PUBLIC LAW 115–232—AUG. 13, 2018 

JOHN S. MCCAIN NATIONAL DEFENSE 

AUTHORIZATION ACT FOR FISCAL YEAR 2019 

★ (Star Print) 


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132 STAT. 1636 PUBLIC LAW 115–232—AUG. 13, 2018 

Public Law 115–232 

115th Congress 

An Act 

To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

(a) IN GENERAL.—This Act may be cited as the ‘‘John S. McCain 

National Defense Authorization Act for Fiscal Year 2019’’. 

(b) REFERENCES.—Any reference in this or any other Act to 

the ‘‘National Defense Authorization Act for Fiscal Year 2019’’ shall 

be deemed to be a reference to the ‘‘John S. McCain National 

Defense Authorization Act for Fiscal Year 2019’’. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(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. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization Of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. National Guard and reserve component equipment report. 

Sec. 112. Deployment by the Army of an interim cruise missile defense capability. 

Subtitle C—Navy Programs 

Sec. 121. Procurement authority for Ford class aircraft carrier program. 

Sec. 122. Full ship shock trial for Ford class aircraft carrier. 

Sec. 123. Sense of Congress on accelerated production of aircraft carriers. 

Sec. 124. Multiyear procurement authority for standard missile–6. 

Sec. 125. Multiyear procurement authority for E–2D aircraft. 

Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft. 

John S. McCain 

National Defense 

Authorization 

Act for Fiscal 

Year 2019. 

Aug. 13, 2018 

[H.R. 5515] 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1637 

Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes. 

Sec. 128. Frigate class ship program. 

Sec. 129. Contract requirement for Virginia class submarine program. 

Sec. 130. Prohibition on availability of funds for Navy port waterborne security barriers. 

Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for 

certain vessels. 

Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle program. 

Sec. 133. Report on degaussing standards for DDG–51 destroyers. 

Subtitle D—Air Force Programs 

Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on retirement of KC–10A aircraft. 

Sec. 142. Multiyear procurement authority for C–130J aircraft program. 

Sec. 143. Contract for logistics support for VC–25B aircraft. 

Sec. 144. Retirement date for VC–25A aircraft. 

Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization 

Program. 

Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of certification. 

Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft. 

Sec. 148. Report on modernization of B–52H aircraft systems. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 151. Procurement authority for additional icebreaker vessels. 

Sec. 152. Buy-to-budget acquisition of F–35 aircraft. 

Sec. 153. Certification on inclusion of technology to minimize physiological episodes 

in certain aircraft. 

Sec. 154. Armored commercial passenger-carrying vehicles. 

Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Modification of authority to carry out certain prototype projects. 

Sec. 212. Extension of directed energy prototype authority. 

Sec. 213. Prohibition on availability of funds for the Weather Common Component 

program. 

Sec. 214. Limitation on availability of funds for F–35 continuous capability development and delivery. 

Sec. 215. Limitation on availability of funds pending report on agile software development and software operations. 

Sec. 216. Limitation on availability of funds for certain high energy laser advanced 

technology. 

Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense. 

Sec. 218. National Defense Science and Technology Strategy. 

Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial 

vehicle. 

Sec. 220. Establishment of innovators information repository in the Department of 

Defense. 

Sec. 221. Strategic plan for Department of Defense test and evaluation resources. 

Sec. 222. Collaboration between Defense laboratories, industry, and academia; open 

campus program. 

Sec. 223. Permanent extension and codification of authority to conduct technology 

protection features activities during research and development of defense systems. 

Sec. 224. Codification and reauthorization of Defense Research and Development 

Rapid Innovation Program. 

Sec. 225. Procedures for rapid reaction to emerging technology. 

Sec. 226. Activities on identification and development of enhanced personal protective equipment against blast injury. 

Sec. 227. Human factors modeling and simulation activities. 

Sec. 228. Expansion of mission areas supported by mechanisms for expedited access 

to technical talent and expertise at academic institutions. 

Sec. 229. Advanced manufacturing activities. 

Sec. 230. National security innovation activities. 

Sec. 231. Partnership intermediaries for promotion of defense research and education. 


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132 STAT. 1638 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System. 

Sec. 233. Expansion of coordination requirement for support for national security 

innovation and entrepreneurial education. 

Sec. 234. Defense quantum information science and technology research and development program. 

Sec. 235. Joint directed energy test activities. 

Sec. 236. Requirement for establishment of arrangements for expedited access to 

technical talent and expertise at academic institutions to support Department of Defense missions. 

Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research 

relating to high powered microwave capabilities. 

Sec. 238. Joint artificial intelligence research, development, and transition activities. 

Subtitle C—Reports and Other Matters 

Sec. 241. Report on survivability of air defense artillery. 

Sec. 242. T–45 aircraft physiological episode mitigation actions. 

Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers. 

Sec. 244. Report on Defense Innovation Unit Experimental. 

Sec. 245. Modification of funding criteria under Historically Black Colleges and 

Universities and minority institutions program. 

Sec. 246. Report on OA–X light attack aircraft applicability to partner nation support. 

Sec. 247. Reports on comparative capabilities of adversaries in key technology 

areas. Sec. 248. Report on active protection systems for armored combat and tactical vehicles. 

Sec. 249. Next Generation Combat Vehicle. 

Sec. 250. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions. 

Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift programs. 

Sec. 252. Improvement of the Air Force supply chain. 

Sec. 253. Review of guidance on blast exposure during training. 

Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement. 

Sec. 255. Independent assessment of electronic warfare plans and programs. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Explosive Ordnance Disposal Defense Program. 

Sec. 312. Further improvements to energy security and resilience. 

Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal 

resources for projects at military installations where resources are located. 

Sec. 314. Operational energy policy. 

Sec. 315. Funding of study and assessment of health implications of per- and 

polyfluoroalkyl substances contamination in drinking water by agency 

for toxic substances and disease registry. 

Sec. 316. Extension of authorized periods of permitted incidental takings of marine 

mammals in the course of specified activities by Department of Defense. 

Sec. 317. Department of Defense environmental restoration programs. 

Sec. 318. Joint study on the impact of wind farms on weather radars and military 

operations. 

Sec. 319. Core sampling at Joint Base San Antonio, Texas. 

Sec. 320. Production and use of natural gas at Fort Knox, Kentucky. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Authorizing use of working capital funds for unspecified minor military 

construction projects related to revitalization and recapitalization of defense industrial base facilities. 

Sec. 322. Examination of Navy vessels. 

Sec. 323. Limitation on length of overseas forward deployment of naval vessels. 

Sec. 324. Temporary modification of workload carryover formula. 

Sec. 325. Limitation on use of funds for implementation of elements of master plan 

for redevelopment of Former Ship Repair Facility in Guam. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1639 

Sec. 326. Business case analysis for proposed relocation of J85 Engine Regional Repair Center. 

Sec. 327. Report on pilot program for micro-reactors. 

Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration, 

and Modernization structure and mechanism. 

Subtitle D—Reports 

Sec. 331. Reports on readiness. 

Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readiness. Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations. 

Sec. 334. Surface warfare training improvement. 

Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifications. 

Sec. 336. Report on depot-level maintenance and repair. 

Sec. 337. Report on wildfire suppression capabilities of active and reserve components. 

Sec. 338. Report on relocation of steam turbine production from Nimitz-class and 

Ford-class aircraft carriers and Virginia-class and Columbia-class submarines. 

Sec. 339. Report on Specialized Undergraduate Pilot Training production, 

resourcing, and locations. 

Sec. 340. Report on Air Force airfield operational requirements. 

Sec. 341. Report on Navy surface ship repair contract costs. 

Subtitle E—Other Matters 

Sec. 351. Coast Guard representation on explosive safety board. 

Sec. 352. Transportation to continental United States of retired military working 

dogs outside the continental United States that are suitable for adoption 

in the United States. 

Sec. 353. Scope of authority for restoration of land due to mishap. 

Sec. 354. Repurposing and reuse of surplus Army firearms. 

Sec. 355. Study on phasing out open burn pits. 

Sec. 356. Notification requirements relating to changes to uniform of members of 

the uniformed services. 

Sec. 357. Reporting on future years budgeting by subactivity group. 

Sec. 358. Limitation on availability of funds for service-specific Defense Readiness 

Reporting Systems. 

Sec. 359. Prioritization of environmental impacts for facilities sustainment, restoration, and modernization demolition. 

Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan. 

Sec. 361. U.S. Special Operations Command Civilian Personnel. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revisions in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Repeal of requirement for ability to complete 20 years of service by age 

62 as qualification for original appointment as a regular commissioned 

officer. 

Sec. 502. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned 

officer. 

Sec. 503. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills. 


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132 STAT. 1640 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 504. Authority for promotion boards to recommend officers of particular merit 

be placed higher on a promotion list. Sec. 505. Authority for officers to opt out of promotion board consideration. 

Sec. 506. Applicability to additional officer grades of authority for continuation on 

active duty of officers in certain military specialties and career tracks. Sec. 507. Alternative promotion authority for officers in designated competitive categories of officers. Sec. 508. Attending Physician to the Congress. 

Sec. 509. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service. Sec. 510. Grades of Chiefs of Chaplains. 

Sec. 511. Repeal of original appointment qualification requirement for warrant officers in the regular Army. Sec. 512. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer. Sec. 513. Authority to designate certain reserve officers as not to be considered for 

selection for promotion. Sec. 514. GAO review of surface warfare career paths. 

Subtitle B—Reserve Component Management 

Sec. 515. Authorized strength and distribution in grade. 

Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty. Sec. 517. Expansion of personnel subject to authority of the Chief of the National 

Guard Bureau in the execution of functions and missions of the National 

Guard Bureau. 

Sec. 518. Authority to adjust effective date of promotion in the event of undue 

delay in extending Federal recognition of promotion. Sec. 519. National Guard Youth Challenge Program. 

Sec. 520. Extension of authority for pilot program on use of retired senior enlisted 

members of the Army National Guard as Army National Guard recruiters. 

Subtitle C—General Service Authorities and Correction of Military Records 

Sec. 521. Enlistments vital to the national interest. 

Sec. 522. Statement of benefits. 

Sec. 523. Modification to forms of support that may be accepted in support of the 

mission of the Defense POW/MIA Accounting Agency. Sec. 524. Assessment of Navy standard workweek and related adjustments. 

Sec. 525. Notification on manning of afloat naval forces. 

Sec. 526. Navy watchstander records. 

Sec. 527. Qualification experience requirements for certain Navy watchstations. 

Subtitle D—Military Justice 

Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice. Sec. 532. Punitive article on domestic violence under the Uniform Code of Military 

Justice. 

Sec. 533. Authorities of Defense Advisory Committee on Investigation, Prosecution, 

and Defense of Sexual Assault in the Armed Forces. 

Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel 

to victims of domestic violence. 

Sec. 535. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces. Sec. 536. Standardization of policies related to expedited transfer in cases of sexual 

assault or domestic violence. 

Subtitle E—Other Legal Matters 

Sec. 541. Clarification of expiration of term of appellate military judges of the 

United States Court of Military Commission Review. Sec. 542. Security clearance reinvestigation of certain personnel who commit certain offenses. 

Sec. 543. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy. Sec. 544. Oversight of registered sex offender management program. 

Sec. 545. Development of resource guides regarding sexual assault for the military 

service academies. 

Sec. 546. Improved crime reporting. 

Sec. 547. Report on victims of sexual assault in reports of military criminal investigative organizations. 

Subtitle F—Member Education, Training, Resilience, and Transition 

Sec. 551. Permanent career intermission program. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1641 

Sec. 552. Improvements to Transition Assistance Program. 

Sec. 553. Repeal of program on encouragement of postseparation public and community service. 

Sec. 554. Clarification of application and honorable service requirements under the 

Troops-to-Teachers Program to members of the Retired Reserve. 

Sec. 555. Employment and compensation of civilian faculty members at the Joint 

Special Operations University. 

Sec. 556. Program to assist members of the Armed Forces in obtaining professional 

credentials. 

Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers’ 

Training Corps programs. 

Sec. 558. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate 

families. 

Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior 

level and intermediate level officer professional military education 

courses. 

Subtitle G—Defense Dependents’ Education 

Sec. 561. Assistance to schools with military dependent students. 

Sec. 562. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools. 

Sec. 563. Department of Defense Education Activity misconduct database. 

Sec. 564. Assessment and report on active shooter threat mitigation at schools located on military installations. 

Subtitle H—Military Family Readiness Matters 

Sec. 571. Department of Defense Military Family Readiness Council matters. 

Sec. 572. Enhancement and clarification of family support services for family members of members of special operations forces. 

Sec. 573. Temporary expansion of authority for noncompetitive appointments of 

military spouses by Federal agencies. 

Sec. 574. Improvement of My Career Advancement Account program for military 

spouses. 

Sec. 575. Assessment and report on the effects of permanent changes of station on 

employment among military spouses. 

Sec. 576. Provisional or interim clearances to provide childcare services at military 

childcare centers. 

Sec. 577. Multidisciplinary teams for military installations on child abuse and 

other domestic violence. 

Sec. 578. Pilot program for military families: prevention of child abuse and training 

on safe childcare practices. 

Sec. 579. Assessment and report on small business activities of military spouses on 

military installations in the United States. 

Subtitle I—Decorations and Awards 

Sec. 581. Atomic veterans service certificate. 

Sec. 582. Award of medals or other commendations to handlers of military working 

dogs. 

Sec. 583. Authorization for award of distinguished-service cross to Justin T. 

Gallegos for acts of valor during Operation Enduring Freedom. 

Subtitle J—Miscellaneous Reports and Other Matters 

Sec. 591. Annual defense manpower requirements report matters. 

Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary 

Barracks Cemetery, Fort Leavenworth, Kansas. 

Sec. 593. Standardization of frequency of academy visits of the Air Force Academy 

Board of Visitors with academy visits of boards of other military service 

academies. 

Sec. 594. National Commission on Military, National, and Public Service matters. 

Sec. 595. Public availability of top-line numbers of deployed members of the Armed 

Forces. 

Sec. 596. Report on general and flag officer costs. 

Sec. 597. Study on active service obligations for medical training with other service 

obligations for education or training and health professional recruiting. 

Sec. 598. Criteria for interment at Arlington National Cemetery. 

Sec. 599. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program. 

Sec. 600. Proof of period of military service for purposes of interest rate limitation 

under the Servicemembers Civil Relief Act. 


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132 STAT. 1642 PUBLIC LAW 115–232—AUG. 13, 2018 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Repeal of authority for payment of personal money allowances to Navy officers serving in certain positions. 

Sec. 602. Eligibility of reserve component members for high-deployment allowance 

for lengthy or numerous deployments and frequent mobilizations. 

Sec. 603. Prohibition on per diem allowance reductions based on the duration of 

temporary duty assignment or civilian travel. 

Sec. 604. Extension of parking expenses allowance to civilian employees at recruiting facilities. 

Sec. 605. Eligibility of reserve component members for nonreduction in pay while 

serving in the uniformed services or National Guard. 

Sec. 606. Military Housing Privatization Initiative. 

Subtitle B—Bonuses and Special Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

Sec. 612. Report on imminent danger pay and hostile fire pay. 

Subtitle C—Other Matters 

Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain 

veterans and their caregivers. 

Sec. 622. Technical corrections in calculation and publication of special survivor indemnity allowance cost of living adjustments. 

Sec. 623. Authority to award damaged personal protective equipment to members 

separating from the Armed Forces and veterans as mementos of military service. 

Sec. 624. Space-available travel on Department of Defense aircraft for veterans 

with service-connected disabilities rated as total. 

Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group 

Life Insurance for members deployed to combat theaters of operation. 

Sec. 626. Access to military installations for certain surviving spouses and other 

next of kin of members of the Armed Forces who die while on active 

duty or certain reserve duty. 

Sec. 627. Study and report on development of a single defense resale system. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Cessation of requirement for mental health assessment of members after 

redeployment from a contingency operation upon discharge or release 

from the Armed Forces. 

Sec. 702. Pilot program on treatment of members of the Armed Forces for posttraumatic stress disorder related to military sexual trauma. 

Subtitle B—Health Care Administration 

Sec. 711. Improvement of administration of the Defense Health Agency and military medical treatment facilities. 

Sec. 712. Organizational framework of the military healthcare system to support 

the medical requirements of the combatant commands. 

Sec. 713. Administration of TRICARE dental plans through the Federal Employees 

Dental and Vision Insurance Program. 

Sec. 714. Streamlining of TRICARE Prime beneficiary referral process. 

Sec. 715. Sharing of information with State prescription drug monitoring programs. 

Sec. 716. Pilot program on opioid management in the military health system. 

Sec. 717. Wounded warrior policy review. 

Sec. 718. Medical simulation technology and live tissue training within the Department of Defense. 

Sec. 719. Improvements to trauma center partnerships. 

Sec. 720. Improvement to notification to Congress of hospitalization of combatwounded members of the Armed Forces. 

Subtitle C—Reports and Other Matters 

Sec. 731. Extension of authority for Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund. 

Sec. 732. Joint forces medical capabilities development and standardization. 

Sec. 733. Inclusion of gambling disorder in health assessments of members of the 

Armed Forces and related research efforts. 

