved.

(5) APPROVAL OF REVISED AGREEMENT.—If, not later than 60 days after receiving a disapproval under paragraph (4), the delegating authority submits to the Army real property manager a new contract or lease that addresses the concerns of the Army real property manager outlined in such disapproval, the new contract or lease shall be deemed approved unless the Army real property manager transmits to the delegating authority a disapproval of the new contract or lease within 30 days of such submission.

(c) Military manufacturing arsenal, depot, or plant defined.—In this section, the term “military manufacturing arsenal, depot, or plant” means a Government-owned, Government-operated defense plant of the Army that manufactures weapons, weapon components, or both.

(d) Sunset.—The authority under this section shall terminate at the close of September 30, 2020. Any contracts entered into on or before such date shall continue in effect according to their terms.

(a) In general.—Along with the budget for fiscal years 2019, 2020, and 2021 submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annex for the following Operation and Maintenance sub-activity groups (SAG):

(1) For the Army:

(A) SAG 111 – Maneuver Units.

(B) SAG 123 – Land Forces Depot Maintenance.

(C) SAG 131 – Base Operations Support.

(D) SAG 322 – Flight Training.

(2) For the Navy:

(A) SAG 1A5A – Aircraft Depot Maintenance.

(B) SAG 1B1B – Mission and Other Ship Operations.

(C) SAG 1B4B – Ship Depot Maintenance.

(D) SAG BSS1 – Base Operating Support.

(3) For the Marine Corps:

(A) SAG 1A1A – Operational Forces.

(B) SAG 1A3A – Depot Maintenance.

(C) SAG 1B1B – Field Logistics.

(D) SAG BSS1 – Base Operating Support.

(4) For the Air Force:

(A) SAG 011A – Primary Combat Forces.

(B) SAG 011Y – Flying Hour Program.

(C) SAG 011Z – Base Support.

(D) SAG 021M – Depot Maintenance.

(b) Elements.—The annex required under subsection (a) shall include the following elements:

(1) A summary by appropriation account with subtotals for Department of Defense components.

(2) A summary of each appropriation account by budget activity, activity group, and sub-activity group with budget activity and activity group subtotals and an appropriation total.

(3) A detailed sub-activity group by program element and expense aggregate listing in budget activity and activity group sequence.

(4) A rollup document by sub-activity group with accompanying program element funding with the PB-61 program element tags included.

(5) A summary of each depot maintenance facility with information on workload, work force, sources of funding, and expenses similar to the exhibit on Mission Funded Naval Shipyards included with the 2012 Navy Budget Justification.

(6) A summary of contractor logistics support for each program element, including a measure of workload and unit cost.

(c) Formatting.—The annex required under subsection (a) shall be formatted in accordance with relevant Department of Defense financial management regulations that provide guidance for budget submissions to Congress.

(a) In general.—The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract, partnership, or grant with a non-profit organization for the purpose of performing such acquisition, installation, and maintenance.

(b) Purposes.—The contracts, partnerships, or grants shall be limited to serving the purposes of—

(1) preserving the history of the 3,000,000 women who have served in the United States Armed Forces;

(2) managing an archive of artifacts, historic memorabilia, and documents related to servicewomen;

(3) maintaining a women veterans’ oral history program; and

(4) conducting other educational programs related to women in service.

Section 2691 of title 10, United States Code, is amended by adding at the end the following new subsection:

(a) Required transfer.—Not later than 90 days after the date of the enactment of this Act, and subject to subsection (c), the Secretary of the Army shall transfer to Rock Island Arsenal all excess firearms, related spare parts and components, small arms ammunition, and ammunition components currently stored at Defense Distribution Depot, Anniston, Alabama, that are no longer actively issued for military service and that are otherwise prohibited from commercial sale, or distribution, under Federal law.

(b) Repurposing and reuse.—The items specified for transfer under subsection (a) shall be melted and repurposed for military use as determined by the Secretary of the Army, including—

(1) the reforging of new firearms or their components; and

(2) force protection barriers and security bollards.

(c) Items exempt from transfer.—M–1 Garand, caliber .45 M1911/M1911A1 pistols, and caliber .22 rimfire rifles are not subject to the transfer requirement under subsection (a).

Section 40728 of title 36, United States Code, is amended by adding at the end the following new subsection:

Section 2701(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

Section 2911(c) of title 10, United States Code, is amended—

(a) In general.—The Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry and in consultation with the Department of Defense, shall—

(1) commence a study on the human health implications of per- and polyfluoroalkyl substances (PFAS) contamination in drinking water, ground water, and any other sources of water and relevant exposure vectors, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels;

(2) not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)—

(A) complete such study and make any appropriate recommendations; and

(B) submit a report to the appropriate congressional committees on the results of such study; and

(3) not later than one year after the date of the enactment of this Act, and annually thereafter until submission of the report under paragraph (2)(B), submit to the appropriate congressional committees a report on the progress of the study.

(b) Authorization of appropriations.—

(1) AUTHORIZATION.—There is authorized to be appropriated $7,000,000 to carry out this section.

(2) OFFSET.—The amount authorized to be appropriated for fiscal year 2018 for the Department of Defense by section 301 for operation and maintenance is hereby reduced by $7,000,000, with the amount of such decrease to be allocated to operation and maintenance, Navy, SAG BSIT, as specified in the funding tables in section 4301.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Heath, Education, Labor, and Pensions and the Committee on Veterans' Affairs of the Senate; and

(3) the Committee on Energy and Commerce and the Committee on Veterans' Affairs of the House of Representatives.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Red Hill Bulk Fuel Storage Facility located on Oahu, Hawaii is a national strategic asset that—

(A) supports combatant commander theater security requirements;

(B) supports contingency operations;

(C) provides essential and timely support to the United States and allies’ military mobilizations and disaster response efforts in the Indo-Asia-Pacific and around the world; and

(D) is routinely used to support normal transit of Navy and Air Force movements in the region;

(2) the facility in its current form cannot be replicated anywhere else in the world;

(3) moving the fuel to another storage facility in the Indo-Asia-Pacific would have implications for the United States military force structure in the State of Hawaii and put at risk billions of dollars in annual economic activity that the Armed Forces bring to the State of Hawaii;

(4) if the facility were closed, the United States Armed Forces would be unable to support the National Military Strategy, including the goals of the United States Pacific Commander, and national security interests would be significantly undermined;

(5) constant vigilance is required to ensure that facility degradation and fuel leaks do not pose a threat to the people of Hawaii, especially the drinking water on Oahu; and

(6) despite its importance, the facility continues to face long-term challenges without robust and consistent funding that provides the Navy and the Defense Logistics Agency with the resources needed to improve the tanks and associated infrastructure.