Sec. 734. Report on requirement for certain former members of the Armed Forces 

to enroll in Medicare Part B to be eligible for TRICARE for Life. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1643 

Sec. 735. Pilot program on earning by special operations forces medics of credit toward a physician assistant degree. 

Sec. 736. Strategic medical research plan. 

Sec. 737. Comptroller General of the United States review of Defense Health Agency oversight of transition between managed care support contractors for 

the TRICARE program. 

Sec. 738. Comptroller General study on availability of long-term care options for 

veterans from Department of Veterans Affairs. 

Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foundation for the Advancement of Military Medicine. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Sec. 800. Effective dates; coordination of amendments. 

Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations 

PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF

SUBTITLE A OF TITLE 10, UNITED STATES CODE

Sec. 801. Framework for new part V of subtitle A. 

PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO

PROVIDE ROOM FOR NEW PART V OF SUBTITLE A 

Sec. 806. Redesignation of sections and chapters of subtitle D of title 10, United 

States Code—Air Force. 

Sec. 807. Redesignation of sections and chapters of subtitle C of title 10, United 

States Code—Navy and Marine Corps. 

Sec. 808. Redesignation of sections and chapters of subtitle B of title 10, United 

States Code—Army. 

Sec. 809. Cross references to redesignated sections and chapters. 

PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW

Sec. 811. Amendment to and repeal of statutory requirements for certain positions 

or offices in the Department of Defense. 

Sec. 812. Repeal of certain defense acquisition laws. 

Sec. 813. Repeal of certain Department of Defense reporting requirements. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 816. Modification of limitations on single source task or delivery order contracts. 

Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract 

authority. 

Sec. 818. Revision of requirement to submit information on services contracts to 

Congress. 

Sec. 819. Data collection and inventory for services contracts. 

Sec. 820. Report on clarification of services contracting definitions. 

Sec. 821. Increase in micro-purchase threshold applicable to Department of Defense. 

Sec. 822. Department of Defense contracting dispute matters. 

Sec. 823. Inclusion of best available information regarding past performance of subcontractors and joint venture partners. 

Sec. 824. Subcontracting price and approved purchasing systems. 

Sec. 825. Modification of criteria for waivers of requirement for certified cost and 

price data. 

Subtitle C—Provisions Relating to Major Defense Acquisition Programs 

Sec. 831. Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs. 

Sec. 832. Implementation of recommendations of the Independent Study on Consideration of Sustainment in Weapons Systems Life Cycle. 

Sec. 833. Comptroller General assessment of acquisition programs and related initiatives. 

Subtitle D—Provisions Relating to Commercial Items 

Sec. 836. Revision of definition of commercial item for purposes of Federal acquisition statutes. 

Sec. 837. Limitation on applicability to Department of Defense commercial contracts of certain provisions of law. 


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132 STAT. 1644 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 838. Modifications to procurement through commercial e-commerce portals. 

Sec. 839. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items. 

Subtitle E—Industrial Base Matters 

Sec. 841. Report on limited sourcing of specific components for Naval vessels. 

Sec. 842. Removal of national interest determination requirements for certain entities. 

Sec. 843. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. 

Sec. 844. Limitation on certain procurements application process. 

Sec. 845. Report on defense electronics industrial base. 

Sec. 846. Support for defense manufacturing communities to support the defense 

industrial base. 

Sec. 847. Limitation on procurement of certain items for T–AO–205 program. 

Subtitle F—Small Business Matters 

Sec. 851. Department of Defense small business strategy. 

Sec. 852. Prompt payments of small business contractors. 

Sec. 853. Increased participation in the Small Business Administration microloan 

program. 

Sec. 854. Amendments to Small Business Innovation Research Program and Small 

Business Technology Transfer Program. 

Sec. 855. Construction contract administration. 

Sec. 856. Comptroller General study of impact of broadband speed and price on 

small businesses. 

Sec. 857. Consolidated budget display for the Department of Defense Small Business Innovation Research Program and Small Business Technology 

Transfer Program. 

Sec. 858. Funding for procurement technical assistance program. 

Sec. 859. Authorization for payment of certain costs relating to procurement technical assistance centers. 

Sec. 860. Commercialization Assistance Pilot Program. 

Sec. 861. Puerto Rico businesses. 

Sec. 862. Opportunities for employee-owned business concerns through Small Business Administration loan programs. 

Subtitle G—Provisions Related to Software and Technical Data Matters 

Sec. 865. Validation of proprietary and technical data. 

Sec. 866. Continuation of technical data rights during challenges. 

Sec. 867. Requirement for negotiation of technical data price before sustainment of 

major weapon systems. 

Sec. 868. Implementation of recommendations of the final report of the Defense 

Science Board Task Force on the Design and Acquisition of Software for 

Defense Systems. 

Sec. 869. Implementation of pilot program to use agile or iterative development 

methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018. 

Sec. 870. Report on requiring access to digital technical data in future acquisitions 

of combat, combat service, and combat support systems. 

Subtitle H—Other Matters 

Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign 

nations. 

Sec. 872. Extension of prohibition on providing funds to the enemy. 

Sec. 873. Data, policy, and reporting on the use of other transactions. 

Sec. 874. Standardization of formatting and public accessibility of Department of 

Defense reports to Congress. 

Sec. 875. Promotion of the use of Government-wide and other interagency contracts. 

Sec. 876. Increasing competition at the task order level. 

Sec. 877. Individual acquisition for commercial leasing services. 

Sec. 878. Procurement administrative lead time definition and plan. 

Sec. 879. Briefing on funding of product support strategies. 

Sec. 880. Use of lowest price technically acceptable source selection process. 

Sec. 881. Permanent Supply Chain Risk Management Authority. 

Sec. 882. Review of market research. 

Sec. 883. Establishment of integrated review team on defense acquisition industrygovernment exchange. 

Sec. 884. Exchange program for acquisition workforce employees. 

Sec. 885. Process to limit foreign access to technology. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1645 

Sec. 886. Procurement of telecommunications supplies for experimental purposes. 

Sec. 887. Access by developmental and operational testing activities to data regarding modeling and simulation activity. 

Sec. 888. Instruction on pilot program regarding employment of persons with disabilities. 

Sec. 889. Prohibition on certain telecommunications and video surveillance services 

or equipment. 

Sec. 890. Pilot program to accelerate contracting and pricing processes. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Office of the Secretary of Defense and Related Matters 

Sec. 901. Report on allocation of former responsibilities of the Under Secretary of 

Defense for Acquisition, Technology, and Logistics. 

Sec. 902. Modification of responsibilities of the Under Secretary of Defense for Policy. 

Sec. 903. Clarification of responsibilities and duties of the Chief Information Officer 

of the Department of Defense. 

Sec. 904. Technical corrections to Department of Defense Test Resource Management Center authority. 

Sec. 905. Specification of certain duties of the Defense Technical Information Center. 

Subtitle B—Organization and Management of Other Department of Defense Offices 

and Elements 

Sec. 911. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy. 

Sec. 912. Modification of certain responsibilities of the Chairman of the Joint 

Chiefs of Staff relating to joint force concept development. 

Sec. 913. Clarification of certain risk assessment requirements of the Chairman of 

the Joint Chiefs of Staff in connection with the National Military Strategy. 

Sec. 914. Assistant Secretary of Defense for Special Operations and Low Intensity 

Conflict review of United States Special Operations Command. 

Sec. 915. Expansion of principal duties of Assistant Secretary of the Navy for Research, Development, and Acquisition. 

Sec. 916. Qualifications for appointment as Deputy Chief Management Officer of a 

military department. 

Sec. 917. Deadline for completion of full implementation of requirements in connection with organization of the Department of Defense for management of 

special operations forces and special operations. 

Sec. 918. Cross-functional teams in the Department of Defense. 

Sec. 919. Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy. 

Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction 

Sec. 921. Authorities and responsibilities of the Chief Management Officer of the 

Department of Defense. 

Sec. 922. Analysis of Department of Defense business management and operations 

datasets to promote savings and efficiencies. 

Sec. 923. Periodic review of the Defense Agencies and Department of Defense Field 

Activities by the Chief Management Officer of the Department of Defense. 

Sec. 924. Actions to increase the efficiency and transparency of the Defense Logistics Agency. 

Sec. 925. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency. 

Sec. 926. Review and improvement of the operations of the Defense Finance and 

Accounting Service. 

Sec. 927. Assessment of chief information officer functions in connection with transition to enterprise-wide management of information technology and 

computing. 

Sec. 928. Comptroller General of the United States report on cross-enterprise activities of the Inspectors General of the Department of Defense. 

Sec. 929. General provisions. 

Subtitle D—Other Department of Defense Organization and Management Matters 

Sec. 931. Limitation on availability of funds for major headquarters activities of the 

Department of Defense. 

Sec. 932. John S. McCain Strategic Defense Fellows Program. 

Sec. 933. Performance of civilian functions by military personnel. 


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Sec. 934. Report on implementation of requirements on estimation and comparison 

of costs of civilian and military manpower and contract support for the 

Department of Defense. 

Sec. 935. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations, Defense appropriation. 

Sec. 936. Responsibility for policy on civilian casualty matters. 

Sec. 937. Additional matters in connection with background and security investigations for Department of Defense personnel. 

Sec. 938. Research and development to advance capabilities of the Department of 

Defense in data integration and advanced analytics in connection with 

personnel security. 

Subtitle E—Other Matters 

Sec. 941. Trusted information provider program for national security positions and 

positions of trust. 

Sec. 942. Report on expedited processing of security clearances for mission-critical 

positions. 

Sec. 943. Report on clearance in person concept. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Expertise in audit remediation. 

Sec. 1003. Authority to transfer funds to Director of National Intelligence for 

CAPNET. 

Sec. 1004. Audit of financial systems of the Department of Defense. 

Sec. 1005. Report on auditable financial statements. 

Sec. 1006. Transparency of accounting firms used to support Department of Defense audit. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Inclusion of operation and sustainment costs in annual naval vessel construction plans. 

Sec. 1012. Purchase of vessels using funds in National Defense Sealift Fund. 

Sec. 1013. Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund. 

Sec. 1014. Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures. 

Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United 

States Code, and other provisions of law regarding naval vessels. 

Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft carriers. 

Sec. 1017. Limitation on use of funds for retirement of hospital ships. 

Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget request in annual 

budget justification materials. 

Sec. 1019. Business case analysis of Ready Reserve Force recapitalization options. 

Sec. 1020. Transfer of excess naval vessel to Bahrain. 

Subtitle C—Counterterrorism 

Sec. 1031. Definition of sensitive military operation. 

Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba, to the United 

States. 

Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1035. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba, to certain 

countries. 

Subtitle D—Miscellaneous Authorities and Limitations 

Sec. 1041. Strategic guidance documents within the Department of Defense. 

Sec. 1042. Notification on the provision of defense sensitive support. 

Sec. 1043. Coordinating United States response to malign foreign influence operations and campaigns. 

Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda of agreement. 

Sec. 1045. Workforce issues for military realignments in the Pacific. 

Sec. 1046. Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment. 


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Sec. 1047. Limitation on availability of funds for unmanned surface vehicles. 

Sec. 1048. Pilot program for Department of Defense controlled unclassified information in the hands of industry. 

Sec. 1049. Critical technologies list. 

Sec. 1050. Airborne Hazards and Open Burn Pit Registry. 

Sec. 1051. National Security Commission on Artificial Intelligence. 

Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup. 

Sec. 1053. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 

Subtitle E—Studies and Reports 

Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained Total 

Munitions Requirements and Out-Year inventory numbers. 

Sec. 1062. Improvement of annual report on civilian casualties in connection with 

United States military operations. 

Sec. 1063. Report on capabilities and capacities of Armored Brigade Combat 

Teams. 

Sec. 1064. Activities and reporting relating to Department of Defense’s Cloud Initiative. 

Sec. 1065. Limitation on use of funds for United States Special Operations Command Global Messaging and Counter-Messaging platform. 

Sec. 1066. Comprehensive review of professionalism and ethics programs for special 

operations forces. 

Sec. 1067. Munitions assessments and future-years defense program requirements. 

Sec. 1068. Report on establishment of Army Futures Command. 

Sec. 1069. Report on cyber-enabled information operations. 

Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery. 

Sec. 1071. Report on an updated Arctic strategy. 

Sec. 1072. Report on use and availability of military installations for disaster response. 

Sec. 1073. Report on Department of Defense participation in Export Administration 

Regulations license application review process. 

Sec. 1074. Military aviation readiness review in support of the National Defense 

Strategy. 

Sec. 1075. Report on highest-priority roles and missions of the Department of Defense and the Armed Forces. 

Subtitle F—Other Matters 

Sec. 1081. Technical, conforming, and clerical amendments. 

Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction. 

Sec. 1083. Modification of authority to transfer aircraft to other departments for 

wildfire suppression purposes. 

Sec. 1084. Improvement of database on emergency response capabilities. 

Sec. 1085. Disclosure requirements for United States-based foreign media outlets. 

Sec. 1086. United States policy with respect to freedom of navigation and overflight. 

Sec. 1087. National Commission on Military Aviation Safety. 

Sec. 1088. Sense of Congress regarding the international borders of the United 

States. 

Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual behavior 

committed on military installations. 

Sec. 1090. Recognition of America’s veterans. 

Sec. 1091. Prohibition of funds for Chinese language instruction provided by a Confucius Institute. 

Sec. 1092. Department of Defense engagement with certain nonprofit entities in 

support of missions of deployed United States personnel around the 

world. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Direct hire authority for the Department of Defense for certain competitive service positions. 

Sec. 1102. Modification of direct hire authority for the Department of Defense for 

post-secondary students and recent graduates. 

Sec. 1103. Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclearpowered aircraft carrier forward deployed in Japan. 

Sec. 1104. One-year extension and expansion of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. 

Sec. 1105. Extension of authority to conduct telework travel expenses test programs. 


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Sec. 1106. Personnel demonstration projects. 

Sec. 1107. Expanded flexibility in selecting candidates from referral lists. 

Sec. 1108. Expedited hiring authority for college graduates and post secondary students. 

Sec. 1109. Inapplicability of certification of executive qualifications by qualification 

review boards of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense. 

Sec. 1110. Engagement with Historically Black Colleges and Universities and minority-serving institutions for the purposes of technical workforce enhancement. 

Sec. 1111. Inclusion of Strategic Capabilities Office and Defense Innovation Unit 

Experimental of the Department of Defense in personnel management 

authority to attract experts in science and engineering. 

Sec. 1112. Enhancement of flexible management authorities for science and technology reinvention laboratories of the Department of Defense. 

Sec. 1113. Inclusion of Office of Secretary of Defense among components of the Department of Defense covered by direct hire authority for financial management experts. 

Sec. 1114. Alcohol testing of civil service mariners of the Military Sealift Command 

assigned to vessels. 

Sec. 1115. One-year extension of temporary authority to grant allowances, benefits, 

and gratuities to civilian personnel on official duty in a combat zone. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification of authority to build the capacity of foreign security forces. 

Sec. 1202. Clarification of authority for use of advisors and trainers for training of 

personnel of foreign ministries with security missions under defense institution capacity building authorities. 

Sec. 1203. Increase in cost limitation and additional notification required for small 

scale construction related to security cooperation. 

Sec. 1204. Technical corrections relating to defense security cooperation statutory 

reorganization. 

Sec. 1205. Review and report on processes and procedures used to carry out section 

362 of title 10, United States Code. 

Sec. 1206. Report on the use of security cooperation authorities. 

Sec. 1207. Participation in and support of the Inter-American Defense College. 

Sec. 1208. Naval Small Craft Instruction and Technical Training School. 

Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship Program to include irregular warfare. 

Sec. 1210. Modification to Department of Defense State Partnership Program. 

Sec. 1211. Assessment, monitoring, and evaluation of security cooperation. 

Sec. 1212. Legal and policy review of advise, assist, and accompany missions. 

Sec. 1213. Extension and modification of authority to support border security operations of certain foreign countries. 

Sec. 1214. Framework for obtaining concurrence for participation in activities of regional centers for security studies. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1221. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Afghanistan. 

Sec. 1222. Extension and modification of reporting requirements for special immigrant visas for Afghan allies program. 

Sec. 1223. Afghanistan Security Forces Fund. 

Sec. 1224. Extension and modification of Commanders’ Emergency Response Program. 

Sec. 1225. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1231. Extension and modification of authority to provide assistance to the vetted Syrian opposition. 

Sec. 1232. Syrian war crimes accountability. 

Sec. 1233. Extension of authority to provide assistance to counter the Islamic State 

of Iraq and Syria. 

Sec. 1234. Limitation on assistance to the Government of Iraq. 

Sec. 1235. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1236. Modification of annual report on military power of Iran. 


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Sec. 1237. Strategy to counter destabilizing activities of Iran. 

Subtitle D—Matters Relating to the Russian Federation 

Sec. 1241. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1242. Limitation on availability of funds relating to implementation of the 

Open Skies Treaty. 

Sec. 1243. Determination required regarding material breach of INF Treaty by the 

Russian Federation. 

Sec. 1244. Comprehensive response to the Russian Federation’s material breach of 

the INF Treaty. 

Sec. 1245. Report on implementation of the New START Treaty. 

Sec. 1246. Modification and extension of Ukraine Security Assistance Initiative. 

Sec. 1247. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Sec. 1248. Sense of Congress on enhancing deterrence against Russian aggression 

in Europe. 

Subtitle E—Matters Relating to the Indo-Pacific Region 

Sec. 1251. Name of United States Indo-Pacific Command. 

Sec. 1252. Redesignation, expansion, and extension of Southeast Asia Maritime Security Initiative. 

Sec. 1253. Redesignation and modification of sense of Congress and initiative for 

the Indo-Asia-Pacific region. 

Sec. 1254. Assessment of and report on geopolitical conditions in the Indo-Pacific 

region. 

Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-Pacific region. 

Sec. 1256. Reinstatement of reporting requirements with respect to United StatesHong Kong relations. 

Sec. 1257. Strengthening Taiwan’s force readiness. 

Sec. 1258. Sense of Congress on Taiwan. 

Sec. 1259. Prohibition on participation of the People’s Republic of China in Rim of 

the Pacific (RIMPAC) naval exercises. 

Sec. 1260. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1261. United States strategy on China. 

Sec. 1262. Report on military and coercive activities of the People’s Republic of 

China in South China Sea. 

Sec. 1263. Requirement for critical languages and expertise in Chinese, Korean, 

Russian, Farsi, and Arabic. 

Sec. 1264. Limitation on use of funds to reduce the total number of members of the 

Armed Forces serving on active duty who are deployed to the Republic 

of Korea. 

Sec. 1265. Reports on nuclear capabilities of the Democratic People’s Republic of 

Korea. 

Sec. 1266. Modification of report required under enhancing defense and security cooperation with India. 

Subtitle F—Reports and Other Matters 

Sec. 1271. Modification of authorities relating to acquisition and cross-servicing 

agreements. 

Sec. 1272. United States-Israel countering unmanned aerial systems cooperation. 

Sec. 1273. Enhancement of U.S.-Israel defense cooperation. 

Sec. 1274. Review to determine whether the Armed Forces or coalition partners of 

the United States violated Federal law or Department of Defense policy 

while conducting operations in Yemen. 

Sec. 1275. Report on United States Government security cooperation and assistance programs with Mexico. 

Sec. 1276. Report on Department of Defense missions, operations, and activities in 

Niger. 

Sec. 1277. Report on the security relationship between the United States and the 

Republic of Cyprus. 

Sec. 1278. Sense of Congress on detention of United States citizens by the Government of the Republic of Turkey. 

Sec. 1279. Technical amendments related to NATO Support and Procurement Organization and related NATO agreements. 

Sec. 1280. Report on permanent stationing of United States forces in the Republic 

of Poland. 

Sec. 1281. Report on strengthening NATO cyber defense. 

Sec. 1282. Report on status of the United States relationship with the Republic of 

Turkey. 


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Sec. 1283. Sense of the Congress concerning military-to-military dialogues. 

Sec. 1284. Modifications to Global Engagement Center. 

Sec. 1285. Sense of Congress on countering hybrid threats and malign influence. 

Sec. 1286. Initiative to support protection of national security academic researchers 

from undue influence and other security threats. 

Sec. 1287. Report on Honduras, Guatemala, and El Salvador. 

Sec. 1288. Modification of freedom of navigation reporting requirements. 

Sec. 1289. Coordination of efforts to negotiate free trade agreements with certain 

sub-Saharan African countries. 

Sec. 1290. Certifications regarding actions by Saudi Arabia and the United Arab 

Emirates in Yemen. 

Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army 

under Immigration and Nationality Act. 

Sec. 1292. Limitation on availability of funds to implement the Arms Trade Treaty. 

Sec. 1293. Prohibition on provision of weapons and other forms of support to certain organizations. 

Sec. 1294. Modified waiver authority for certain sanctionable transactions under 

section 231 of the Countering America’s Adversaries Through Sanctions 

Act. 

Sec. 1295. Rule of construction relating to the use of force. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Funding allocations. 

Sec. 1302. Specification of cooperative threat reduction funds. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Chemical agents and munitions destruction, defense. 

Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. 

Sec. 1404. Defense inspector general. 

Sec. 1405. Defense health program. 

Subtitle B—Armed Forces Retirement Home 

Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1412. Expansion of eligibility for residence at the Armed Forces Retirement 

Home. 

Sec. 1413. Oversight of health care provided to residents of the Armed Forces Retirement Home. 

Sec. 1414. Modification of authority on acceptance of gifts for the Armed Forces Retirement Home. 

Sec. 1415. Relief for residents of the Armed Forces Retirement Home impacted by 

increase in fees. 

Sec. 1416. Limitation on applicability of fee increase for residents of the Armed 

Forces Retirement Home. 

Subtitle C—Other Matters 

Sec. 1421. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1422. Economical and efficient operation of working capital fund activities. 

Sec. 1423. Consolidation of reporting requirements under the Strategic and Critical 

Materials Stock Piling Act. 

Sec. 1424. Quarterly briefing on progress of chemical demilitarization program. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Drug interdiction and counter-drug activities, defense-wide. 

Sec. 1508. Defense inspector general. 

Sec. 1509. Defense health program. 

Subtitle B—Financial Matters 

Sec. 1511. Treatment as additional authorizations. 


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Sec. 1512. Special transfer authority. 

Sec. 1513. Overseas contingency operations. 

Subtitle C—Other Matters 

Sec. 1521. Joint Improvised-Threat Defeat Organization. 

Sec. 1522. Enduring costs funded through overseas contingency operations. 

Sec. 1523. Comptroller General report on use of funds provided by overseas contingency operations. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Improvements to acquisition system, personnel, and organization of 

space forces. 

Sec. 1602. Modifications to Space Rapid Capabilities Office. 

Sec. 1603. Rapid, responsive, and reliable space launch. 

Sec. 1604. Provision of space situational awareness services and information. 

Sec. 1605. Budget assessments for national security space programs. 

Sec. 1606. Improvements to commercial space launch operations. 

Sec. 1607. Space warfighting policy, review of space capabilities, and plan on space 

warfighting readiness. 

Sec. 1608. Use of small- and medium-size buses for strategic and tactical satellite 

payloads. 

Sec. 1609. Enhancement of positioning, navigation, and timing capacity. 

Sec. 1610. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable 

GPS receiver cards. 

Sec. 1611. Designation of component of Department of Defense responsible for coordination of hosted payload information. 

Sec. 1612. Limitation on availability of funds for Joint Space Operations Center 

mission system. 

Sec. 1613. Evaluation and enhanced security of supply chain for protected satellite 

communications programs and overhead persistent infrared systems. 

Sec. 1614. Report on protected satellite communications. 

Sec. 1615. Report on enhancements to the Global Positioning System Operational 

Control Segment. 

Sec. 1616. Report on persistent weather imagery for United States Central Command. 

Sec. 1617. Study on space-based radio frequency mapping. 

Sec. 1618. Independent study on space launch locations. 

Sec. 1619. Briefing on commercial satellite servicing capabilities. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Role of Under Secretary of Defense for Intelligence. 

Sec. 1622. Security vetting for foreign nationals. 

Sec. 1623. Department of Defense Counterintelligence polygraph program. 

Sec. 1624. Defense intelligence business management systems. 

Sec. 1625. Modification to annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands. 

Sec. 1626. Framework on governance, mission management, resourcing, and effective oversight of combat support agencies that are also elements of the 

intelligence community. 

Subtitle C—Cyberspace-Related Matters 

Sec. 1631. Reorganization and consolidation of certain cyber provisions. 

Sec. 1632. Affirming the authority of the Secretary of Defense to conduct military 

activities and operations in cyberspace. 

Sec. 1633. Department of Defense Cyber Scholarship Program scholarships and 

grants. 

Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities of Department of Defense critical infrastructure. 

Sec. 1635. Modification of acquisition authority of the Commander of the United 

States Cyber Command. 

Sec. 1636. Policy of the United States on cyberspace, cybersecurity, cyber warfare, 

and cyber deterrence. 

Sec. 1637. Budget display for cyber vulnerability evaluations and mitigation activities for major weapon systems of the Department of Defense. 

Sec. 1638. Determination of responsibility for the Department of Defense Information Networks. 

Sec. 1639. Procedures and reporting requirement on cybersecurity breaches and 

loss of personally identifiable information and controlled unclassified information. 


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Sec. 1640. Program to establish cyber institutes at institutions of higher learning. 

Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program. 

Sec. 1642. Active defense against the Russian Federation, People’s Republic of 

China, Democratic People’s Republic of Korea, and Islamic Republic of 

Iran attacks in cyberspace. 

Sec. 1643. Designation of official for matters relating to integrating cybersecurity 

and industrial control systems within the Department of Defense. 

Sec. 1644. Assistance for small manufacturers in the defense industrial supply 

chain and universities on matters relating to cybersecurity. 

Sec. 1645. Email and Internet website security and authentication. 

Sec. 1646. Security product integration framework. 

Sec. 1647. Information security continuous monitoring and cybersecurity scorecard. 

Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber incident. 

Sec. 1649. Pilot program on modeling and simulation in support of military homeland defense operations in connection with cyber attacks on critical infrastructure. 

Sec. 1650. Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure. 

Sec. 1651. Pilot program on regional cybersecurity training center for the Army National Guard. 

Sec. 1652. Cyberspace Solarium Commission. 

Sec. 1653. Study and report on reserve component cyber civil support teams. 

Sec. 1654. Identification of countries of concern regarding cybersecurity. 

Sec. 1655. Mitigation of risks to national security posed by providers of information 

technology products and services who have obligations to foreign governments. 

Sec. 1656. Report on Cybersecurity Apprentice Program. 

Sec. 1657. Report on enhancement of software security for critical systems. 

Subtitle D—Nuclear Forces 

Sec. 1661. Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council. 

Sec. 1662. Long-range standoff weapon requirements. 

Sec. 1663. Acceleration of ground-based strategic deterrent program and long-range 

standoff weapon program. 

Sec. 1664. Procurement authority for certain parts of intercontinental ballistic missile fuzes. 

Sec. 1665. Prohibition on reduction of the intercontinental ballistic missiles of the 

United States. 

Sec. 1666. Extension of prohibition on availability of funds for mobile variant of 

ground-based strategic deterrent missile. 

Sec. 1667. Exchange program for nuclear weapons program employees. 

Sec. 1668. Plan to train officers in nuclear command, control, and communications. 

Sec. 1669. Independent study on options to increase Presidential decision-time regarding nuclear weapons employment. 

Sec. 1670. Extension of annual report on plan for the nuclear weapons stockpile, 

nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. 

Sec. 1671. Plan for alignment of acquisition of warhead life extension programs and 

delivery vehicles for such warheads. 

Sec. 1672. Annual report on development of long-range stand-off weapon. 

Sec. 1673. Sense of Congress on nuclear posture of the United States. 

Subtitle E—Missile Defense Programs 

Sec. 1675. Development of persistent space-based sensor architecture. 

Sec. 1676. Boost phase ballistic missile defense. 

Sec. 1677. Extension of requirement for reports on unfunded priorities of Missile 

Defense Agency. 

Sec. 1678. Extension of prohibition relating to missile defense information and systems. 

Sec. 1679. Modification of requirement relating to transition of ballistic missile defense programs to military departments. 

Sec. 1680. Modification of requirement to develop a space-based ballistic missile 

intercept layer. 

Sec. 1681. Improvements to acquisition processes of Missile Defense Agency. 

Sec. 1682. Layered defense of the United States homeland. 

Sec. 1683. Testing of redesigned kill vehicle prior to production and ground-based 

midcourse defense acceleration options. 

Sec. 1684. Requirements for ballistic missile defense capable ships. 

Sec. 1685. Multiyear procurement authority for standard missile–3 IB guided missiles. 


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Sec. 1686. Limitation on availability of funds for Army lower tier air and missile 

defense sensor. 

Sec. 1687. Missile defense radar in Hawaii. 

Sec. 1688. Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program co-development and co-production. 

Sec. 1689. Acceleration of hypersonic missile defense program. 

Sec. 1690. Report on ballistic missile defense. 

Sec. 1691. Sense of Congress on allied partnerships for missile defense. 

Sec. 1692. Sense of Congress on testing by Missile Defense Agency. 

Subtitle F—Other Matters 

Sec. 1695. Extension of Commission to Assess the Threat to the United States from 

Electromagnetic Pulse Attacks and Similar Events. 

Sec. 1696. Procurement of ammonium perchlorate and other chemicals for use in 

solid rocket motors. 

Sec. 1697. Budget exhibit on support provided to entities outside Department of 

Defense. 

Sec. 1698. Conventional prompt global strike hypersonic capabilities. 

Sec. 1699. Report regarding industrial base for large solid rocket motors. 

TITLE XVII—REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS 

Subtitle A—Committee on Foreign Investment in the United States 

Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act of 2018. 

Sec. 1702. Findings; sense of Congress. 

Sec. 1703. Definitions. 

Sec. 1704. Acceptance of written notices. 

Sec. 1705. Inclusion of partnership and side agreements in notice. 

Sec. 1706. Declarations for certain covered transactions. 

Sec. 1707. Stipulations regarding transactions. 

Sec. 1708. Authority for unilateral initiation of reviews. 

Sec. 1709. Timing for reviews and investigations. 

Sec. 1710. Identification of non-notified and non-declared transactions. 

Sec. 1711. Submission of certifications to Congress. 

Sec. 1712. Analysis by Director of National Intelligence. 

Sec. 1713. Information sharing. 

Sec. 1714. Action by the President. 

Sec. 1715. Judicial review. 

Sec. 1716. Considerations for regulations. 

Sec. 1717. Membership and staff of Committee. 

Sec. 1718. Actions by the Committee to address national security risks. 

Sec. 1719. Modification of annual report and other reporting requirements. 

Sec. 1720. Certification of notices and information. 

Sec. 1721. Implementation plans. 

Sec. 1722. Assessment of need for additional resources for Committee. 

Sec. 1723. Funding. 

Sec. 1724. Centralization of certain Committee functions. 

Sec. 1725. Conforming amendments. 

Sec. 1726. Briefing on information from transactions reviewed by Committee on 

Foreign Investment in the United States relating to foreign efforts to influence democratic institutions and processes. 

Sec. 1727. Effective date. 

Sec. 1728. Severability. 

Subtitle B—Export Control Reform 

Sec. 1741. Short title. 

Sec. 1742. Definitions. 

PART I—AUTHORITY AND ADMINISTRATION OF CONTROLS

Sec. 1751. Short title. 

Sec. 1752. Statement of policy. 

Sec. 1753. Authority of the President. 

Sec. 1754. Additional authorities. 

Sec. 1755. Administration of export controls. 

Sec. 1756. Licensing. 

Sec. 1757. Compliance assistance. 

Sec. 1758. Requirements to identify and control the export of emerging and 

foundational technologies. 

Sec. 1759. Review relating to countries subject to comprehensive United States 

arms embargo. 

Sec. 1760. Penalties. 


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Sec. 1761. Enforcement. 

Sec. 1762. Administrative procedure. 

Sec. 1763. Review of interagency dispute resolution process. 

Sec. 1764. Consultation with other agencies on commodity classification. 

Sec. 1765. Annual report to Congress. 

Sec. 1766. Repeal. 

Sec. 1767. Effect on other Acts. 

Sec. 1768. Transition provisions. 

PART II—ANTI-BOYCOTT ACT OF 2018 

Sec. 1771. Short title. 

Sec. 1772. Statement of policy. 

Sec. 1773. Foreign boycotts. 

Sec. 1774. Enforcement. 

PART III—ADMINISTRATIVE AUTHORITIES

Sec. 1781. Under Secretary of Commerce for Industry and Security. 

Subtitle C—Miscellaneous 

Sec. 1791. Extension of authority. 

Sec. 1792. Limitation on cancellation of designation of Secretary of the Air Force 

as Department of Defense Executive Agent for a certain Defense Production Act program. 

Sec. 1793. Review of and report on certain defense technologies critical to the 

United States maintaining superior military capabilities. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects. 

Sec. 2105. Extension of authorizations of certain fiscal year 2016 project. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain phased project authorized 

in fiscal years 2015, 2016, and 2017. 

Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project. 

Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project. 

Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects. 

Sec. 2309. Additional authority to carry out project at Travis Air Force Base, California, in fiscal year 2019. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized defense agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, defense agencies. 

Sec. 2404. Extension of authorizations of certain fiscal year 2015 projects. 

Sec. 2405. Authorization of certain fiscal year 2018 project. 

TITLE XXV—INTERNATIONAL PROGRAMS 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 


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Subtitle B—Host Country In-kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project. 

Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project. 

Sec. 2613. Additional authority to carry out certain fiscal year 2019 project. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Additional authority to realign or close certain military installations. 

Sec. 2703. Prohibition on conducting additional base realignment and closure 

(BRAC) round. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Sec. 2801. Modification of contract authority for acquisition, construction, or furnishing of test facilities and equipment. 

Sec. 2802. Commercial construction standards for facilities on leased property. 

Sec. 2803. Congressional oversight of projects carried out pursuant to laws other 

than Military Construction Authorization Acts. 

Sec. 2804. Small business set-aside for contracts for architectural and engineering 

services and construction design. 

Sec. 2805. Updates and modifications to Department of Defense Form 1391, Unified 

Facilities Criteria, and military installation master plans. 

Sec. 2806. Work in Process Curve charts and outlay tables for military construction 

projects. 

Sec. 2807. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United 

States. 