(b) Budget submissions.—

(1) ANNUAL BUDGET JUSTIFICATION.—The Secretary of Defense, in consultation with the Secretary of the Navy, shall ensure that the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) includes a description of how the Department will use funds to support any deliverables that the parties of the Administrative Order on Consent/Statement of Work have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii.

(2) FUTURE YEARS DEFENSE BUDGET.—The Secretary of Defense, in consultation with the Secretary of the Navy, shall ensure that each future-years defense program submitted to Congress under section 221 of title 10, United States Code, describes how the Department will use funds to support any deliverables that the parties of the Administrative Order on Consent/Statement of Work have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii, in the period covered by the future-years defense program.

(c) Administrative Order on Consent/Statement of Work defined.—In this section, the term “Administrative Order on Consent/Statement of Work” means a legally enforceable agreement between the United States Department of the Navy (Navy), the Defense Logistics Agency (DLA), the United States Environmental Protection Agency (EPA), Region 9, and the State of Hawaii Department of Health (DOH) that the parties voluntarily entered into on September 28, 2015 [EPA DKT NO. RCRA 7003–R9–2015–01/DOH DKT NO. 15–UST–EA–01].

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2018, as follows:

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2018, as follows:

(1) The Army National Guard of the United States, 343,500.

(2) The Army Reserve, 199,500.

(3) The Navy Reserve, 59,000.

(4) The Marine Corps Reserve, 38,500.

(5) The Air National Guard of the United States, 106,600.

(6) The Air Force Reserve, 69,800.

(7) The Coast Guard Reserve, 7,000.

(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2018, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

The minimum number of military technicians (dual status) as of the last day of fiscal year 2018 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(a) Limitations.—

(1) NATIONAL GUARD.—The number of non-dual status technicians employed by the National Guard as of September 30, 2018, may not exceed the following:

(A) For the Army National Guard of the United States, 0.

(B) For the Air National Guard of the United States, 0.

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2018, may not exceed 0.

(3) AIR FORCE RESERVE.—The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2018, may not exceed 0.

(b) Non-dual status technicians defined.—In this section, the term “non-dual status technician” has the meaning given that term in section 10217(a) of title 10, United States Code.

During fiscal year 2018, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

Within the personnel authorized by paragraphs (1) and (5) of section 412, the number of personnel under each such paragraph who may serve with the National Guard Bureau may not exceed the number equal to six percent of the number authorized by such paragraph.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2018.

(a) Active-duty baseline.—Subsection (h)(2) of section 526 of title 10, United States Code, is amended by striking “the lower of” and all that follows and inserting “the statutory limit of general officers or flag officers of that armed force under subsection (a).”.

(b) Joint duty assignment baseline.—Subsection (i)(2) of such section is amended by striking “the lower of” and all that follows and inserting “the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1).”.

(a) Authority of promotion boards To recommend officers of particular merit Be placed at top of promotion list.—Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(g) (1) In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed at the top of the promotion list promulgated by the Secretary under section 624(a)(1) of this title.

“(2) The number of such officers placed at the top of the promotion list may not exceed the number equal to 20 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category. If the number determined under this subsection is less than one, the board may recommend one such officer.

“(3) No officer may be recommended to be placed at the top of the promotion list unless the officer receives the recommendation of at least a majority of the members of a board for such placement.

“(4) For the officers recommended to be placed at the top of the promotion list, the board shall recommend the order in which these officers should be promoted.”.

(b) Officers of particular merit appearing at top of promotion list.—Section 624(a)(1) of such title is amended by inserting “, except such officers of particular merit who were approved by the President and recommended by the board to be placed at the top of the promotion list under section 616(g) of this title as these officers shall be placed at the top of the promotion list in the order recommended by the board” after “officers on the active-duty list”.

Section 629(c)(3) of title 10, United States Code, is amended by striking “the Senate is not able to obtain the information necessary” and inserting “the military department concerned is not able to obtain and provide to the Senate the information the Senate requires”.

(a) Staff Judge Advocate to Commandant of the Marine Corps.—Section 5046(b) of title 10, United States Code, is amended—

(1) by inserting “(1)” after “(b)”; and

(2) by adding at the end the following new paragraph:

“(2) If the Secretary of the Navy elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Staff Judge Advocate, the Secretary may, in connection with such consideration for selection—

“(A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

“(B) waive section 619(a)(2) of this title if the Secretary determines that the needs of the Marine Corps require the waiver.”.

(b) Deputy Judge Advocate General of the Navy.—Section 5149(a) of such title is amended by adding at the end the following new paragraph:

“(3) If the Secretary of the Navy elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

“(A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

“(B) waive section 619(a)(2) of this title if the Secretary determines that the needs of the Navy require the waiver.”.

Section 638a of title 10, United States Code, is amended—

Section 1370(a)(2)(G) of title 10, United States Code, is amended by striking “2017” and inserting “2025”.

Section 3016(b)(5)(B) of title 10, United States Code, is amended by striking “a lieutenant general” and inserting “an officer”.

(a) Retention of grade of incumbents in positions on effective date.—Effective as of December 23, 2016, and as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) to which it relates, section 502 of that Act (130 Stat. 2102) is amended by adding at the end the following new subsection:

“(tt) Retention of grade of incumbents in positions on effective date.—The grade of service of an officer serving as of the date of the enactment of this Act in a position whose statutory grade is affected by an amendment made by this section may not be reduced after that date by reason of such amendment as long as the officer remains in continuous service in such position after that date.”.

(b) Clarifying amendment to Chief of Veterinary Corps of the Army repeal.—Section 3084 of title 10, United States Code, is amended by striking the last sentence.

(a) In general.—Notwithstanding the amendments made by section 502(gg)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the officer holding a position specified in subsection (b) as of December 23, 2016, in the grade of rear admiral (lower half) or brigadier general, as applicable, may be retired after that date in such grade with the retired pay of such grade (unless entitled to higher pay under another provision of law).

(b) Specified positions.—The positions specified in this subsection are the following:

(1) The Assistant Judge Advocate General of the Navy provided for by section 5149(b) of title 10, United States Code.

(2) The Assistant Judge Advocate General of the Navy provided for by section 5149(c) of title 10, United States Code.

(a) Original appointment as a reserve officer.—Section 12207 of title 10, United States Code, is amended—

(1) in subsection (a)(2), by inserting “or (e)” after “subsection (b)”;

(2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;

(3) by inserting after subsection (d) the following new subsection (e):

“(e) (1) Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers with cyberspace-related experience or advanced education in reserve active-status in an armed force under the jurisdiction of such Secretary is critically below the number needed, such Secretary may credit any person receiving an original appointment as a reserve commissioned officer with a period of constructive service for the following:

“(A) Special experience or training in a particular cyberspace-related field if such experience or training is directly related to the operational needs of the armed force concerned.