Sec. 2808. Authority to obtain architectural and engineering services and construction design for defense laboratory modernization program. 

Sec. 2809. Repeal of limitation on certain Guam project. 

Sec. 2810. Enhancing force protection and safety on military installations. 

Sec. 2811. Limitation on use of funds for acquisition of furnished energy for new 

medical center in Germany. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Force structure plans and infrastructure capabilities necessary to support the force structure. 

Sec. 2822. Exemption of Department of Defense off-site use and off-site removal 

only non-mobile properties from certain excess property disposal requirements. 

Sec. 2823. Retrofitting existing windows in military family housing units to be 

equipped with fall prevention devices. 

Sec. 2824. Updating prohibition on use of certain assessment of public schools on 

Department of Defense installations to supersede funding of certain 

projects. 

Sec. 2825. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services. 

Sec. 2826. Representation of installation interests in negotiations and proceedings 

with carriers and other public utilities. 

Sec. 2827. Clarification to include National Guard installations in Readiness and 

Environmental Protection Integration program. 

Subtitle C—Land Conveyances 

Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona. 


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Sec. 2842. Authority for transfer of administrative jurisdiction over certain lands, 

Marine Corps Air Ground Combat Center Twentynine Palms, California, 

and Marine Corps Air Station Yuma, Arizona. 

Sec. 2843. Environmental restoration and future conveyance of portion of former 

Mare Island Firing Range, Vallejo, California. 

Sec. 2844. Release of restrictions, University of California, San Diego. 

Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard, District 

of Columbia. 

Sec. 2846. Land conveyance, Eglin Air Force Base, Florida. 

Sec. 2847. Public inventory of Guam land parcels for transfer to Government of 

Guam. 

Sec. 2848. Modification of conditions on land conveyance, Joliet Army Ammunition 

Plant, Illinois. 

Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland. 

Sec. 2850. Technical correction of description of Limestone Hills Training Area 

Land Withdrawal and Reservation, Montana. 

Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah. 

Sec. 2852. Commemoration of Freedman’s Village. 

Subtitle D—Other Matters 

Sec. 2861. Defense community infrastructure pilot program. 

Sec. 2862. Strategic plan to improve capabilities of Department of Defense training 

ranges and installations. 

Sec. 2863. Restrictions on use of funds for development of public infrastructure in 

Commonwealth of Northern Mariana Islands. 

Sec. 2864. Study and report on inclusion of Coleman Bridge, York River, Virginia, 

in Strategic Highway Network. 

Sec. 2865. Defense access roads relating to closures due to sea level fluctuation and 

flooding. 

Sec. 2866. Authority to transfer funds for construction of Indian River Bridge. 

Sec. 2867. Plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery, Naval Air Station Pensacola. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Navy construction and land acquisition projects. 

Sec. 2903. Authorized Air Force construction and land acquisition projects. 

Sec. 2904. Authorized defense agencies construction and land acquisition projects. 

Sec. 2905. Authorization of appropriations. 

Sec. 2906. Restrictions on use of funds for planning and design costs of European 

Deterrence Initiative projects. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs and Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Development of low-yield nuclear weapons. 

Sec. 3112. Department of Energy counterintelligence polygraph program. 

Sec. 3113. Inclusion of capital assets acquisition projects in activities by Director 

for Cost Estimating and Program Evaluation. 

Sec. 3114. Modification of authority for acceptance of contributions for acceleration 

of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. 

Sec. 3115. Notification regarding air release of radioactive or hazardous material at 

Hanford Nuclear Reservation. 

Sec. 3116. Amendments to the Atomic Energy Act of 1954. 

Sec. 3117. Extension of enhanced procurement authority to manage supply chain 

risk. 

Sec. 3118. Hanford waste tank cleanup program. 

Sec. 3119. Use of funds for construction and project support activities relating to 

MOX facility. 

Sec. 3120. Plutonium pit production. 


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Sec. 3121. Pilot program on conduct by Department of Energy of background reviews for access by certain individuals to national security laboratories. 

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. 

Sec. 3123. Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium. 

Sec. 3124. Limitation on availability of funds relating to submission of annual reports on unfunded priorities. 

Subtitle C—Plans and Reports 

Sec. 3131. Modifications to cost-benefit analyses for competition of management 

and operating contracts. 

Sec. 3132. Nuclear forensics analyses. 

Sec. 3133. Review of defense environmental cleanup activities. 

Sec. 3134. Whistleblower protections. 

Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear Security 

Administration. 

Sec. 3136. Survey of workforce of national security laboratories and nuclear weapons production facilities. 

Sec. 3137. Elimination of certain reports. 

Subtitle D—Other Matters 

Sec. 3141. Acceleration of replacement of cesium blood irradiation sources. 

Sec. 3142. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME MATTERS 

Subtitle A—Maritime Administration 

Sec. 3501. Authorization of the Maritime Administration. 

Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS lifeboats and 

fire suppression requirements. 

Sec. 3503. Maritime Administration National Security Multi-Mission Vessel Program. 

Sec. 3504. Permanent authority of Secretary of Transportation to issue vessel war 

risk insurance. 

Sec. 3505. Use of State maritime academy training vessels. 

Sec. 3506. Concurrent jurisdiction. 

Sec. 3507. United States Merchant Marine Academy policy on sexual harassment, 

dating violence, domestic violence, sexual assault, and stalking. 

Sec. 3508. Report on implementation of recommendations for the United States 

Merchant Marine Academy Sexual Assault Prevention and Response 

Program. 

Sec. 3509. Report on the application of the Uniform Code of Military Justice to the 

United States Merchant Marine Academy. 

Sec. 3510. Electronic records on mariner availability to meet national security 

needs. 

Sec. 3511. Small shipyard grants. 

Sec. 3512. Sea year on contracted vessels. 

Sec. 3513. GAO report on national maritime strategy. 

Sec. 3514. Multi-year contracts. 

Sec. 3515. Miscellaneous. 

Sec. 3516. Department of Transportation Inspector General report on Title XI program. 

Subtitle B—Coast Guard 

Sec. 3521. Alignment with Department of Defense and sea services authorities. 

Sec. 3522. Preliminary development and demonstration. 

Sec. 3523. Contract termination. 

Sec. 3524. Reimbursement for travel expenses. 

Sec. 3525. Capital investment plan. 

Sec. 3526. Major acquisition program risk assessment. 

Sec. 3527. Marine safety implementation status. 

Sec. 3528. Retirement of Vice Commandant. 

Sec. 3529. Large recreational vessel regulations. 


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Subtitle C—Coast Guard and Shipping Technical Corrections 

CHAPTER 1—COAST GUARD

Sec. 3531. Commandant defined. 

Sec. 3532. Training course on workings of Congress. 

Sec. 3533. Miscellaneous. 

Sec. 3534. Department of Defense consultation. 

Sec. 3535. Repeal. 

Sec. 3536. Mission need statement. 

Sec. 3537. Continuation on active duty. 

Sec. 3538. System acquisition authorization. 

Sec. 3539. Inventory of real property. 

CHAPTER 2—MARITIME TRANSPORTATION

Sec. 3541. Definitions. 

Sec. 3542. Authority to exempt vessels. 

Sec. 3543. Passenger vessels. 

Sec. 3544. Tank vessels. 

Sec. 3545. Grounds for denial or revocation. 

Sec. 3546. Miscellaneous corrections to title 46, U.S.C. 

Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990. 

Sec. 3548. Miscellaneous corrections. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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. 

SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 

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 

10 USC 101 note. 


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submitted prior to the vote on passage in the House acting first 

on the conference report or amendment between the Houses. 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization Of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. National Guard and reserve component equipment report. 

Sec. 112. Deployment by the Army of an interim cruise missile defense capability. 

Subtitle C—Navy Programs 

Sec. 121. Procurement authority for Ford class aircraft carrier program. 

Sec. 122. Full ship shock trial for Ford class aircraft carrier. 

Sec. 123. Sense of Congress on accelerated production of aircraft carriers. 

Sec. 124. Multiyear procurement authority for standard missile–6. 

Sec. 125. Multiyear procurement authority for E–2D aircraft. 

Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft. 

Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes. 

Sec. 128. Frigate class ship program. 

Sec. 129. Contract requirement for Virginia class submarine program. 

Sec. 130. Prohibition on availability of funds for Navy port waterborne security barriers. 

Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for 

certain vessels. 

Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle program. 

Sec. 133. Report on degaussing standards for DDG–51 destroyers. 

Subtitle D—Air Force Programs 

Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on retirement of KC–10A aircraft. 

Sec. 142. Multiyear procurement authority for C–130J aircraft program. 

Sec. 143. Contract for logistics support for VC–25B aircraft. 

Sec. 144. Retirement date for VC–25A aircraft. 

Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization 

Program. 

Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of certification. 

Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft. 

Sec. 148. Report on modernization of B–52H aircraft systems. 

Subtitle E—Defense-wide, Joint, and Multiservice Matters 

Sec. 151. Procurement authority for additional icebreaker vessels. 

Sec. 152. Buy-to-budget acquisition of F–35 aircraft. 

Sec. 153. Certification on inclusion of technology to minimize physiological episodes 

in certain aircraft. 

Sec. 154. Armored commercial passenger-carrying vehicles. 

Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program. 

Subtitle A—Authorization Of 

Appropriations 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 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. 


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132 STAT. 1660 PUBLIC LAW 115–232—AUG. 13, 2018 

Subtitle B—Army Programs 

SEC. 111. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT 

REPORT. 

(a) IN GENERAL.—Section 10541(b) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(10) A joint assessment by the Chief of Staff of the Army 

and the Chief of the National Guard Bureau on the efforts 

of the Army to achieve parity among the active component, 

the Army Reserve, and the Army National Guard with respect 

to equipment and capabilities. Each assessment shall include 

a comparison of the inventory of high priority items of equipment available to each component of the Army described in 

preceding sentence, including— 

‘‘(A) AH–64 Attack Helicopters; 

‘‘(B) UH–60 Black Hawk Utility Helicopters; 

‘‘(C) Abrams Main Battle Tanks; 

‘‘(D) Bradley Infantry Fighting Vehicles; 

‘‘(E) Stryker Combat Vehicles; and 

‘‘(F) any other items of equipment identified as high 

priority by the Chief of Staff of the Army or the Chief 

of the National Guard Bureau.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to reports required to be submitted under 

section 10541 of title 10, United States Code, after the date of 

the enactment of this Act. 

SEC. 112. DEPLOYMENT BY THE ARMY OF AN INTERIM CRUISE MISSILE 

DEFENSE CAPABILITY. 

(a) CERTIFICATION REQUIRED.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall certify to the congressional defense committees whether there 

is a need for the Army to deploy an interim missile defense capability. 

(b) DEPLOYMENT.— 

(1) IN GENERAL.—If the Secretary of Defense certifies that 

there is a need for the Army to deploy an interim missile 

defense capability under subsection (a), the Secretary of the 

Army shall deploy the capability as follows: 

(A) Two batteries of the capability shall be deployed 

by not later than September 30, 2020. 

(B) Two additional batteries of the capability shall 

be deployed by not later than September 30, 2023. 

(2) ACHIEVEMENT OF DEPLOYMENT DEADLINES.—In order 

to meet the deadlines for deployment specified in paragraph 

(1) the Secretary of the Army may— 

(A) deploy systems that require the least amount of 

development; 

(B) procure non-developmental air and missile defense 

systems currently in production to ensure rapid delivery 

of capability; 

(C) use existing systems, components, and capabilities 

already in the Joint Force inventory, including rockets 

and missiles as available; 

(D) use operational information technology for communication, detection, and fire control that is certified to work 

10 USC 10541 

note. 


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with existing joint information technology systems to 

ensure interoperability; 

(E) engage and collaborate with officials, organizations, 

and activities of the Department of Defense with responsibilities relating to science and technology, engineering, 

testing, and acquisition, including the Defense Innovation 

United Experimental, the Director of Operational Test and 

Evaluation, the Defense Digital Service, the Strategic 

Capabilities Office, and the Rapid Capabilities offices, to 

accelerate the development, testing, and deployment of 

existing systems; 

(F) use institutional and operational basing to facilitate 

rapid training and fielding; 

(G) consider a range of direct energy weapon systems 

to compete for the 2023 deployment specified in paragraph 

(1)(B); and 

(H) carry out such other activities as the Secretary 

determines to be appropriate. 

(3) AUTHORITIES.—In carrying out paragraphs (1) and (2), 

Secretary of the Army may use any authority of the Secretary 

relating to acquisition, technology transfer, and personnel 

management that the Secretary considers appropriate, 

including rapid acquisition and rapid prototyping authorities, 

to resource and procure an interim missile defense capability. 

(4) WAIVER.—The Secretary of the Army may waive the 

deadlines for deployment specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadlines. 

(c) IN GENERAL.—If the Secretary of the Army will deploy 

an interim missile defense capability pursuant to subsection (b), 

then, by not later than March 1, 2019, the Secretary, in consultation 

with the Chief of Staff of the Army, shall provide to the Committees 

on Armed Services of the Senate and the House of Representatives 

a briefing that includes— 

(1) recommendations identifying any interim missile 

defense capabilities to be deployed and a proposed rapid acquisition schedule for such capabilities; 

(2) a plan to rapidly resource any identified shortfalls for 

any such capability selected for deployment; and 

(3) a schedule and timeline for the fielding and deployment 

of any such capability. 

(d) INTERIM MISSILE DEFENSE CAPABILITY DEFINED.—In this 

section, the term ‘‘interim missile defense capability’’ means a fixedsite, cruise missile defense capability that may be deployed before 

the Indirect Fire Protection Capability of the Army becomes fully 

operational. 

Subtitle C—Navy Programs 

SEC. 121. PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT 

CARRIER PROGRAM. 

(a) CONTRACT AUTHORITY.— 

(1) PROCUREMENT AUTHORIZED.—The Secretary of the Navy 

may enter into one or more contracts, beginning with the fiscal 

year 2019 program year, for the procurement of one Ford class 

aircraft carrier to be designated CVN–81. 


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132 STAT. 1662 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) PROCUREMENT IN CONJUNCTION WITH CVN–80.—The aircraft carrier authorized to be procured under paragraph (1) 

may be procured as an addition to the contract covering the 

Ford class aircraft carrier designated CVN–80 that is authorized to be constructed under section 121 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2104). 

(b) CERTIFICATION REQUIRED.—A contract may not be entered 

into under subsection (a) unless the Secretary of Defense certifies 

to the congressional defense committees, in writing, not later than 

30 days before entry into the contract, each of the following, which 

shall be prepared by the milestone decision authority for the Ford 

class aircraft carrier program: 

(1) The use of such a contract will result in significant 

savings compared to the total anticipated costs of carrying 

out the program through annual contracts. In certifying cost 

savings under the preceding sentence, the Secretary shall 

include a written explanation of— 

(A) the estimated obligations and expenditures by fiscal 

year for CVN–80 and CVN–81, by hull, without the 

authority provided in subsection (a); 

(B) the estimated obligations and expenditures by fiscal 

year for CVN–80 and CVN–81, by hull, with the authority 

provided in subsection (a); 

(C) the estimated cost savings or increase by fiscal 

year for CVN–80 and CVN–81, by hull, with the authority 

provided in subsection (a); 

(D) the discrete actions that will accomplish such cost 

savings or avoidance; and 

(E) the contractual actions that will ensure the estimated cost savings are realized. 

(2) There is a reasonable expectation that throughout the 

contemplated contract period the Secretary of Defense will 

request funding for the contract at the level required to avoid 

contract cancellation. 

(3) There is a stable design for the property to be acquired 

and that the technical risks associated with such property 

are not excessive. 

(4) The estimates of both the cost of the contract and 

the anticipated cost avoidance through the use of a contract 

authorized under subsection (a) are realistic. 

(5) The use of such a contract will promote the national 

security of the United States. 

(6) 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 (as defined under section 221 of title 10, United States 

Code) for such fiscal year will include the funding required 

to execute the program without cancellation. 

(7) The contract will be a fixed price type contract. 

(c) USE OF INCREMENTAL FUNDING.—With respect to a contract 

entered into under subsection (a), the Secretary of the Navy may 

use incremental funding to make payments under the contract. 

No such payments may be obligated after the date that is 11 

months after the date on which the fitting out of the aircraft 

carrier associated with the contract is completed. 


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(d) LIABILITY.—A contract entered into under subsection (a) 

shall provide that the total liability to the Government for termination of the contract entered into shall be limited to the total 

amount of funding obligated at the time of termination. 

(e) 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 is subject to the availability of appropriations for 

that purpose for such fiscal year. 

(f) MILESTONE DECISION AUTHORITY DEFINED.—In this section, 

the term ‘‘milestone decision authority’’ has the meaning given 

that term in section 2366a(d) of title 10, United States Code. 

SEC. 122. FULL SHIP SHOCK TRIAL FOR FORD CLASS AIRCRAFT CARRIER. 

The Secretary of the Navy shall ensure that full ship shock 

trials results are incorporated into the construction of the Ford 

class aircraft carrier designated CVN–81. 

SEC. 123. SENSE OF CONGRESS ON ACCELERATED PRODUCTION OF 

AIRCRAFT CARRIERS. 

It is the sense of Congress that the United States should 

accelerate the production of aircraft carriers to rapidly achieve 

the Navy’s goal of having 12 operational aircraft carriers. 

SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR STANDARD 

MISSILE–6. 

(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 625 standard missile–6 missiles at a rate of not more than 

125 missiles per year during the covered period. 

(b) AUTHORITY FOR ADVANCE PROCUREMENT AND ECONOMIC

ORDER QUANTITY.—The Secretary may enter into one or more contracts for advance procurement associated with the missiles 

(including economic order quantity) for which authorization to enter 

into a multiyear procurement contract is provided under subsection 

(a). 

(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 later fiscal 

year. 

(d) COVERED PERIOD DEFINED.—In this section, the term ‘‘covered period’’ means the 5-year period beginning with the fiscal 

year 2019 program year and ending with the fiscal year 2023 

program year. 

SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR E–2D AIRCRAFT. 

(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 24 E–2D aircraft. 


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132 STAT. 1664 PUBLIC LAW 115–232—AUG. 13, 2018 

(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 2019 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E/F AIRCRAFT AND EA–18G AIRCRAFT. 

(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 

the following: 

(1) F/A–18E/F aircraft. 

(2) EA–18G aircraft. 

(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 2019 is subject to the availability 

of appropriations or funds for that purpose for such later fiscal 

year. 

(c) AUTHORITY FOR ADVANCE PROCUREMENT AND ECONOMIC

ORDER QUANTITY.—The Secretary of the Navy may enter into one 

or more contracts, beginning in fiscal year 2019, for advance 

procurement associated with the aircraft for which authorization 

to enter into a multiyear procurement contract is provided under 

subsection (a), which may include one or more contracts for the 

procurement of economic order quantities of material and equipment 

for such aircraft. 

SEC. 127. MODIFICATIONS TO F/A–18 AIRCRAFT TO MITIGATE PHYSIOLOGICAL EPISODES. 

(a) MODIFICATIONS REQUIRED.—The Secretary of the Navy shall 

modify the F/A–18 aircraft to reduce the occurrence of, and mitigate 

the risk posed by, physiological episodes affecting crewmembers 

of the aircraft. The modifications shall include, at minimum— 

(1) replacement of the F/A–18 cockpit altimeter; 

(2) upgrade of the F/A–18 onboard oxygen generation 

system; 

(3) redesign of the F/A–18 aircraft life support systems 

required to meet onboard oxygen generation system input specifications; and 

(4) installation of equipment associated with improved F/ 

A–18 physiological monitoring and alert systems. 

(b) REPORT REQUIRED.—Not later than February 1, 2019, and 

annually thereafter through February 1, 2021, the Secretary of 

the Navy shall submit to the congressional defense committees 

a written update on the status of all modifications to the F/A– 

18 aircraft carried out by the Secretary pursuant to subsection 

(a). 

(c) WAIVER.—The Secretary of the Navy may waive the requirement to make a modification under subsection (a) if the Secretary 

certifies to the congressional defense committees that the specific 

modification is inadvisable and provides a detailed justification 

for excluding the modification from the Navy’s planned upgrades 

for the F/A–18 aircraft. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1665 

SEC. 128. FRIGATE CLASS SHIP PROGRAM. 

(a) IN GENERAL.—As part of the solicitation for proposals for 

the procurement of any frigate class ship in any of fiscal years 

2019, 2020, or 2021, the Secretary of the Navy shall require that 

offerors submit proposals under which the offeror agrees to convey 

technical data to the Federal Government in the event the offeror 

is awarded the frigate construction contract associated with the 

proposal. 

(b) TECHNICAL DATA DEFINED.—In this section, the term ‘‘technical data’’ means a compilation of detailed engineering plans and 

specifications for the construction of a frigate class ship. 

SEC. 129. CONTRACT REQUIREMENT FOR VIRGINIA CLASS SUBMARINE 

PROGRAM. 

Section 124 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91) is amended— 

(1) by redesignating subsection (d) through (f) as subsections (e) through (g), respectively; and 

(2) by inserting after subsection (c), the following: 

‘‘(d) CONTRACT REQUIREMENT.— 

‘‘(1) IN GENERAL.—The Secretary of the Navy shall ensure 

that a contract entered into under subsection (a) includes an 

option to procure a Virginia class submarine in each of fiscal 

years 2022 and 2023. 

‘‘(2) OPTION DEFINED.—In this subsection, the term ‘option’ 

has the meaning given that term in part 2.101 of the Federal 

Acquisition Regulation.’’. 

SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT 

WATERBORNE SECURITY BARRIERS. 

(a) PROHIBITION.—Except as provided in subsections (b) and 

(c), none of the funds authorized to be appropriated by this Act 

or otherwise made available for the Department of Defense for 

fiscal year 2019 may be obligated or expended to procure legacy 

waterborne security barriers for Navy ports. 

(b) WAIVER.—The Secretary of the Navy may waive the prohibition in subsection (a) not less than 30 days after submitting to 

the congressional defense committees— 

(1) a Navy requirements document that specifies key 

performance parameters and key system attributes for new 

waterborne security barriers for Navy ports; 

(2) a certification that the level of capability specified under 

paragraph (1) will meet or exceed that of legacy waterborne 

security barriers for Navy ports; 

(3) the acquisition strategy for the recapitalization of legacy 

waterborne security barriers for Navy ports, which shall meet 

or exceed the requirements specified under paragraph (1); and 

(4) a certification that any contract for new waterborne 

security barriers for a Navy port will be awarded in accordance 

with the requirements for full and open competition set forth 

in section 2304 of title 10, United States Code. 

(c) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any of the following activities: 

(1) The sustainment, refurbishment, and replacement of 

portions of existing waterborne security barriers at Navy ports 

due to normal wear and tear. 

131 Stat. 1311. 


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132 STAT. 1666 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) The procurement of new waterborne security barriers 

for Navy ports due to exigent circumstances. 

SEC. 131. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CONTRACTS FOR CERTAIN VESSELS. 

Section 124 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328), as amended by section 127 of 

the National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91), is further amended by striking ‘‘or fiscal year 2018’’ 

and inserting ‘‘, fiscal year 2018, or fiscal year 2019’’. 

SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR M27 INFANTRY 

AUTOMATIC RIFLE PROGRAM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2019 for 

the M27 Infantry Automatic Rifle program of the Marine Corps, 

not more than 80 percent may be obligated or expended until 

the date on which the Commandant of the Marine Corps submits 

to the Committees on Armed Services of the Senate and the House 

of Representatives the assessment described in subsection (b). 

(b) ASSESSMENT.—The assessment described in this subsection 

is a written summary of the views of the Marine Corps with 

respect to the Small Arms Ammunition Configuration Study of 

the Army, including— 

(1) an explanation of how the study informs the future 

small arms modernization requirements of the Marine Corps; 

and 

(2) near-term and long-term modernization strategies for 

the small arms weapon systems of the Marine Corps, including 

associated funding and schedule profiles. 

SEC. 133. REPORT ON DEGAUSSING STANDARDS FOR DDG–51 

DESTROYERS. 

(a) REPORT REQUIRED.—Not later than February 1, 2019, the 

Secretary of the Navy shall submit to the congressional defense 

committees a report on degaussing standards for the DDG–51 

destroyer. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include— 

(1) a detailed description of the current degaussing standards for the DDG–51 destroyer; 

(2) a plan for incorporating such standards into the 

destroyer construction program; and 

(3) an assessment of the requirement to backfit such standards to in-service destroyers. 

Subtitle D—Air Force Programs 

SEC. 141. INVENTORY REQUIREMENT FOR AIR REFUELING TANKER 

AIRCRAFT; LIMITATION ON RETIREMENT OF KC–10A AIRCRAFT. 

(a) INVENTORY REQUIREMENT.—Section 8062 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(j)(1) Except as provided in paragraph (2), effective October 

1, 2019, the Secretary of the Air Force shall maintain a total 

131 Stat. 1313. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1667 

aircraft inventory of air refueling tanker aircraft of not less than 

479 aircraft. 

‘‘(2) The Secretary of the Air Force may reduce the number 

of air refueling tanker aircraft in the total aircraft inventory of 

the Air Force below 479 only if— 

‘‘(A) the Secretary certifies to the congressional defense 

committees that such reduction is justified by the results of 

the mobility capability and requirements study conducted under 

section 144(b) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91); and 

‘‘(B) a period of 30 days has elapsed following the date 

on which the certification is made to the congressional defense 

committees under subparagraph (A). 

‘‘(3) In this subsection: 

‘‘(A) The term ‘air refueling tanker aircraft’ means an aircraft that has as its primary mission the refueling of other 

aircraft. 

‘‘(B) The term ‘total aircraft inventory’ means aircraft 

authorized to a flying unit for operations or training.’’. 

(b) LIMITATION ON RETIREMENT OF KC–10A.— 

(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for any fiscal 

year for the Air Force may be obligated or expended to retire, 

or to prepare to retire, any KC–10A aircraft until the date 

that is 30 days after the date on which the Secretary of the 

Air Force certifies to the congressional defense committees that 

Secretary has met the minimum inventory requirement under 

section 8062(j) of title 10, United States Code, as added by 

subsection (a) of this section. 

(2) EXCEPTION FOR CERTAIN AIRCRAFT.—The requirement 

of paragraph (1) does not apply to individual KC–10A aircraft 

that the Secretary of the Air Force determines, on a caseby-case basis, to be non-operational because of mishaps, other 

damage, or being uneconomical to repair. 

SEC. 142. MULTIYEAR PROCUREMENT AUTHORITY FOR C–130J AIRCRAFT PROGRAM. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Air Force may enter into one or more multiyear contracts, beginning 

with the fiscal year 2019 program year, for the procurement of— 

(1) C–130J aircraft for the Air Force; and 

(2) C–130J aircraft for the Navy and the Marine Corps 

pursuant to the agreement described in subsection (b). 

(b) AGREEMENT DESCRIBED.—The agreement described in this 

subsection is the agreement between the Secretary of the Navy 

and the Secretary of the Air Force under which the Secretary 

of the Air Force acts as the executive agent for the Department 

of the Navy for purposes of procuring C–130J aircraft for such 

Department. 

(c) AUTHORITY FOR ADVANCE PROCUREMENT AND ECONOMIC

ORDER QUANTITY.—The Secretary of the Air Force may enter into 

one or more contracts for advance procurement associated with 

the C–130J aircraft, including economic order quantity, for which 

authorization to enter into a multiyear procurement contract is 

provided under subsection (a). 


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132 STAT. 1668 PUBLIC LAW 115–232—AUG. 13, 2018 

(d) 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 for that purpose for such later fiscal year. 

(e) TREATMENT OF FISCAL YEAR 2018 AIRCRAFT.—The multiyear 

contract authority under subsection (a) includes C–130J aircraft 

for which funds were appropriated for fiscal year 2018. 

SEC. 143. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B AIRCRAFT. 

The Secretary of the Air Force shall— 

(1) ensure that the total period of any contract awarded 

for logistics support for the VC–25B aircraft does not exceed 

five years, as required under part 17.204(e) of the Federal 

Acquisition Regulation, unless otherwise approved in accordance with established procedures; and 

(2) comply with section 2304 of title 10, United States 

Code, regarding full and open competition through the use 

of competitive procedures for the award of any logistics support 

contract following the initial five-year contract period. 

SEC. 144. RETIREMENT DATE FOR VC–25A AIRCRAFT. 

(a) IN GENERAL.—For purposes of the application of section 

2244a of title 10, United States Code, the retirement date of the 

covered aircraft is deemed to be not later than December 31, 2025. 

(b) COVERED AIRCRAFT DEFINED.—In this section, the term 

‘‘covered aircraft’’ means the two VC–25A aircraft of the Air Force 

that are in service as of the date of the enactment of this Act. 

SEC. 145. REPEAL OF FUNDING RESTRICTION FOR EC–130H COMPASS 

CALL RECAPITALIZATION PROGRAM. 

Section 131 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 130 Stat. 2037) is repealed. 

SEC. 146. LIMITATION ON USE OF FUNDS FOR KC–46A AIRCRAFT 

PENDING SUBMITTAL OF CERTIFICATION. 

(a) CERTIFICATION REQUIRED.—The Secretary of the Air Force 

shall submit to the congressional defense committees certification 

that, as of the date of the certification— 

(1) the supplemental type certification and the military 

type certification for the KC–46A aircraft have been approved; 

and 

(2) the Air Force has accepted the delivery of the first 

KC–46A aircraft. 

(b) LIMITATION ON USE OF FUNDS.— 

(1) LIMITATION.—Notwithstanding any other provision of 

this Act, none of the funds authorized to be appropriated or 

otherwise made available by this Act for fiscal year 2019 for 

Aircraft Procurement, Air Force, may be obligated or expended 

to procure the covered aircraft until the Secretary of the Air 

Force submits the certification required under subsection (a). 

(2) COVERED AIRCRAFT DEFINED.—In this subsection, the 

term ‘‘covered aircraft’’ means three of the KC–46A aircraft 

authorized to be procured by this Act. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1669 

SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 

OF E–8 JSTARS AIRCRAFT. 

(a) LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT.— Except as provided in subsection (b), none of the funds authorized 

to be appropriated by this Act or otherwise made available for 

fiscal year 2019 or any subsequent fiscal year for the Air Force 

may be obligated or expended to retire, or prepare to retire, any 

E–8 Joint Surveillance Target Attack Radar System aircraft until 

the date on which the Secretary of the Defense certifies to the 

congressional defense committees that Increment 2 of the Advanced 

Battle-Management System of the Air Force has declared initial 

operational capability as defined in the Capability Development 

Document for the System. 

(b) EXCEPTION.—The limitation in subsection (a) shall not apply 

to individual E–8C Joint Surveillance Target Attack Radar System 

aircraft that the Secretary of the Air Force determines, on a caseby-case basis, to be no longer mission capable because of mishaps, 

other damage, or being uneconomical to repair. 

(c) CERTIFICATION REQUIRED.—Not later than March 1, 2019, 

the Secretary of Defense, on a nondelegable basis, shall certify 

to the congressional defense committees that— 

(1) the Secretary of the Air Force is taking all reasonable 

steps to ensure the legacy E–8C Joint Surveillance Target 

Radar System aircraft that the Air Force continues to operate 

meet all safety requirements; 

(2) the Secretary of the Air Force has developed and implemented a funding strategy to increase the operational and 

maintenance availability of the legacy E–8C Joint Surveillance 

Target Radar System aircraft that the Air Force continues 

to operate; 

(3) the Advanced Battle-Management System Increment 

1, 2, and 3 acquisition and fielding strategy is executable and 

that sufficient funds will be available to achieve all elements 

of the System as described in the Capability Development Document for the System; and 

(4) in coordination with each separate geographic combatant commander, that the Secretary of the Air Force is implementing defined and measurable actions to meet the operational 

planning and steady-state force presentation requirements for 

Ground-Moving Target Indicator intelligence and BattleManagement, Command and Control towards a moderate level 

of risk until Increment 2 of the Advanced Battle-Management 

System declares initial operational capability. 

(d) GAO REPORT AND BRIEFING.— 

(1) REPORT REQUIRED.—Not later than March 1, 2020, the 

Comptroller General of the United States shall submit to the 

congressional defense committees a report on Increment I, 

Increment 2, and Increment 3 of the 21st Century Advanced 

Battle Management System of Systems capability of the Air 

Force. The report shall include a review of— 

(A) the technologies that compose the capability and 

the level of maturation of such technologies; 

(B) the resources budgeted for the capability; 

(C) the fielding plan for the capability; 

(D) any risk assessments associated with the capability; and 

(E) the overall acquisition strategy for the capability. 


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132 STAT. 1670 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) INTERIM BRIEFING.—Not later than March 1, 2019, the 

Comptroller General of the United States shall provide to the 

Committees on Armed Services of the House of Representatives 

and the Senate a briefing on the topics to be covered by the 

report under paragraph (1), including any preliminary data 

and any issues or concerns of the Comptroller General relating 

to the report. 

(e) AIR FORCE REPORT.—Not later than February 5, 2019, the 

Secretary of the Air Force shall submit to the congressional defense 

committees a report on the legacy fleet of E–8C Joint Surveillance 

Target Attack Radar System aircraft that includes— 

(1) the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will 

be used to maintain the legacy fleet of such aircraft until 

the planned retirement of the aircraft; and 

(2) a plan that will provide combatant commanders with 

an increased level of E–8C force support. 

(f) E–8C FORCE PRESENTATION REQUIREMENT.— 

(1) IN GENERAL.—Beginning not later than October 1, 2020, 

and until the retirement of the E–8C aircraft fleet, the Secretary of the Air Force shall provide not fewer than 6 dedicated 

E–8C aircraft each fiscal year for allocation to the geographical 

combatant commanders through the Intelligence, Surveillance, 

and Reconnaissance Global Force Management Allocation 

Process. 

(2) EXCEPTION.—If the Secretary of the Air Force is unable 

to meet the requirements of paragraph (1), the Secretary of 

Defense, on a nondelegable basis, may waive the requirements 

for a fiscal year and shall provide to the congressional defense 

committees a notice of waiver issuance and justification. 

(g) AIR FORCE BRIEFING REQUIREMENT.—Beginning not later 

than October 1, 2018, and on a quarterly basis thereafter, the 

Secretary of the Air Force shall provide to the congressional defense 

committees a program update briefing on the Advanced BattleManagement System of the Air Force, and all associated technologies. 