“(B) Any period of advanced education in a cyberspace-related field beyond the baccalaureate degree level if such advanced education is directly related to the operational needs of the armed force concerned.

“(2) Constructive service credited an officer under this subsection shall not exceed one year for each year of special experience, training, or advanced education, and not more than three years total constructive service may be credited.

“(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

“(4) The authority to award constructive service credit under this subsection expires on December 31, 2023.”; and

(4) in subsection (f), as redesignated by paragraph (2), by striking “or (d)” and inserting “, (d), or (e)”.

(b) Extension of authority in connection with original appointment of regular officers.—Section 533(g)(4) of such title is amended by striking “December 31, 2018” and inserting “December 31, 2023”.

(a) Active-duty list officers.—Section 619 of title 10, United States Code, is amended—

(1) in subsection (d), by adding at the end the following new paragraph:

“(6) An officer excluded under subsection (e).”; and

(2) by adding at the end the following new subsection:

“(e) Authority to permit officers to opt out of selection board consideration.—The Secretary of Defense may authorize the Secretary of a military department to provide that an officer under the jurisdiction of that Secretary may, upon the officer's request and with the approval of the Secretary concerned, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade. The Secretary concerned may only approve such a request if—

“(1) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department of Defense, or a career progression requirement delayed by the assignment of education;

“(2) the Secretary concerned determines the exclusion from consideration is in the best interest of the military department concerned; and

“(3) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”.

(b) Reserve active-status list officers.—Section 14301 of such title is amended—

(1) in subsection (c)—

(A) in the subsection heading, by striking “previously selected officers not eligible” and inserting “certain officers not”; and

(B) by adding at the end the following new paragraph:

“(6) An officer excluded under subsection (j).”; and

(2) by adding at the end the following new subsection:

“(j) Authority to permit officers to opt out of selection board consideration.—The Secretary of Defense may authorize the Secretary of a military department to provide that an officer under the jurisdiction of that Secretary may, upon the officer's request and with the approval of the Secretary concerned, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade. The Secretary concerned may only approve such a request if—

“(1) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department of Defense, or a career progression requirement delayed by the assignment or education;

“(2) the Secretary concerned determines the exclusion from consideration is in the best interest of the military department concerned; and

“(3) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”.

Section 688a(f) of title 10, United States Code, is amended by striking “after December 21, 2011.” and inserting “outside a period as follows:

Section 515 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended—

(a) Establishment.—Chapter 1101 of title 10, United States Code, is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of sections at the beginning of chapter 1101 of such title is amended by adding at the end the following new item:

“10509. Office of Complex Investigations.”.

(a) Report required.—Not later than March 1, 2018, 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 results of a review, undertaken by the Secretary for purposes of the report, of the policies of the Department of Defense for the career management of regular and reserve officers of the Armed Forces pursuant to the Defense Officer Personnel Management Act (commonly referred to as “DOPMA”) and the Reserve Officer Personnel Management Act (commonly referred to as “ROPMA”).

(b) Elements.—The report required by subsection (a) shall include recommendations for the following:

(1) Mechanisms to increase the ability of officers to repeatedly transition between active duty and reserve active-status throughout the course of their military careers.

(2) Mechanisms to provide the Armed Forces additional flexibility in managing the populations of officers in the grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.

(3) Mechanisms to use the modernized retirement system provided by part I of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) to encourage officers to pursue careers of lengths that vary from the traditional 20-year military career.

(4) Mechanisms to provide for alternative career tracks for officers that encourage and facilitate the recruitment and retention of officers with technical expertise.

(5) Mechanisms for a career and promotion path for officers in cyber-related specialties.

(6) Mechanism to ensure the officer corps does not become disproportionately weighted toward officers serving in the grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain.

(7) Any other mechanisms or matters the Secretary considers appropriate to improve the effective recruitment, management, and retention of regular and reserve officers of the Armed Forces.

(c) Scope of report.—If any recommendation of the Secretary in the report required by subsection (a) requires legislative or administrative action for implementation, the report shall include a proposal for legislative action, or a description of administrative action, as applicable, to implement such recommendation.

(a) In general.—Except as provided in subsection (d), responsibility within an Armed Force for establishing, approving, and modifying the criteria, standards, and qualifications for military speciality codes within that Armed Force shall be vested solely in the Chief of Staff of that Armed Force.

(b) Military specialty codes.—For purposes of this section, a military specialty code is as follows:

(1) A Military Occupational Speciality Code (MOS) and any other military specialty or military occupational specialty of the Army, in the case of the Army.

(2) A Naval Enlisted Code (NEC), Unrestricted Duty code, Restricted Duty code, Restricted Line duty code, Staff Corps code, Limited Duty code, Warrant Officer code, and any other military specialty or military occupational specialty of the Navy, in the case of the Navy.

(3) An Air Force Specialty Code (AFSC) and any other military specialty or military occupational specialty of the Air Force, in the case of the Air Force.

(4) A Military Occupational Speciality Code (MOS) and any other military specialty or military occupational specialty of the Marine Corps, in the case of the Marine Corps.

(c) Chief of Staff for Marine Corps.—For purposes of this section, the Commandant of the Marine Corps shall be deemed to be the Chief of Staff of the Marine Corps.

(d) Gender integration.—Nothing in this section shall be construed to terminate, alter, or revise the authority of the Secretary of Defense to establish, approve, modify, or otherwise regulate gender-based criteria, standards, and qualifications for military specialties within the Armed Forces.

(a) Codification of current confidential process.—

(1) CODIFICATION.—Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a a new section 1554b consisting of—

(A) a heading as follows:

(B) a text consisting of the text of section 547 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3375; 10 U.S.C. 1553 note).

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 79 of such title is amended by inserting after the item relating to section 1554a the following new item:

“1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are survivors of sex-related offenses.”.

(3) CONFORMING REPEAL.—Section 547 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 is repealed.

(b) Terminology.—Subsection (a) of section 1554b of title 10, United States Code, as added by subsection (a) of this section, is amended by striking “victim” each place it appears and inserting “survivor”.

(c) Clarification of applicability to individuals who allege they were a survivor of a sex-related offense during military service.—Subsection (a) of such section 1554b, as so added, is further amended by inserting after “sex-related offense” the following: “, or alleges that the individual was the survivor of a sex-related offense,”.