SEC. 148. REPORT ON MODERNIZATION OF B–52H AIRCRAFT SYSTEMS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

submit to the congressional defense committees a report on the 

long term modernization of the B–52H aircraft. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include— 

(1) an estimated timeline for the modernization of the 

B–52H aircraft; and 

(2) modernization requirements with respect to the 

integrated systems of the aircraft, including— 

(A) electronic warfare and defensive systems; 

(B) communications, including secure jam resistant 

capability; 

(C) radar replacement; 

(D) engine replacement; 

(E) future weapons and targeting capability; and 

(F) mission planning systems. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1671 

Subtitle E—Defense-wide, Joint, and 

Multiservice Matters 

SEC. 151. PROCUREMENT AUTHORITY FOR ADDITIONAL ICEBREAKER 

VESSELS. 

(a) PROCUREMENT AUTHORITY.— (1) IN GENERAL.—In addition to the icebreaker vessel 

authorized to be procured under section 122(a) of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 

115–91), the Secretary of the department in which the Coast 

Guard is operating may enter into one or more contracts for 

the procurement of up to five additional polar-class icebreaker 

vessels. 

(2) 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 2019 is subject to 

the availability of appropriations or funds for that purpose 

for such later fiscal year. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Coast Guard should maintain an inventory of not fewer than 

six polar-class icebreaker vessels beginning not later than fiscal 

year 2029 and, to achieve such inventory, should— 

(1) award a contract for the first new polar-class icebreaker 

not later than fiscal year 2019; 

(2) deliver the first new polar-class icebreaker not later 

than fiscal year 2023; 

(3) start construction on the second through sixth new 

polar-class icebreakers at a rate of one vessel per year in 

fiscal years 2022 through 2026; and 

(4) accept delivery of the second through sixth new polarclass icebreakers at a rate of one vessel per year in fiscal 

years 2025 through 2029. 

SEC. 152. BUY-TO-BUDGET ACQUISITION OF F–35 AIRCRAFT. 

Subject to section 2308 of title 10, United States Code, using 

funds authorized to be appropriated by this Act for the procurement 

of F–35 aircraft, the Secretary of Defense may procure a quantity 

of F–35 aircraft in excess of the quantity authorized by this Act 

if such additional procurement does not require additional funds 

to be authorized to be appropriated because of production efficiencies or other cost reductions. 

SEC. 153. CERTIFICATION ON INCLUSION OF TECHNOLOGY TO MINIMIZE PHYSIOLOGICAL EPISODES IN CERTAIN AIRCRAFT. 

(a) CERTIFICATION REQUIRED.—Not later than 15 days before 

entering into a contract for the procurement of a covered aircraft, 

the Secretary concerned shall submit to the congressional defense 

committees a written statement certifying that the aircraft to be 

procured under the contract will include the most recent technological advancements necessary to minimize the impact of physiological episodes on aircraft crewmembers. 

(b) WAIVER.—The Secretary concerned may waive the requirement of subsection (a) if the Secretary— 

(1) determines the waiver is required in the interest of 

national security; and 


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132 STAT. 1672 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) not later than 15 days before entering into a contract 

for the procurement of a covered aircraft, notifies the congressional defense committees of the rationale for the waiver. 

(c) TERMINATION.—The requirement to submit a certification 

under subsection (a) shall terminate on September 30, 2021. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘covered aircraft’’ means a fighter aircraft, 

an attack aircraft, or a fixed wing trainer aircraft. 

(2) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Navy, with respect to covered 

aircraft of Navy; and 

(B) the Secretary of the Air Force, with respect to 

covered aircraft of the Air Force. 

SEC. 154. ARMORED COMMERCIAL PASSENGER-CARRYING VEHICLES. 

(a) IMPLEMENTATION OF GAO RECOMMENDATIONS.—In accordance with the recommendations of the Government Accountability 

Office in the report titled ‘‘Armored Commercial Vehicles: DOD 

Has Procurement Guidance, but Army Could Take Actions to 

Enhance Inspections and Oversight’’ (GAO-17-513), not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Army shall— 

(1) ensure that in-progress inspections are conducted at 

the armoring vendor’s facility for each procurement of an 

armored commercial passenger-carrying vehicles until the date 

on which the Secretary of Defense approves and implements 

an updated armoring and inspection standard for such vehicles; 

and 

(2) designate a central point of contact for collecting and 

reporting information on armored commercial passenger-carrying vehicles (such as information on contracts execution and 

vehicle inspections). 

(b) BRIEFING REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide to the congressional defense committees a briefing on the 

progress of the Secretary in implementing Department of Defense 

Instruction O–2000.16 Volume 1, dated November 2016, with 

respect to armored commercial passenger-carrying vehicles, 

including— 

(1) whether criteria for the procurement of such vehicles 

have been established and distributed to the relevant components of the Department; and 

(2) whether a process is in place for ensuring that the 

relevant components of the Department incorporate those criteria into contracts for such vehicles. 

SEC. 155. QUARTERLY UPDATES ON THE F–35 JOINT STRIKE FIGHTER 

PROGRAM. 

(a) IN GENERAL.—Beginning not later than October 1, 2018, 

and on a quarterly basis thereafter through October 1, 2022, the 

Under Secretary of Defense for Acquisition and Sustainment shall 

provide to the congressional defense committees a briefing on the 

progress of the F–35 Joint Strike Fighter program. 

(b) ELEMENTS.—Each briefing under subsection (a) shall 

include, with respect to the F–35 Joint Strike Fighter program, 

the following elements: 

(1) An overview of the program schedule. 

10 USC 2302 

note. 


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(2) A description of each contract awarded under the program, including a description of the type of contract and the 

status of the contract. 

(3) An assessment of the status of the program with respect 

to— 

(A) modernization; 

(B) modification; 

(C) testing; 

(D) delivery; 

(E) sustainment; 

(F) program management; and 

(G) efforts to ensure that excessive sustainment costs 

do not threaten the ability of the Department of Defense 

to purchase the required number of aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Modification of authority to carry out certain prototype projects. 

Sec. 212. Extension of directed energy prototype authority. 

Sec. 213. Prohibition on availability of funds for the Weather Common Component 

program. 

Sec. 214. Limitation on availability of funds for F–35 continuous capability development and delivery. 

Sec. 215. Limitation on availability of funds pending report on agile software development and software operations. 

Sec. 216. Limitation on availability of funds for certain high energy laser advanced 

technology. 

Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense. 

Sec. 218. National Defense Science and Technology Strategy. 

Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial 

vehicle. 

Sec. 220. Establishment of innovators information repository in the Department of 

Defense. 

Sec. 221. Strategic plan for Department of Defense test and evaluation resources. 

Sec. 222. Collaboration between Defense laboratories, industry, and academia; open 

campus program. 

Sec. 223. Permanent extension and codification of authority to conduct technology 

protection features activities during research and development of defense systems. 

Sec. 224. Codification and reauthorization of Defense Research and Development 

Rapid Innovation Program. 

Sec. 225. Procedures for rapid reaction to emerging technology. 

Sec. 226. Activities on identification and development of enhanced personal protective equipment against blast injury. 

Sec. 227. Human factors modeling and simulation activities. 

Sec. 228. Expansion of mission areas supported by mechanisms for expedited access 

to technical talent and expertise at academic institutions. 

Sec. 229. Advanced manufacturing activities. 

Sec. 230. National security innovation activities. 

Sec. 231. Partnership intermediaries for promotion of defense research and education. 

Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System. 

Sec. 233. Expansion of coordination requirement for support for national security 

innovation and entrepreneurial education. 

Sec. 234. Defense quantum information science and technology research and development program. 

Sec. 235. Joint directed energy test activities. 

Sec. 236. Requirement for establishment of arrangements for expedited access to 

technical talent and expertise at academic institutions to support Department of Defense missions. 


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Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research 

relating to high powered microwave capabilities. Sec. 238. Joint artificial intelligence research, development, and transition activities. 

Subtitle C—Reports and Other Matters 

Sec. 241. Report on survivability of air defense artillery. 

Sec. 242. T–45 aircraft physiological episode mitigation actions. 

Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers. Sec. 244. Report on Defense Innovation Unit Experimental. 

Sec. 245. Modification of funding criteria under Historically Black Colleges and 

Universities and minority institutions program. Sec. 246. Report on OA–X light attack aircraft applicability to partner nation support. Sec. 247. Reports on comparative capabilities of adversaries in key technology 

areas. Sec. 248. Report on active protection systems for armored combat and tactical vehicles. 

Sec. 249. Next Generation Combat Vehicle. 

Sec. 250. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions. 

Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift programs. Sec. 252. Improvement of the Air Force supply chain. 

Sec. 253. Review of guidance on blast exposure during training. 

Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement. Sec. 255. Independent assessment of electronic warfare plans and programs. 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4201. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

PROTOTYPE PROJECTS. 

Section 2371b of title 10, United States Code, is amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (A), in the matter before clause 

(i), by striking ‘‘(for a prototype project)’’ and inserting 

‘‘for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection 

(f),’’; 

(B) in subparagraph (B)— 

(i) in the matter before clause (i), by striking ‘‘(for 

a prototype project)’’ and inserting ‘‘for a prototype 

project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),’’; 

and 

(ii) in clause (i), in the matter before subclause 

(I), by striking ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ and inserting ‘‘Under 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1675 

Secretary of Defense for Research and Engineering 

or the Under Secretary of Defense for Acquisition and 

Sustainment’’; 

(C) in paragraph (3), by striking ‘‘Under Secretary 

of Defense for Acquisition, Technology, and Logistics’’ and 

inserting ‘‘Under Secretaries of Defense’’; 

(2) in subsection (b)(2), by inserting ‘‘the prototype’’ after 

‘‘carry out’’; and 

(3) in subsection (f)— 

(A) by redesignating paragraph (3) as paragraph (5); 

and 

(B) by inserting after paragraph (2) the following new 

paragraphs: 

‘‘(3) A follow-on production contract or transaction may be 

awarded, pursuant to this subsection, when the Department determines that an individual prototype or prototype subproject as part 

of a consortium is successfully completed by the participants. 

‘‘(4) Award of a follow-on production contract or transaction 

pursuant to the terms under this subsection is not contingent 

upon the successful completion of all activities within a consortium 

as a condition for an award for follow-on production of a successfully 

completed prototype or prototype subproject within that consortium.’’. 

SEC. 212. EXTENSION OF DIRECTED ENERGY PROTOTYPE AUTHORITY. 

Section 219(c)(4) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) 

is amended— 

(1) in subparagraph (A), by striking ‘‘Except as provided 

in subparagraph (B)’’ and inserting ‘‘Except as provided in 

subparagraph (C)’’; 

(2) by redesignating subparagraph (B) as subparagraph 

(C); 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) Except as provided in subparagraph (C) and subject 

to the availability of appropriations for such purpose, of the 

funds authorized to be appropriated by the National Defense 

Authorization Act for Fiscal Year 2019 or otherwise made available for fiscal year 2019 for research, development, test, and 

evaluation, defense-wide, up to $100,000,000 may 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 paragraph (1).’’; and 

(4) in subparagraph (C), as so redesignated, by striking 

‘‘made available under subparagraph (A)’’ and inserting ‘‘made 

available under subparagraph (A) or subparagraph (B)’’. 

SEC. 213. PROHIBITION ON AVAILABILITY OF FUNDS FOR THE 

WEATHER COMMON COMPONENT PROGRAM. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for research, development, test, and evaluation, Air Force, 

for weather service (PE 0305111F, Project 672738) for product 

development, test and evaluation, and management services associated with the Weather Common Component program may be obligated or expended. 

(b) REPORT REQUIRED.— 


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132 STAT. 1676 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) IN GENERAL.—The Secretary of the Air Force shall 

submit to the congressional defense committees a report on 

technologies and capabilities that— 

(A) provide real-time or near real-time meteorological 

situational awareness data through the use of sensors 

installed on manned and unmanned aircraft; and 

(B) were developed primarily using funds of the Department of Defense. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include— 

(A) a description of all technologies and capabilities 

described in paragraph (1) that exist as of the date on 

which the report is submitted; 

(B) a description of any testing activities that have 

been completed for such technologies and capabilities, and 

the results of those testing activities; 

(C) the total amount of funds used by the Department 

of Defense for the development of such technologies and 

capabilities; 

(D) a list of capability gaps or shortfalls in any major 

commands of the Air Force relating to the gathering, processing, exploitation, and dissemination of real-time or near 

real-time meteorological situational awareness data for 

unmanned systems; 

(E) an explanation of how such gaps or shortfalls may 

be remedied to supplement the weather forecasting 

capabilities of the Air Force and to enhance the efficiency 

or effectiveness of combat air power; and 

(F) a plan for fielding existing technologies and 

capabilities to mitigate such gaps or shortfalls. 

SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR F–35 CONTINUOUS CAPABILITY DEVELOPMENT AND DELIVERY. 

(a) LIMITATION.—Except as provided in subsection (b), of the 

funds authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2019 for the F–35 continuous capability 

development and delivery program, not more than 75 percent may 

be obligated or expended until a period of 15 days has elapsed 

following the date on which the Secretary of Defense submits to 

the congressional defense committees a detailed cost estimate and 

baseline schedule for the program, which shall include any information required for a major defense acquisition program under section 

2435 of title 10, United States Code. 

(b) EXCEPTION.—The limitation in subsection (a) does not apply 

to any funds authorized to be appropriated or otherwise made 

available for the development of the F–35 dual capable aircraft 

capability. 

SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT 

ON AGILE SOFTWARE DEVELOPMENT AND SOFTWARE 

OPERATIONS. 

(a) LIMITATION.—Of the of funds described in subsection (d), 

not more than 80 percent may be obligated or expended until 

a period of 30 days has elapsed following the date on which the 

Secretary of the Air Force submits the report required under subsection (b). 

(b) REPORT.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary of the Air Force, in consultation 


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with the Director of Defense Pricing/Defense Procurement and 

Acquisition Policy and the Director of the Defense Digital Service, 

shall submit to the congressional defense committees a report that 

includes a description of each of the following: 

(1) How cost estimates in support of modernization and 

upgrade activities for Air and Space Operations Centers are 

being conducted and using what methods. 

(2) The contracting strategy and types of contracts being 

used to execute Agile Software Development and Software 

Operations (referred to in this section as ‘‘Agile DevOps’’) activities. 

(3) How intellectual property ownership issues associated 

with software applications developed with Agile DevOps processes will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded. 

(4) A description of the tools and software applications 

that have been developed for the Air and Space Operations 

Centers and the costs and cost categories associated with each. 

(5) Challenges the Air Force has faced in executing acquisition activities modernizing the Air and Space Operations Centers and how the Air Force plans to address the challenges 

identified. 

(6) The Secretary’s strategy for ensuring that software 

applications developed for Air Operations Centers are 

transportable and translatable among all the Centers to avoid 

any duplication of efforts. 

(c) REVIEW.—Before submitting the report under subsection 

(b), the Secretary of the Air Force shall ensure that the report 

is reviewed and approved by the Director of Defense Pricing/Defense 

Procurement and Acquisition Policy. 

(d) FUNDS DESCRIBED.—The funds described in this subsection 

are the following: 

(1) Funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2019 for research, 

development, test, and evaluation, Air Force, for Air and Space 

Operations Centers (PE 0207410F, Project 674596). 

(2) Funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2019 for other procurement, Air Force, for Air and Space Operations Centers. 

SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN HIGH 

ENERGY LASER ADVANCED TECHNOLOGY. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2019 for 

the Department of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z), not more than 50 percent may be obligated 

or expended until the date on which the Secretary of Defense 

submits to the congressional defense committees a roadmap and 

detailed assessment of the high energy laser programs of the 

Department of Defense, which shall include plans for coordination 

across the Department and transition to programs of record. 

(b) RULE OF CONSTRUCTION.—The limitation in subsection (a) 

shall not be construed to apply to any other high energy laser 

program of the Department of Defense other than the program 

element specified in such subsection. 


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132 STAT. 1678 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 217. PLAN FOR THE STRATEGIC CAPABILITIES OFFICE OF THE 

DEPARTMENT OF DEFENSE. 

(a) PLAN REQUIRED.—Not later than March 1, 2019, the Secretary of Defense, acting through the Under Secretary of Defense 

for Research and Engineering, shall submit to the congressional 

defense committees a plan— 

(1) to eliminate the Strategic Capabilities Office of the 

Department of Defense by not later than October 1, 2020; 

(2) to transfer the functions of the Strategic Capabilities 

Office to another organization or element of the Department 

by not later than October 1, 2020; or 

(3) to retain the Strategic Capabilities Office. 

(b) ELEMENTS.—The plan required under subsection (a) shall 

include the following: 

(1) A timeline for the potential elimination, transfer, or 

retention of some or all of the activities, functions, programs, 

plans, and resources of the Strategic Capabilities Office. 

(2) A strategy for mitigating risk to the programs of the 

Strategic Capabilities Office. 

(3) A strategy for implementing the lessons learned and 

best practices of the Strategic Capabilities Office across the 

organizations and elements of the Department of Defense to 

promote enterprise-wide innovation. 

(4) An assessment of the transition outcomes, research 

portfolio, and mission accomplishment in the key functions 

of the Strategic Capabilities Office described in subsection (c). 