(d) Conforming amendments.—Such section 1554b, as so added, is further amended—

(1) by striking “Armed Forces” each place it appears in subsections (a) and (b) and inserting “armed forces”;

(2) in subsection (a)—

(A) by striking “boards for the correction of military records of the military department concerned” and inserting “boards of the military department concerned established in accordance with this chapter”; and

(B) by striking “such an offense” and inserting “a sex-related offense”;

(3) in subsection (b), by striking “boards for the correction of military records” and inserting “boards of the military department concerned established in accordance with this chapter”; and

(4) in subsection (d)—

(A) in paragraph (1), by striking “title 10, United States Code” and inserting “this title”; and

(B) in paragraphs (2) and (3), by striking “such title” and inserting “this title”.

(a) Repeal of 15-year statute of limitations on motions or requests for review.—Subsection (a) of section 1553 of title 10, United States Code, is amended by striking the second sentence.

(b) Telephonic presentation of evidence.—Subsection (c) of such section is amended in the second sentence by striking “or by affidavit” and inserting “, by affidavit, or by telephone or video conference (to the extent reasonable and technically feasible)”.

(c) Effective date.—The amendments made by this section shall take effect on October 1, 2018.

(a) Boards for the correction of military records.—Section 1552(h) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the claimant.”.

(b) Discharge review boards.—Section 1553(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the former member.”.

(a) Requirement To enumerate offense for purposes of general punitive article.—Not later than 180 days after the date of the enactment of this Act, part IV of the Manual for Courts-Martial shall be amended to include as an enumerated offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), the distribution of a visual depiction of the private area of a person or of sexually explicit conduct involving a person that was—

(1) photographed, videotaped, filmed, or recorded by any means with the consent of such person; and

(2) distributed by another person who knew or should have known that the depicted person did not consent to such distribution.

(b) Private area defined.—In this section, the term “private area” has the meaning given the term in section 920c(d) of title 10, United States Code (article 120c(d) of the Uniform Code of Military Justice).

(a) Articles 1, 6b, and 137.—

(1) Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended in the matter preceding paragraph (1) by striking “chapter:” and inserting “chapter (the Uniform Code of Military Justice):”.

(2) Section 806b(b) of title 10, United States Code (article 6b(b) of the Uniform Code of Military Justice), is amended by striking “(the Uniform Code of Military Justice)”.

(3) Section 937 of title 10, United States Code (article 137 of the Uniform Code of Military Justice), as amended by section 5503 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is further amended by striking “(the Uniform Code of Military Justice)” each place it appears as follows:

(A) In subsection (a)(1), in the matter preceding subparagraph (A).

(B) In subsection (b), in the matter preceding subparagraph (A).

(C) In subsection (d), in the matter preceding paragraph (1).

(b) Article 6b.—Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended—

(1) by inserting after “President,” the following: “subject to section 830a of this title (article 30a).”;

(2) by striking “and, to the extent practicable,” and inserting “To the extent practicable, such a petition”; and

(3) by striking “before the court.” and inserting “before the Court of Criminal Appeals.”.

(c) Article 30a.—Subsection (a)(1) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), as added by section 5202 of the National Defense Authorization Act for Fiscal Year 2017, is amended—

(1) in the matter preceding subparagraph (A), by inserting “, or otherwise act on,” after “to review”; and

(2) by adding at the end the following new subparagraph:

“(D) Pre-referral matters under subsections (c) and (e) of section 806b of this title (article 6b).”.

(d) Article 39.—Subsection (a)(4) of section 839 of title 10, United States Code (article 39 of the Uniform Code of Military Justice), as amended by section 5222(1) of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking “in non-capital cases unless the accused requests sentencing by members under section 825 of this title (article 25)” and inserting “under section 853(b)(1) of this title (article 53(b)(1))”.

(e) Article 43.—Subsection (i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(c) of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking “Dna Evidence.—” and inserting “DNA Evidence.—”.

(f) Article 48.—Subsection (c)(1) of section 848 of title 10, United States Code (article 48 of the Uniform Code of Military Justice), as amended by section 5230 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking “section 866(g) of this title (article 66(g))” and inserting “section 866(h) of this title (article 66(h))”.

(g) Article 53.—Subsection (b)(1)(B) of section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), as amended by section 5236 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking “in a trial”.

(h) Article 53a.—Subsection (d) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as added by section 5237 of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking “military judge” the second place it appears and inserting “court-martial”.

(i) Article 56.—Subsection (d)(1) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as amended by section 5301 of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

(1) in the matter preceding subparagraph (A), by inserting after “concerned,” the following: “under standards and procedures set forth in regulations prescribed by the President,”; and

(2) in subparagraph (B), by inserting after “(B)” the following: “as determined in accordance with standards and procedures prescribed by the President,”.

(j) Article 58a.—

(1) Subsection (a) of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), as amended by section 5303(1) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the matter after paragraph (3) by inserting after “reduces” the following: “, if such a reduction is authorized by regulation prescribed by the President,”.

(2) The heading of such section (article) is amended to read as follows:

(k) Article 58b.—Subsection (b) of section 858b of title 10, United States Code (article 58b of the Uniform Code of Military Justice), is amended in the first sentence by striking “section 860 of this title (article 60)” and inserting “section 860a or 860b of this title (article 60a or 60b)”.

(l) Article 62.—Subsection (b) of section 862 of title 10, United States Code (article 62 of the Uniform Code of Military Justice), is amended by striking “, notwithstanding section 866(c) of this title (article 66(c))”.

(m) Article 63.—Subsection (b) of section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), as added by section 5327 of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking the period at the end and inserting “, subject to such limitations as the President may prescribe by regulation.”.

(n) Article 64.—Subsection (a) of section 864 of title 10, United States Code (article 64 of the Uniform Code of Military Justice), as amended by section 5328(a) of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking “(a) (a) In general.—” and inserting “(a) In general.—”.

(o) Article 65.—Subsection (b)(1) of section 865 of title 10, United States Code (article 65 of the Uniform Code of Military Justice), as amended by section 5329 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking “section 866(b)(2) of this title (article 66(b)(2))” and inserting “section 866(b)(3) of this title (article 66(b)(3))”.

(p) Article 66.—Subsection (e)(2)(C) of section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 5330 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by inserting after “required” the following: “by regulation prescribed by the President or”.

(q) Article 69.—Subsection (c)(1)(A) of section 869 of title 10, United States Code (article 69 of the Uniform Code of Military Justice), as amended by section 5233 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by inserting a comma after “in part”.

(r) Article 82.—Subsection (b) of section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice), as amended by section 5403 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking “section 99” and inserting “section 899”.