(5) An assessment of the relationship of the Strategic 

Capabilities Office with— 

(A) the acquisition and rapid capabilities programs 

of the military departments; 

(B) Department laboratories; 

(C) the Defense Advanced Research Projects Agency; 

and 

(D) other research and development activities. 

(6) Assessment of management and bureaucratic challenges 

to the effective and efficient execution of the Strategic Capabilities Office missions, especially with respect to contracting and 

personnel management. 

(c) KEY FUNCTIONS DESCRIBED.—The key functions described 

in this subsection are the following: 

(1) Repurposing existing Government and commercial systems for new technological advantage. 

(2) Developing novel concepts of operation that are lower 

cost, more effective, and more responsive to changing threats 

than traditional concepts of operation. 

(3) Developing joint systems and concepts of operations 

to meet emerging threats and military requirements based 

on partnerships with the military departments and combatant 

commanders. 

(4) Developing prototypes and new concepts of operations 

that can inform the development of requirements and the 

establishment of acquisition programs. 

(d) FORM OF PLAN.—The plan required under subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1679 

SEC. 218. NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY. 

(a) ANNUAL STRATEGY.— (1) IN GENERAL.—Not later than February 4, 2019, the 

Secretary of Defense shall develop a strategy— 

(A) to articulate the science and technology priorities, 

goals, and investments of the Department of Defense; and 

(B) to make recommendations on the future of the 

defense research and engineering enterprise and its continued success in an era of strategic competition. 

(2) ELEMENTS.—The strategy required by paragraph (1) 

shall— 

(A) be aligned with the National Defense Strategy and 

Governmentwide strategic science and technology priorities, including the defense budget priorities of the Office 

of Science and Technology Policy of the President; 

(B) link the priorities, goals, and outcomes in paragraph (1)(A) with needed critical enablers to specific programs, or broader portfolios, including— 

(i) personnel and workforce capabilities; 

(ii) facilities for research and test infrastructure; 

(iii) relationships with academia, the acquisition 

community, the operational community, and the 

commercial sector; and 

(iv) funding, investments, personnel, facilities, and 

relationships with departments, agencies, or other Federal entities outside the Department of Defense without which defense capabilities would be severely 

degraded; 

(C) evaluate the coordination of acquisition priorities, 

programs, and timelines of the Department with the activities of the defense research and engineering enterprise; 

and 

(D) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that 

would support the achievement of the goals set forth in 

the strategy. 

(3) ANNUAL UPDATES.—Not less frequently than once each 

year, the Secretary shall revise and update the strategy 

required by paragraph (1). 

(4) ANNUAL REPORTS.—(A) Not later than February 4, 2019, 

and not less frequently than once each year thereafter through 

December 31, 2021, the Secretary shall submit to the congressional defense committees the strategy required by paragraph 

(1), as may be revised and updated in accordance with paragraph (3). 

(B) The reports submitted pursuant to subparagraph (A) 

shall be submitted in unclassified form, but may include a 

classified annex. 

(5) BRIEFING.—Not later than 14 days after the date on 

which the strategy under paragraph (1) is completed, the Secretary shall provide to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House 

of Representatives a briefing on the implementation of the 

strategy. 

(6) DESIGNATION.—The strategy developed under paragraph 

(1) shall be known as the ‘‘National Defense Science and Technology Strategy’’. 


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132 STAT. 1680 PUBLIC LAW 115–232—AUG. 13, 2018 

(b) ASSESSMENT AND RECOMMENDATIONS.— 

(1) IN GENERAL.—Not later than February 4, 2019, the 

Secretary shall submit to the congressional defense committees 

a report with an assessment and recommendations on the 

future of major elements of the defense research and 

engineering enterprise, evaluating warfighting contributions, 

portfolio management and coordination, workforce management 

including special hiring authorities, facilities and test infrastructure, relationships with private sector and interagency 

partners, and governance, including a comparison with the 

enterprises of other countries and the private sector. 

(2) MAJOR ELEMENTS OF THE DEFENSE RESEARCH AND

ENGINEERING ENTERPRISE.—The major elements of the defense 

research and engineering enterprise referred to in paragraph 

(1) include the following: 

(A) The science and technology elements of the military 

departments. 

(B) The Department of Defense laboratories. 

(C) The test ranges and facilities of the Department. 

(D) The Defense Advanced Research Projects Agency 

(DARPA). 

(E) The Defense Innovation Unit Experimental 

(DIU(x)). 

(F) The Strategic Capabilities Office of the Department. 

(G) The Small Business Innovation Research program 

of the Department. 

(H) The Small Business Technology Transfer program 

of the Department. 

(I) Such other elements, offices, programs, and activities of the Department as the Secretary considers appropriate for purposes of the this section. 

(3) CONSULTATION AND COMMENTS.—In making recommendations under paragraph (1), the Secretary shall consult 

with and seek comments from groups and entities relevant 

to the recommendations, such as the military departments, 

the combatant commands, the federally funded research and 

development centers (FFRDCs), commercial partners of the 

Department (including small business concerns), or any 

advisory committee established by the Department that the 

Secretary determines is appropriate based on the duties of 

the advisory committee and the expertise of its members. 

(4) FORM OF SUBMISSION.—The report submitted pursuant 

to paragraph (1) shall be submitted in unclassified form, but 

may include a classified annex. 

SEC. 219. MODIFICATION OF CVN–73 TO SUPPORT FIELDING OF MQ– 

25 UNMANNED AERIAL VEHICLE. 

The Secretary of the Navy shall— 

(1) modify the compartments and infrastructure of the aircraft carrier designated CVN–73 to support the fielding of 

the MQ–25 unmanned aerial vehicle before the date on which 

the refueling and complex overhaul of the aircraft carrier is 

completed; and 

(2) ensure such modification is sufficient to complete the 

full installation of MQ–25 in no more than a single maintenance 

period after such overhaul. 


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SEC. 220. ESTABLISHMENT OF INNOVATORS INFORMATION REPOSITORY IN THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall, acting 

through the Defense Technical Information Center, establish an 

innovators information repository within the Department of Defense 

in accordance with this section. 

(b) MAINTENANCE OF INFORMATION REPOSITORY.—The Under 

Secretary of Defense for Research and Engineering shall maintain 

the information repository and ensure that it is periodically 

updated. 

(c) ELEMENTS OF INFORMATION REPOSITORY.—The information 

repository established under subsection (a) shall— 

(1) be coordinated across the Department of Defense enterprise to focus on small business innovators that are small, 

independent United States businesses, including those participating in the Small Business Innovation Research program 

or the Small Business Technology Transfer program; 

(2) include appropriate information about each participant, 

including a description of— 

(A) the need or requirement applicable to the participant; 

(B) the participant’s technology with appropriate technical detail and appropriate protections of proprietary 

information or data; 

(C) any prior business of the participant with the 

Department; and 

(D) whether the participant’s technology was incorporated into a program of record; and 

(3) incorporate the appropriate classification due to compilation of information. 

(d) USE OF INFORMATION REPOSITORY.—After the information 

repository is established under subsection (a), the Secretary shall 

encourage use of the information repository by Department 

organizations involved in technology development and protection, 

including program offices, before initiating a Request for Information or a Request for Proposal to determine whether an organic 

technology exists or is being developed currently by a an entity 

supported by the Department (which may include a company, academic consortium, or other entity). 

SEC. 221. STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND 

EVALUATION RESOURCES. 

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

(1) by amending paragraph (1) to read as follows: ‘‘(1) 

Not less often than once every two fiscal years, the Under 

Secretary of Defense for Research and Engineering, in coordination with the Director of the Department of Defense Test 

Resources Management Center, the Director of Operational 

Test and Evaluation, the Director of the Defense Intelligence 

Agency, the Secretaries of the military departments, and the 

heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the future needs 

of the Department of Defense with respect to test and evaluation facilities and resources. Each strategic plan shall cover 

the period of thirty fiscal years beginning with the fiscal year 

10 USC 2364 

note. 


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132 STAT. 1682 PUBLIC LAW 115–232—AUG. 13, 2018 

in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of both 

funded and unfunded test and evaluation requirements of the 

Department, future threats to national security, and the adequacy of the test and evaluation facilities and resources of 

the Department to meet those future requirements and 

threats.’’; and 

(2) in paragraph (2)(C), by striking ‘‘needed to meet such 

requirements’’ and inserting ‘‘needed to meet current and future 

requirements based on current and emerging threats’’. 

SEC. 222. COLLABORATION BETWEEN DEFENSE LABORATORIES, 

INDUSTRY, AND ACADEMIA; OPEN CAMPUS PROGRAM. 

(a) COLLABORATION.—The Secretary of Defense may carry out 

activities to prioritize innovative collaboration between Department 

of Defense science and technology reinvention laboratories, industry, 

and academia. 

(b) OPEN CAMPUS PROGRAM.—In carrying out subsection (a), 

the Secretary, acting through the Commander of the Air Force 

Research Laboratory, the Commander of the Army Research, 

Development and Engineering Command, and the Chief of Naval 

Research, or such other officials of the Department as the Secretary 

considers appropriate, may develop and implement an open campus 

program for the Department science and technology reinvention 

laboratories which shall be modeled after the open campus program 

of the Army Research Laboratory. 

SEC. 223. PERMANENT EXTENSION AND CODIFICATION OF AUTHORITY 

TO CONDUCT TECHNOLOGY PROTECTION FEATURES 

ACTIVITIES DURING RESEARCH AND DEVELOPMENT OF 

DEFENSE SYSTEMS. 

(a) IN GENERAL.—Chapter 139 of title 10, United States Code, 

is amended by inserting before section 2358 the following new 

section: 

‘‘§ 2357. Technology protection features activities 

‘‘(a) ACTIVITIES.—The Secretary of Defense shall carry out 

activities to develop and incorporate technology protection features 

in a designated system during the research and development phase 

of such system. 

‘‘(b) COST-SHARING.—Any contract for the design or development 

of a system resulting from activities under subsection (a) for the 

purpose of enhancing or enabling the exportability of the system, 

either for the development of program protection strategies for 

the system or the design and incorporation of exportability features 

into the system, shall include a cost-sharing provision that requires 

the contractor to bear half of the cost of such activities, or such 

other portion of such cost as the Secretary considers appropriate 

upon showing of good cause. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘designated system’ means any system 

(including a major system, as defined in section 2302(5) of 

title 10, United States Code) that the Under Secretary of 

Defense for Acquisition and Sustainment designates for purposes of this section. 

‘‘(2) The term ‘technology protection features’ means the 

technical modifications necessary to protect critical program 

10 USC 2357. 

10 USC 2364 

note. 


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information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended 

by inserting before the item relating to section 2358 the following 

new item: 

‘‘2357. Technology protection features activities.’’. 

(c) CONFORMING REPEAL.—Section 243 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 

2358 note) is repealed. 

SEC. 224. CODIFICATION AND REAUTHORIZATION OF DEFENSE 

RESEARCH AND DEVELOPMENT RAPID INNOVATION PROGRAM. 

(a) CODIFICATION.— 

(1) IN GENERAL.—Chapter 139 of title 10, United States 

Code, is amended by inserting after section 2359 the following 

new section: 

‘‘§ 2359a. Defense Research and Development Rapid Innovation Program 

‘‘(a) PROGRAM ESTABLISHED.—(1) The Secretary of Defense shall 

establish a competitive, merit-based program to accelerate the 

fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed 

by the defense laboratories, and other innovative technologies 

(including dual use technologies). 

‘‘(2) The purpose of this program is to stimulate innovative 

technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and 

evaluation outcomes, and rapidly insert such products directly in 

support of primarily major defense acquisition programs, but also 

other defense acquisition programs that meet critical national security needs. 

‘‘(b) GUIDELINES.—The Secretary shall issue guidelines for the 

operation of the program. At a minimum such guidance shall provide for the following: 

‘‘(1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals 

in support of defense acquisition programs as described in 

subsection (a). 

‘‘(2) The review of candidate proposals by the Department 

of Defense and by each military department and the meritbased selection of the most promising cost-effective proposals 

for funding through contracts, cooperative agreements, and 

other transactions for the purposes of carrying out the program. 

‘‘(3) The total amount of funding provided to any project 

under the program from funding provided under subsection 

(d) shall not exceed $3,000,000, unless the Secretary, or the 

Secretary’s designee, approves a larger amount of funding for 

the project. 

‘‘(4) No project shall receive more than a total of two 

years of funding under the program from funding provided 

10 USC 2359a. 

10 USC 2351 

prec. 


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under subsection (d), unless the Secretary, or the Secretary’s 

designee, approves funding for any additional year. 

‘‘(5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense 

acquisition programs, through the use of the authorities of 

section 2302e of this title or such other authorities as may 

be appropriate to conduct further testing, low rate production, 

or full rate production of technologies developed under the 

program. 

‘‘(6) Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue 

influence by Congress or other Federal agencies. 

‘‘(c) TREATMENT PURSUANT TO CERTAIN CONGRESSIONAL

RULES.—Nothing in this section shall be interpreted to require 

or enable any official of the Department of Defense to provide 

funding under this section to any earmark as defined pursuant 

to House Rule XXI, clause 9, or any congressionally directed 

spending item as defined pursuant to Senate Rule XLIV, paragraph 

5. 

‘‘(d) FUNDING.—Subject to the availability of appropriations 

for such purpose, the amounts authorized to be appropriated for 

research, development, test, and evaluation for a fiscal year may 

be used for such fiscal year for the program established under 

subsection (a). 

‘‘(e) TRANSFER AUTHORITY.—(1) The Secretary may transfer 

funds available for the program to the research, development, test, 

and evaluation accounts of a military department, defense agency, 

or the unified combatant command for special operations forces 

pursuant to a proposal, or any part of a proposal, that the Secretary 

determines would directly support the purposes of the program. 

‘‘(2) The transfer authority provided in this subsection is in 

addition to any other transfer authority available to the Department 

of Defense.’’. 

(2) 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 2359 the following new item: 

‘‘2359a. Defense Research and Development Rapid Innovation Program.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) REPEAL OF OLD PROVISION.—Section 1073 of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 10 U.S.C. 2359 note) is hereby 

repealed. 

(2) REPEAL OF OLD TABLE OF CONTENTS ITEM.—The table 

of contents in section 2(b) of such Act is amended by striking 

the item relating to section 1073. 

SEC. 225. PROCEDURES FOR RAPID REACTION TO EMERGING TECHNOLOGY. 

(a) REQUIREMENT TO ESTABLISH PROCEDURES.—Not later than 

180 days after the date of the enactment of this Act, the Under 

Secretary of Defense for Research and Engineering shall prescribe 

procedures for the designation and development of technologies 

that are— 

(1) urgently needed— 

(A) to react to a technological development of an 

adversary of the United States; or 

10 USC 2358 

note. 

10 USC 2351 

prec. 


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(B) to respond to a significant and urgent emerging 

technology; and 

(2) not receiving appropriate research funding or attention 

from the Department of Defense. 

(b) ELEMENTS.—The procedures prescribed under subsection 

(a) shall include the following: 

(1) A process for streamlined communications between the 

Under Secretary, the Joint Chiefs of Staff, the commanders 

of the combatant commands, the science and technology executives within each military department, and the science and 

technology community, including— 

(A) a process for the commanders of the combatant 

commands and the Joint Chiefs of Staff to communicate 

their needs to the science and technology community; and 

(B) a process for the science and technology community 

to propose technologies that meet the needs communicated 

by the combatant commands and the Joint Chiefs of Staff. 

(2) Procedures for the development of technologies proposed 

pursuant to paragraph (1)(B), including— 

(A) a process for demonstrating performance of the 

proposed technologies on a short timeline; 

(B) a process for developing a development strategy 

for a technology, including integration into future budget 

years; and 

(C) a process for making investment determinations 

based on information obtained pursuant to subparagraphs 

(A) and (B). 

(c) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Under Secretary shall provide to the 

congressional defense committees a briefing on the procedures 

required by subsection (a). 

SEC. 226. ACTIVITIES ON IDENTIFICATION AND DEVELOPMENT OF 

ENHANCED PERSONAL PROTECTIVE EQUIPMENT AGAINST 

BLAST INJURY. 

(a) ACTIVITIES REQUIRED.—During calendar year 2019, the Secretary of the Army shall, in consultation with the Director of 

Operational Test and Evaluation, carry out a set of activities to 

identify and develop personal equipment to provide enhanced 

protection against injuries caused by blasts in combat and training. 

(b) ACTIVITIES.— 

(1) CONTINUOUS EVALUATION PROCESS.—For purposes of 

the activities required by subsection (a), the Secretary shall 

establish a process to continuously solicit from government, 

industry, academia, and other appropriate entities personal 

protective equipment that is ready for testing and evaluation 

in order to identify and evaluate equipment or clothing that 

is more effective in protecting members of the Armed Forces 

from the harmful effects of blast injuries, including traumatic 

brain injuries, and would be suitable for expedited procurement 

and fielding. 

(2) GOALS.—The goals of the activities shall include: 

(A) Development of streamlined requirements for 

procurement of personal protective equipment. 

(B) Appropriate testing of personal protective equipment prior to procurement and fielding. 

10 USC 2302 

note. 


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(C) Development of expedited mechanisms for deployment of effective personal protective equipment. 