(s) Article 103a.—Section 8312(b)(2)(A) of title 5, United States Code, is amended by striking “article 106a” and inserting “article 103a”.

(t) Article 119a.—Subsection (b) of section 919a of title 10, United States Code (article 119a of the Uniform Code of Military Justice), as amended by section 5401(13)(B) of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

(1) by striking “928a, 926, and 928” and inserting “926, 928, and 928a”; and

(2) by striking “128a 126, and 128” and inserting “126, 128, and 128a”.

(u) Article 120.—Subsection (g)(2) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by section 5430(b) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the first sentence by striking “brest” and inserting “breast”.

(v) Article 128.—Subsection (b)(2) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), as amended by section 5441 of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking the comma after “substantial bodily harm”.

(w) Article 132.—Subsection (b)(2) of section 932 of title 10, United States Code (article 132 of the Uniform Code of Military Justice), as added by section 5450 of the National Defense Authorization Act for Fiscal Year 2017, is amended by striking “section 1034(h)” and inserting “section 1034(j)”.

(x) Article 146.—Subsection (f) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), as amended by section 5521 of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

(1) in paragraph (2), by striking the sentence beginning “Not later than” and inserting the following new sentence: “The analysis under this paragraph shall be included in the assessment required by paragraph (1).”; and

(2) by striking paragraph (5) and inserting the following new paragraph (5):

“(5) REPORTS.—With respect to each review and assessment under this subsection, the Panel shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives. Each report—

“(A) shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and

“(B) shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded.”.

(y) Tables of sections.—

(1) The table of sections at the beginning of subchapter II of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(1) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 810 and 812 (articles 10 and 12) by striking “Art.”.

(2) The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(2) of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

(A) by striking “825.” the second place it appears and inserting “825a.”; and

(B) in the items relating to sections 825a, 826a, and 829 (articles 25a, 26a, and 29), by striking “Art.”.

(3) The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(3) of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

(A) by striking “830.” the second place it appears and inserting “830a.”; and

(B) in the items relating to sections 830a and 832 through 835 (articles 30a and 32 through 35), by striking “Art.”.

(4) The table of sections at the beginning of subchapter VII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(4) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 846 through 848, 850, 852, 853, and 853a (articles 46 through 48, 50, 52, 53, and 53a) by striking “Art.”.

(5) The table of sections at the beginning of subchapter VIII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(5) of the National Defense Authorization Act for Fiscal Year 2017, is further amended by striking the item relating to section 858a (article 58a) and inserting the following new item:

“858a. 58a. Sentences: reduction in enlisted grade.”.

(6) The table of sections at the beginning of subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(6) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 860 through 861, 864 through 866, and 869 (articles 60 through 61, 64 through 66, and 69) by striking “Art.”.

(7) The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5452 of the National Defense Authorization Act for Fiscal Year 2017, is further amended—

(A) in the items relating to sections 877 through 934 (articles 77 through 134), by striking “Art.”;

(B) in the item relating to section 887a (article 87a), by striking “Resistence” and inserting “Resistance”;

(C) in the item relating to section 908 (article 108), by striking “of the United States–Loss” and inserting “of United States–Loss,”; and

(D) in the item relating to section 909 (article 109), by striking “of the” and inserting “of”.

(8) The table of sections at the beginning of subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(7) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 936 and 940a (articles 136 and 140a) by striking “Art.”.

(9) The table of sections at the beginning of subchapter XII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), as amended by section 5541(8) of the National Defense Authorization Act for Fiscal Year 2017, is further amended in the items relating to sections 946 and 946a (articles 146 and 146a) by striking “Art.”.

(z) Other provisions of title 10 in connection with UCMJ reform.—

(1) Section 673(a) of title 10, United States Code, is amended by striking “section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice)” and inserting “section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice)”.

(2) Section 674(a) of such title is amended by striking “section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice)” and inserting “section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice)”.

(3) Section 1034(c)(2)(A) of such title is amended by striking “sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice)” and inserting “section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice)”.

(4) Section 1044e(g)(1) of such title is amended by striking “section 920, 920a, 920b, 920c, or 925 of this title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice)” and inserting “section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice)”.

(5) Section 1059(e) of such title is amended—

(A) in paragraph (1)(A)(ii), by striking “the approval of” and all that follows through “as approved,” and inserting “entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence”; and

(B) in paragraph (3)(A), by striking “by a court-martial” the second place it appears and all that follows through “include any such punishment,” and inserting “for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article),”.

(6) Section 1408(h)(10)(A) of such title is amended by striking “the approval” and all that follows and inserting “entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice).”.

(aa) Effective date.—The amendments made by this section shall take effect immediately after the coming into effect of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017, as provided for in section 5542 of that Act.

(a) Priority.—Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), as amended by section 522(b) of this Act, is further amended by adding at the end the following new sentence: “Review of any decision on such a petition by the Court of Appeals for the Armed Forces shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect immediately after the coming into effect of the following (in the order specified):

(1) The amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as provided for in section 5542 of that Act.

(2) The amendments made by section 522(b) of this Act, as provided in section 522(aa) of this Act.

(a) Assistance.—Subsection (c)(2) of section 838 of title 10, United States Code (article 38 of the Uniform Code of Military Justice), is amended by striking “section 860 of this title (article 60)” and inserting “section 860, 860a, or 860b of this title (article 60, 60a, or 60b)”.

(b) Effective date.—The amendment made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as provided for in section 5542 of that Act.

(a) In general.—Subsection (b) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as added by section 5237 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is amended—

(1) in paragraph (2), by striking “or” after the semicolon;

(2) in paragraph (3), by striking the period and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

“(4) is prohibited by law; or

“(5) is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017, as provided for in section 5542 of that Act.

(a) In general.—Subsection (f)(3) of section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 5330 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is further amended—

(1) by inserting after “Court” the first place it appears the following: “of Criminal Appeals”; and

(2) by adding at the end the following new sentence: “If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017, as provided for in section 5542 of that Act.

(a) Applicability of certain amendments.—Effective as of December 23, 2016, and immediately after the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), to which such amendment relates, section 5225(f) of that Act is amended by striking “this subsection” and inserting “this section”.

(b) Child abuse offenses.—With respect to offenses committed before the date designated by the President under section 5542(a) of the National Defense Authorization Act for Fiscal Year 2017, subsection (b)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on December 22, 2016.

(c) Fraudulent enlistment or appointment offenses.—With respect to the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017 and ending on the day before the date designated by the President under section 5542(a) of that Act, in the application of subsection (h) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(b) of that Act, the reference in such subsection (h) to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice).

(a) In general.—Subsection (f)(1) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), as amended by section 5521 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is further amended by striking “fiscal year 2020” and inserting “fiscal year 2021”.

(b) Effective date.—The amendment made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by division E of the National Defense Authorization Act for Fiscal Year 2017, as provided for in section 5542 of that Act.

Section 950f(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(a) Additional element in program for effective prosecution and defense.—Subsection (a)(1) of section 542 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2126; 10 U.S.C. 827 note) is amended by inserting before the semicolon the following: “or there is adequate supervision and oversight of trial counsel and defense counsel so detailed to ensure effective prosecution and defense in the court-martial”.

(b) Assignment of civilian employees to supervise less experienced judge advocates in prosecution and defense.—Such section is further amended—

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Assignment of civilian employees to supervise less experienced judge advocates in prosecution and defense.—

“(1) ASSIGNMENT AUTHORIZED.—The Secretary concerned may assign the function of supervising and overseeing prosecution or defense in courts-martial by less experienced judge advocates to civilian employees of the military department concerned or the Department of Homeland Security, as applicable, who have extensive litigation expertise.

“(2) STATUS AS SUPERVISOR.—A civilian employee assigned to supervise and oversee the prosecution or defense in a court-martial pursuant to this subsection is not required to be detailed to the case, but must be reasonably available for consultation during court-martial proceedings.”.

(c) Pilot programs on professional developmental process for judge advocates.—Subsection (d) of such section, as redesignated by subsection (b)(1) of this section, is amended—

(1) in paragraph (1), striking “establishing” and all that follows and inserting “a military justice career track for judge advocates under the jurisdiction of the Secretary.”;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) ELEMENTS.—Each pilot program shall include the following:

“(A) A military justice career track for judge advocates that leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy.

“(B) The use of skill identifiers to identify judge advocates for participation in the pilot program from among judge advocates having appropriate skill and experience in military justice matters.

“(C) Guidance for promotion boards considering the selection for promotion of officers participating in the pilot program in order to ensure that judge advocates who are participating in the pilot program have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards.

“(D) Such other matters as the Secretary concerned considers appropriate.”.

Section 806b(e) of title 10, United States Code (article 6b(e) of the Uniform Code of Military Justice), is amended—

(a) Prohibition.—Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 917 (article 117 of the Uniform Code of Military Justice) the following new section (article):

(b) Clerical amendment.—The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 917 (article 117) the following new item:

“917a. 117a. Wrongful broadcast or distribution of intimate visual images.”.

(a) Certifications required.—Not later than October 1, 2017, and each year thereafter, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a certification on the status of implementation of the Ready, Relevant Learning initiative of the Navy for each applicable enlisted rating.

(b) Elements.—Each certification under subsection (a) shall include the following:

(1) A certification by the Commander of the United States Fleet Forces Command that the block learning and modernized delivery methods of the Ready, Relevant Learning initiative to be implemented during the fiscal year beginning in which such certification is submitted will meet or exceed the existing training delivery approach for all associated training requirements.

(2) A certification by the Secretary that the content re-engineering necessary to meet all training objectives and transition from the traditional training curriculum to the modernized delivery format to be implemented during such fiscal year will be complete prior to such transition, including full functionality of all required course software and hardware.

(3) A detailed cost estimate of transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year with funding listed by purpose, amount, appropriations account, budget program element or line item, and end strength adjustments.

(4) A detailed phasing plan associated with transitioning to the block learning and modernized delivery approaches to be implemented during such fiscal year, including the current status, timing, and identification of reductions in “A” school and “C” school courses, curricula, funding, and personnel.

(5) A certification by the Secretary that—

(A) the contracting strategy associated with transitioning to the modernized delivery approach to be implemented during such fiscal year has been completed; and

(B) contracting actions contain sufficient specification detail to enable a low risk approach to receiving the deliverable end item or items on-budget, on-schedule, and with satisfactory performance.

(a) In general.—Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(18) A description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program conducted by the Secretary of Veterans Affairs pursuant to section 1720G of title 38, including the veterans covered by the program, the caregivers eligible for assistance and support through the program, and the assistance and support available through the program.”.

(b) Participation of potential caregivers in appropriate preseparation counseling.—

(1) IN GENERAL.—In accordance with procedures established by the Secretary of Defense, each Secretary of a military department shall take appropriate actions to achieve the following:

(A) To determine whether each member of the Armed Forces under the jurisdiction of such Secretary who is undergoing preseparation counseling pursuant to section 1142 of title 10, United States Code (as amended by subsection (a)), and who may require caregiver services after separation from the Armed Forces has identified an individual to provide such services after the member's separation.

(B) In the case of a member described in subparagraph (A) who has identified an individual to provide caregiver services after the member's separation, at the election of the member, to permit such individual to participate in appropriate sessions of the member's preseparation counseling in order to inform such individual of—

(i) the assistance and support services available to caregivers of members after separation from the Armed Forces; and

(ii) the manner in which the member's transition to civilian life after separation may likely affect such individual as a caregiver.

(2) CAREGIVERS.—For purposes of this subsection, individuals who provide caregiver services refers to individuals (including a spouse, partner, parent, sibling, adult child, other relative, or friend) who provide physical or emotional assistance to former members of the Armed Forces during and after their transition from military life to civilian life following separation from the Armed Forces.

(3) DEADLINE FOR COMMENCEMENT.—Each Secretary of a miliary department shall commence the actions required pursuant to this subsection by not later than 180 days after the date of the enactment of this Act.

(a) United States Military Academy.—Section 4348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) That, if upon graduation the cadet obtains employment as a professional athlete in lieu of the acceptance of an appointment tendered under paragraph (2), the cadet—

“(A) will accept an appointment as a commissioned officer as a Reserve in the Army for service in the Army Reserve; and

“(B) will remain in that reserve component as a member of the Selected Reserve until completion of the commissioned service obligation of the cadet.”.

(b) United States Naval Academy.—Section 6959(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) That, if upon graduation the midshipman obtains employment as a professional athlete in lieu of the acceptance of an appointment tendered under paragraph (2), the midshipman—

“(A) will accept an appointment as a commissioned officer as a Reserve in the Navy for service in the Navy Reserve or the Marine Corps Reserve; and

“(B) will remain in that reserve component as a member of the Selected Reserve until completion of the commissioned service obligation of the midshipman.”.

(c) United States Air Force Academy.—Section 9348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) That, if upon graduation the cadet obtains employment as a professional athlete in lieu of the acceptance of an appointment tendered under paragraph (2), the cadet—

“(A) will accept an appointment as a commissioned officer as a Reserve in the Air Force for service in the Air Force Reserve; and

“(B) will remain in that reserve component as a member of the Selected Reserve until completion of the commissioned service obligation of the cadet.”.

(d) Application of amendments.—The Secretaries of the military departments shall promptly revise the cadet and midshipman service agreements under sections 4348, 6959, and 9348 of title 10, United States Code, to reflect the amendments made by this section. The revised agreement shall apply to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on the date of the enactment of this Act and to persons who begin attendance at such military service academies on or after that date.

(a) Pilot programs authorized.—

(1) IN GENERAL.—Each Secretary of a military department may carry out a pilot program under which former cadets or midshipmen described in paragraph (2) (in this section referred to as “eligible individuals”) under the jurisdiction of such Secretary may be appointed by the Secretary of Defense in the excepted service under section 3320 of title 5, United States Code, in the Department of Defense.

(2) CADETS AND MIDSHIPMEN.—Except as provided in paragraph (3), a former cadet or midshipman described in this paragraph is any former cadet at the United States Military Academy or the United States Air Force Academy, and any former midshipman at the United States Naval Academy, who—

(A) completed the prescribed course of instruction and graduated from the applicable service academy; and

(B) is determined to be medically disqualified to complete a period of active duty in the Armed Forces prescribed in an agreement signed by such cadet or midshipman in accordance with section 4348, 6959, or 9348 of title 10, United States Code.

(3) EXCEPTION.—A former cadet or midshipman whose medical disqualification as described in paragraph (2)(B) is the result of the gross negligence or misconduct of the former cadet or midshipman is not an eligible individual for purposes of appointment under a pilot program.

(b) Purpose.—The purpose of the pilot programs is to evaluate the feasibility and advisability of permitting eligible individuals who cannot accept a commission or complete a period of active duty in the Armed Forces prescribed by the Secretary of the military department concerned to fulfill an obligation for active duty service in the Armed Forces through service as a civilian employee of the Department of Defense

(c) Positions.—

(1) IN GENERAL.—The positions to which an eligible individual may be appointed under a pilot program are existing positions within the Department of Defense in grades up to GS–9 under the General Schedule under section 5332 of title 5, United States Code (or equivalent). The authority in subsection (a) does not authorize the creation of additional positions, or create any vacancies to which eligible individuals may be appointed under a pilot program.

(2) TERM POSITIONS.—Any appointment under a pilot program shall be to a position having a term of five years or less.

(d) Scope of authority.—

(1) RECRUITMENT AND RETENTION OF ELIGIBLE INDIVIDUALS.—The authority in subsection (a) may be used only to the extent necessary to recruit and retain on a non-competitive basis cadets and midshipmen who are relieved of an obligation for active duty in the Armed Forces due to becoming medically disqualified from serving on active duty in the Armed Forces, and may not be used to appoint any other individuals in the excepted service.

(2) VOLUNTARY ACCEPTANCE OF APPOINTMENTS.—A pilot program may not be used as an implicit or explicit basis for compelling an eligible individual to accept an appointment in the excepted service in accordance with this section.

(e) Relationship to repayment provisions.—Completion of a term appointment pursuant to a pilot program shall relieve the eligible individual concerned of any repayment obligation under section 303a(e) or 373 of title 37, United States Code, with respect to the agreement of the individual described in subsection (b)(2)(B).

(f) Termination.—

(1) IN GENERAL.—The authority to appoint eligible individuals in the excepted service under a pilot program shall expire on the date that is four years after the date of the enactment of this Act.

(2) EFFECT ON EXISTING APPOINTMENTS.—The termination by paragraph (1) of the authority in subsection (a) shall not affect any appointment made under that authority before the termination date specified in paragraph (1) in accordance with the terms of such appointment.

(a) Limitation.—None of the funds authorized to be appropriated or otherwise available for the Department of the Air Force may be obligated or expended for the purpose of the attendance of Air Force enlisted personnel at Air Force officer professional military education (PME) in-residence courses until the later of—

(1) the date on which the Secretary of the Air Force submits to the Committees on Armed Services of the Senate and the House of Representatives, and to the Comptroller General of the United States, a report on the attendance of such personnel at such courses as described in subsection (b);

(2) the date on which the Comptroller General submits to such committees the report setting forth an assessment of the report under paragraph (1) as described in subsection (c); or

(3) 180 days after the date of the enactment of this Act.

(b) Secretary of the Air Force report.—The report of the Secretary described in subsection (a)(1) shall include the following:

(1) The purpose of the attendance of Air Force enlisted personnel at Air Force officer professional military education in-residence courses.

(2) The objectives for the attendance of such enlisted personnel at such officer professional military education courses.

(3) The required prerequisites for such enlisted personnel to attend such officer professional military education courses.

(4) The process for selecting such enlisted personnel to attend such officer professional military education courses.

(5) The impact of the attendance of such enlisted personnel at such officer professional military education courses on the availability of officer allocations for the attendance of officers at such courses.

(6) The impact of the attendance of such enlisted personnel at such officer professional military education courses on the morale and retention of officers attending such courses.

(7) The resources required for such enlisted personnel to attend such officer professional military education courses.

(8) The impact on unit and overall Air Force manning levels of the attendance of such enlisted personnel at such officer professional military education courses, especially at the statutorily-limited end strengths of grades E–8 and E–9.

(9) The extent to which graduation by such enlisted personnel from such officer professional military education courses is a requirement for Air Force or joint assignments.

(10) The planned assignment utilization for Air Force enlisted graduates of such officer professional military education courses.

(11) Any other matters in connection with the attendance of such enlisted personnel at such officer professional military education courses that the Secretary considers appropriate.

(c) Comptroller General of the United States report.—

(1) IN GENERAL.—Not later than 90 days after the date the Secretary submits the report described in subsection (a)(1), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on an assessment of the report by the Comptroller General. As soon as practicable after the briefing, the Comptroller General shall submit to such committees a report on such assessment for purposes of subsection (a)(2).

(2) ELEMENTS.—The report under paragraph (1) shall include the following:

(A) An assessment of whether the conclusions and assertions included in the report of the Secretary under subsection (a) are comprehensive, fully supported, and sufficiently detailed.

(B) An identification of any shortcomings, limitations, or other reportable matters that affect the quality of the findings or conclusions of the report of the Secretary.

(a) Pilot program required.—

(1) IN GENERAL.—The Secretary of Defense shall conduct a pilot program to assess the feasability and advisability of assisting members of the Armed Forces described in subsection (c) who are undergoing the transition from active duty in the Armed Forces to civilian life by accelerating and improving their access to employment following their transition to civilian life through the coordination, integration, and leveraging of existing programs and authorities of the Department of Defense for such purposes with programs and resources of State and local agencies, institutions of higher education, employers, and other public, private, and nonprofit entities applicable to the pilot program.

(2) EXISTING COMMUNITY PROGRAMS AND RESOURCES.—For purposes of this section, existing programs and resources of State and local agencies, institutions of higher education, employers, and other public, private, and nonprofit entities described in paragraph (1) in the vicinity of a location of the pilot program are referred to as the “existing community programs and resources” in that vicinity.

(b) Goals.—The goals of the pilot program shall be as follows:

(1) To facilitate the coordination of existing community programs and resources in the locations of the pilot program in order to identify a model for the coordination of such programs and authorities that can be replicated nationwide in communities in which members of the Armed Forces described in subsection (c) are undergoing the transition from active duty to civilian life.

(2) To identify mechanisms by which the Department of Defense and existing community programs and resources may work with employers and members of the Armed Forces described in subsection (c) in order to—

(A) identify workforce needs that may be satisfiable by such members following their transition to civilian life;

(B) identify military occupational skills that may satisfy the workforce needs identified pursuant to subparagraph (A); and

(C) identify gaps in the training of members of the Armed Forces that may require remediation in order to satisfy workforce needs identified pursuant to subparagraph (A), and identify mechanisms by which members of the Armed Forces described in subsection (c) may receive training to remediate such gaps.

(3) To identify mechanisms to assist members of the Armed Forces described in subsection (c) in bridging geographical gaps between their final military installations and nearby metropolitan areas in which employment and necessary training are likely to be available to such members during or following their transition to civilian life.

(c) Covered members.—The members of the Armed Forces described in this subsection are the following:

(1) Regular members of the Armed Forces who are within 180 days of discharge or release from the Armed Forces.

(2) Members of the reserve components of the Armed Forces (whether National Guard or Reserve) who are on active duty for a period of more than 365 days and are within 180 days of release from such active duty.

(d) Locations.—

(1) IN GENERAL.—The Secretary shall carry out the pilot program at not less than five locations selected by the Secretary for purposes of the pilot program.

(2) SELECTION REQUIREMENTS.—Each location selected pursuant to paragraph (1) shall—

(A) include a military installation—

(i) that has a well-established military-civilian community relationship with the civilian communities nearby; and

(ii) at which serves an appropriate population of members of the Armed Forces described in subsection (c);

(B) have a large employment or industry base that supports a variety of occupational opportunities;

(C) have appropriate institutional infrastructure for the provision of worker training; and

(D) take place in a different geographic region of the United States.

(e) Elements.—At each location selected for the pilot program there shall be the following:

(1) A mechanism to identify existing community programs and resources for participation in the pilot program, including programs and resources that are currently working with programs and authorities of the Department of Defense to assist members of the Armed Forces described in subsection (c), and, especially, programs and resources that are recognized as engaging in best practices in working with such programs and authorities of the Department.

(2) A mechanism to assess the willingness of employers in the vicinity of such location to participate in the pilot program and employ members of the Armed Forces participating in the pilot program following their transition to civilian life.

(3) A mechanism to assess the willingness of the State in which such location is located to recognize military training for credit for professional and occupational licenses.

(4) A civilian community coordinator for the pilot program, who shall be responsible for implementation and execution of the pilot program for the Department, and for coordinating existing community programs and resources, at such location by—

(A) pursuing a multi-faceted outreach and engagement strategy that leverages relationships with appropriate public, private, and nonprofit entities in the vicinity of such location for purposes of the pilot program;

(B) developing and implementing a program using existing resources, infrastructure, and experience to maximize the benefits of the pilot program for members of the Armed Forces participating in the pilot program by minimizing the time required for completion of training provided to such members under the pilot program, which program shall—

(i) compliment continuing Department efforts to assist members of the Armed Forces in their transition from active duty in the Armed Forces to civilian life and to coordinate with existing veteran employment programs for purposes of such efforts;

(ii) provide for the cultivation of a network of partners among the entities described in subparagraph (A) in order to maximize the number of opportunities for civilian employment for members of the Armed Forces participating in the pilot program following their transition to civilian life;

(iii) provide for the use of comprehensive assessments of the military experience gained by members of the Armed Forces participating in the pilot program in order to assist them in obtaining civilian employment relating to their military occupations following their transition to civilian life;

(iv) seek to secure for members of the Armed Forces participating in the pilot program maximum credit for prior military service in their pursuit of civilian employment following their transition to civilian life;

(v) seek to eliminate unnecessary and redundant elements of the training provided for purposes of the pilot program to members of the Armed Forces participating in the pilot program;

(vi) seek to minimize the time required for members of the Armed Forces participating in the pilot program in obtaining skills, credentials, or certifications required for civilian employment following their transition to civilian life; and

(vii) provide for the continuous collection of data and feedback from employers in the vicinity of such location in order to tailor training provided to members of the Armed Forces for purposes of the pilot program to meet the needs of such employers.

(5) A plan of action for delivering additional training and credentialing modules for members of the Armed Forces described in subsection (c) in order to seek to provide such members with skills that are in high demand in the vicinity and region of such location.

(f) Reports.—

(1) INITIAL REPORT.—Not later than one year after the date of the commencement of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. The report shall include, for each location selected for the pilot program pursuant to subsection (d), the following:

(A) A full description of the pilot program, including—

(i) the number of members of the Armed Forces participating in the pilot program;

(ii) the outreach to public, private, and nonprofit entities conducted for purposes of the pilot program to encourage such entities to participate in the pilot program;

(iii) the entities participating in the pilot program, set forth by employment sector;

(iv) the number of members participating in the pilot program who obtained employment with an entity participating in the pilot program, set forth by employment sector;

(v) a description of any additional training provided to members participating in the pilot program for purposes of the pilot program, including the amount of time required for such additional training; and

(vi) a description of the cost of the pilot program.

(B) A current assessment of the effect of the pilot program on Department of Defense and community efforts to assist members of the Armed Forces described in subsection (c) in obtaining civilian employment following their transition to civilian life.

(2) FINAL REPORT.—Not later than 90 days before the date on which the pilot program terminates, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an update of the report submitted under paragraph (1).

(g) Construction.—Nothing in this section may be construed to authorize the Secretary to hire additional employees for the Department of Defense to carry out the pilot program.

(h) Termination.—The authority of the Secretary to carry out the pilot program shall terminate on the date that is two years after the date on which the pilot program commences.

Section 10219(g) of title 10, United States Code, is amended by striking “October 1, 2018” and inserting “October 1, 2020”.