(D) Identification of areas of research in which 

increased investment has the potential to improve the 

quality of personal protective equipment and the capability 

of the industrial base to produce such equipment. 

(E) Such other goals as the Secretary considers appropriate. 

(3) PARTNERSHIPS FOR CERTAIN ASSESSMENTS.—As part of 

the activities, the Secretary should continue to establish partnerships with appropriate academic institutions for purposes 

of assessing the following: 

(A) The ability of various forms of personal protective 

equipment to protect against common blast injuries, 

including traumatic brain injuries. 

(B) The value of real-time data analytics to track the 

effectiveness of various forms of personal protective equipment to protect against common blast injuries, including 

traumatic brain injuries. 

(C) The availability of commercial-off the-shelf personal 

protective technology to protect against traumatic brain 

injury resulting from blasts. 

(D) The extent to which the equipment determined 

through the assessment to be most effective to protect 

against common blast injuries is readily modifiable for 

different body types and to provide lightweight material 

options to enhance maneuverability. 

(c) AUTHORITIES.—In carrying out activities under subsection 

(a), the Secretary may use any authority as follows: 

(1) Experimental procurement authority under section 2373 

of title 10, United States Code. 

(2) Other transactions authority under section 2371 and 

2371b of title 10, United States Code. 

(3) Authority to award technology prizes under section 

2374a of title 10, United States Code. 

(4) Authority under the Defense Acquisition Challenge Program under section 2359b of title 10, United States Code. 

(5) Any other authority on acquisition, technology transfer, 

and personnel management that the Secretary considers appropriate. 

(d) CERTAIN TREATMENT OF ACTIVITIES.—Any activities under 

this section shall be deemed to have been through the use of 

competitive procedures for the purposes of section 2304 of title 

10, United States Code. 

(e) ON-GOING ASSESSMENT FOLLOWING ACTIVITIES.—After the 

completion of activities under subsection (a), the Secretary shall, 

on an on-going basis, do the following: 

(1) Evaluate the extent to which personal protective equipment identified through the activities would— 

(A) enhance survivability of personnel from blasts in 

combat and training; and 

(B) enhance prevention of brain damage, and reduction 

of any resultant chronic brain dysfunction, from blasts 

in combat and training. 

(2) In the case of personal protective equipment so identified that would provide enhancements as described in paragraph (1), estimate the costs that would be incurred to procure 


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such enhanced personal protective equipment, and develop a 

schedule for the procurement of such equipment. 

(3) Estimate the potential health care cost savings that 

would occur from expanded use of personal protective equipment described in paragraph (2). 

(f) REPORT.—Not later than December 1, 2019, the Secretary 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the activities under subsection (a) as of the 

date of the report. 

(g) FUNDING.—Of the amount authorized to be appropriated 

for fiscal year 2019 by this Act for research, development, test, 

and evaluation, as specified in the funding tables in division D, 

$10,000,000 may be used to carry out this section. 

SEC. 227. HUMAN FACTORS MODELING AND SIMULATION ACTIVITIES. 

(a) ACTIVITIES REQUIRED.—The Secretary of Defense shall 

develop and provide for the carrying out of human factors modeling 

and simulation activities designed to do the following: 

(1) Provide warfighters and civilians with personalized 

assessment, education, and training tools. 

(2) Identify and implement effective ways to interface and 

team warfighters with machines. 

(3) Result in the use of intelligent, adaptive augmentation 

to enhance decision making. 

(4) Result in the development of techniques, technologies, 

and practices to mitigate critical stressors that impede 

warfighter and civilian protection, sustainment, and performance. 

(b) PURPOSE.—The overall purpose of the activities shall be 

to accelerate research and development that enhances capabilities 

for human performance, human-systems integration, and training 

for the warfighter. 

(c) PARTICIPANTS IN ACTIVITIES.—Participants in the activities 

may include the following: 

(1) Elements of the Department of Defense engaged in 

science and technology activities. 

(2) Program Executive Offices of the Department. 

(3) Academia. 

(4) The private sector. 

(5) Such other participants as the Secretary considers 

appropriate. 

SEC. 228. EXPANSION OF MISSION AREAS SUPPORTED BY MECHANISMS 

FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND 

EXPERTISE AT ACADEMIC INSTITUTIONS. 

Section 217(e) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is 

amended— 

(1) by redesignating paragraph (23) as paragraph (27); 

and 

(2) by inserting after paragraph (22) the following new 

paragraphs: 

‘‘(23) Space. 

‘‘(24) Infrastructure resilience. 

‘‘(25) Photonics. 

‘‘(26) Autonomy.’’. 

10 USC 2358 

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SEC. 229. ADVANCED MANUFACTURING ACTIVITIES. 

(a) DESIGNATION.—The Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for 

Research and Engineering shall jointly, in coordination with Secretaries of the military departments, establish at least one activity 

per military service to demonstrate advanced manufacturing techniques and capabilities at depot-level activities or military arsenal 

facilities of the military departments. 

(b) PURPOSES.—The activities established pursuant to subsection (a) shall— 

(1) support efforts to implement advanced manufacturing 

techniques and capabilities; 

(2) identify improvements to sustainment methods for 

component parts and other logistics needs; 

(3) identify and implement appropriate information security 

protections to ensure security of advanced manufacturing; 

(4) aid in the procurement of advanced manufacturing 

equipment and support services; 

(5) enhance partnerships between the defense industrial 

base and Department of Defense laboratories, academic institutions, and industry; and 

(6) to the degree practicable, include an educational or 

training component to build an advanced manufacturing 

workforce. 

(c) COOPERATIVE AGREEMENTS AND PARTNERSHIPS.— 

(1) IN GENERAL.—The Under Secretaries may enter into 

a cooperative agreement and use public-private and publicpublic partnerships to facilitate development of advanced manufacturing techniques in support of the defense industrial base. 

(2) REQUIREMENTS.—A cooperative agreement entered into 

under paragraph (1) and a partnership used under such paragraph shall facilitate— 

(A) development and implementation of advanced 

manufacturing techniques and capabilities; 

(B) appropriate sharing of information in the adaptation of advanced manufacturing, including technical data 

rights; 

(C) implementation of appropriate information security 

protections into advanced manufacturing tools and techniques; and 

(D) support of necessary workforce development. 

(d) AUTHORITIES.—In carrying out this section, the Under Secretaries may use the following authorities: 

(1) Section 2196 of title 10, United States Code, relating 

to the Manufacturing Engineering Education Program. 

(2) Section 2368 of such title, relating to centers for science, 

technology, and engineering partnership. 

(3) Section 2374a of such title, relating to prizes for 

advanced technology achievements. 

(4) Section 2474 of such title, relating to centers of industrial and technical excellence. 

(5) Section 2521 of such title, relating to the Manufacturing 

Technology Program. 

(6) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 

31, United States Code, relating to cooperative research and 

development agreements. 

10 USC 2521 

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(7) Such other authorities as the Under Secretaries considers appropriate. 

SEC. 230. NATIONAL SECURITY INNOVATION ACTIVITIES. 

(a) ESTABLISHMENT.—The Under Secretary of Defense for 

Research and Engineering shall establish activities to develop interaction between the Department of Defense and the commercial 

technology industry and academia with regard to emerging hardware products and technologies with national security applications. 

(b) ELEMENTS.—The activities required by subsection (a) shall 

include the following: 

(1) Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications. 

(2) Funding research and technology development in hardware-intensive capabilities that private industry has not sufficiently supported to meet rapidly emerging defense and 

national security needs. 

(3) Contributing to the development of policies, policy 

implementation, and actions to deter strategic acquisition of 

industrial and technical capabilities in the private sector by 

foreign entities that could potentially exclude companies from 

participating in the Department of Defense technology and 

industrial base. 

(4) Identifying promising emerging technology in industry 

and academia for the Department of Defense for potential support or research and development cooperation. 

(c) TRANSFER OF PERSONNEL AND RESOURCES.— 

(1) IN GENERAL.—Subject to paragraph (2), the Under Secretary may transfer such personnel, resources, and authorities 

that are under the control of the Under Secretary as the Under 

Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department under the control of the Under Secretary or upon approval 

of the Secretary of Defense. 

(2) CERTIFICATION.—The Under Secretary may only make 

a transfer of personnel, resources, or authorities under paragraph (1) upon certification by the Under Secretary that the 

activities established under paragraph (a) can attract sufficient 

private sector investment, has personnel with sufficient technical and management expertise, and has identified relevant 

technologies and systems for potential investment in order to 

carry out the activities established under subsection (a), independent of further government funding beyond this authorization. 

(d) ESTABLISHMENT OF NONPROFIT ENTITY.—The Under Secretary may establish or fund a nonprofit entity to carry out the 

program activities under subsection (a). 

(e) PLAN.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Under Secretary shall submit 

to the congressional defense committees a detailed plan to 

carry out this section. 

(2) ELEMENTS.—The plan required by paragraph (1) shall 

include the following: 

(A) A description of the additional authorities needed 

to carry out the activities set forth in subsection (b). 

10 USC 2358 

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(B) Plans for transfers under subsection (c), including 

plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical 

data developed, and relevant dates and goals of such transfers. 

(C) Plans for attracting the participation of the 

commercial technology industry and academia and how 

those plans fit into the current Department of Defense 

research and engineering enterprise. 

(f) AUTHORITIES.—In carrying out this section, the Under Secretary may use the following authorities: 

(1) Section 1711 of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91), relating to a 

pilot program on strengthening manufacturing in the defense 

industrial base. 

(2) Section 1599g of title 10 of the United States Code, 

relating to public-private talent exchanges. 

(3) Section 2368 of such title, relating to Centers for 

Science, Technology, and Engineering Partnerships. 

(4) Section 2374a of such title, relating to prizes for 

advanced technology achievements. 

(5) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence. 

(6) Section 2521 of such title, relating to the Manufacturing 

Technology Program. 

(7) Subchapter VI of chapter 33 of title 5, United States 

Code, relating to assignments to and from States. 

(8) Chapter 47 of such title, relating to personnel research 

programs and demonstration projects. 

(9) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 

31, United States Code, relating to cooperative research and 

development agreements. 

(10) Such other authorities as the Under Secretary considers appropriate. 

(g) NOTICE REQUIRED.—Not later than 15 days before the date 

on which the Under Secretary first exercises the authority granted 

under subsection (d) and not later than 15 days before the date 

on which the Under Secretary first obligates or expends any amount 

authorized under subsection (h), the Under Secretary shall notify 

the congressional defense committees of such exercise, obligation, 

or expenditure, as the case may be. 

(h) FUNDING.—Of the amount authorized to be appropriated 

for fiscal year 2019 for the Department of Defense by section 201 

and subject to the availability of appropriations, up to $75,000,000 

may be available to carry out this section. 

SEC. 231. PARTNERSHIP INTERMEDIARIES FOR PROMOTION OF 

DEFENSE RESEARCH AND EDUCATION. 

Section 2368 of title 10, United States Code, is amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) USE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE

DEFENSE RESEARCH AND EDUCATION.—(1) Subject to the approval 

of the Secretary or the head of the another department or agency 


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of the Federal Government concerned, the Director of a Center 

may enter into a contract, memorandum of understanding or other 

transition with a partnership intermediary that provides for the 

partnership intermediary to perform services for the Department 

of Defense that increase the likelihood of success in the conduct 

of cooperative or joint activities of the Center with industry or 

academic institutions. 

‘‘(2) In this subsection, the term ‘partnership intermediary’ 

means an agency of a State or local government, or a nonprofit 

entity owned in whole or in part by, chartered by, funded in whole 

or in part by, or operated in whole or in part by or on behalf 

of a State or local government, that assists, counsels, advises, 

evaluates, or otherwise cooperates with industry or academic 

institutions that need or can make demonstrably productive use 

of technology-related assistance from a Center.’’. 

SEC. 232. LIMITATION ON USE OF FUNDS FOR SURFACE NAVY LASER 

WEAPON SYSTEM. 

(a) LIMITATION.—None of the funds authorized to be appropriated or otherwise made available by this Act may be used to 

exceed, in fiscal year 2019, a procurement quantity of one Surface 

Navy Laser Weapon System, also known as the High Energy Laser 

and Integrated Optical-dazzler with Surveillance (HELIOS), unless 

the Secretary of the Navy submits to the congressional defense 

committees a report on such system with the elements set forth 

in subsection (b). 

(b) ELEMENTS.—The elements set forth in this subsection are, 

with respect to the system described in subsection (a), the following: 

(1) A document setting forth the requirements for the 

system, including desired performance characteristics. 

(2) An acquisition plan that includes the following: 

(A) A program schedule to accomplish design completion, technology maturation, risk reduction, and other 

activities, including dates of key design reviews (such as 

Preliminary Design Review and Critical Design Review) 

and program initiation decision (such as Milestone B) if 

applicable. 

(B) A contracting strategy, including requests for proposals, the extent to which contracts will be competitively 

awarded, option years, option quantities, option prices, and 

ceiling prices. 

(C) The fiscal years of procurement and delivery for 

each engineering development model, prototype, or similar 

unit planned to be acquired. 

(D) A justification for the fiscal years of procurement 

and delivery for each engineering development model, 

prototype, or similar unit planned to be acquired. 

(3) A test plan and schedule sufficient to achieve operational effectiveness and operational suitability determinations 

(such as Early Operational Capability and Initial Operational 

Capability) related to the requirements set forth in paragraph 

(1). 

(4) Associated funding and item quantities, disaggregated 

by fiscal year and appropriation, requested in the Fiscal Year 

2019 Future Years Defense Program. 


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(5) An estimate of the acquisition costs, including the total 

costs for procurement, research, development, test, and evaluation. 

SEC. 233. EXPANSION OF COORDINATION REQUIREMENT FOR SUPPORT FOR NATIONAL SECURITY INNOVATION AND ENTREPRENEURIAL EDUCATION. 

Section 225(e) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is 

amended by adding at the end the following new paragraphs: 

‘‘(16) The National Security Technology Accelerator. 

‘‘(17) The I-Corps Program.’’. 

SEC. 234. DEFENSE QUANTUM INFORMATION SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Defense shall carry out 

a quantum information science and technology research and 

development program. 

(b) PURPOSES.—The purposes of the program required by subsection (a) are as follows: 

(1) To ensure global superiority of the United States in 

quantum information science necessary for meeting national 

security requirements. 

(2) To coordinate all quantum information science and technology research and development within the Department of 

Defense and to provide for interagency cooperation and 

collaboration on quantum information science and technology 

research and development between the Department of Defense 

and other departments and agencies of the United States and 

appropriate private sector entities that are involved in quantum 

information science and technology research and development. 

(3) To develop and manage a portfolio of fundamental and 

applied quantum information science and technology and 

engineering research initiatives that is stable, consistent, and 

balanced across scientific disciplines. 

(4) To accelerate the transition and deployment of technologies and concepts derived from quantum information 

science and technology research and development into the 

Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts. 

(5) To collect, synthesize, and disseminate critical information on quantum information science and technology research 

and development. 

(6) To establish and support appropriate research, innovation, and industrial base, including facilities and infrastructure, 

to support the needs of Department of Defense missions and 

systems related to quantum information science and technology. 

(c) ADMINISTRATION.—In carrying out the program required 

by subsection (a), the Secretary shall act through the Under Secretary of Defense for Research and Engineering, who shall supervise 

the planning, management, and coordination of the program. The 

Under Secretary, in consultation with the Secretaries of the military 

departments and the heads of participating Defense Agencies and 

other departments and agencies of the United States, shall— 

(1) prescribe a set of long-term challenges and a set of 

specific technical goals for the program, including— 

(A) optimization of analysis of national security data 

sets; 

10 USC 2358 

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(B) development of defense related quantum computing 

algorithms; 

(C) design of new materials and molecular functions; 

(D) secure communications and cryptography, 

including development of quantum communications protocols; 

(E) quantum sensing and metrology; 

(F) development of mathematics relating to quantum 

enhancements to sensing, communications, and computing; 

and 

(G) processing and manufacturing of low-cost, robust, 

and reliable quantum information science and technologyenabled devices and systems; 

(2) develop a coordinated and integrated research and 

investment plan for meeting the near-, mid-, and long-term 

challenges with definitive milestones while achieving the specific technical goals that builds upon the Department’s 

increased investment in quantum information science and technology research and development, commercial sector and global 

investments, and other United States Government investments 

in the quantum sciences; 

(3) not later than 180 days after the date of the enactment 

of this Act, develop and continuously update guidance, including 

classification and data management plans for defense-related 

quantum information science and technology activities, and 

policies for control of personnel participating on such activities 

to minimize the effects of loss of intellectual property in basic 

and applied quantum science and information considered sensitive to the leadership of the United States in the field of 

quantum information science and technology; and 

(4) develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for 

meeting the long-term challenges and achieving the specific 

technical goals. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than December 31, 2020, the 

Secretary shall submit to the congressional defense committees 

a report on the program, in both classified and unclassified 

format. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the knowledge-base of the Department with respect to quantum sciences, plans to defend 

against quantum based attacks, and any plans of the Secretary to enhance such knowledge-base. 

(B) A plan that describes how the Secretary intends 

to use quantum sciences for military applications and to 

meet other needs of the Department. 

(C) An assessment of the efforts of foreign powers 

to use quantum sciences for military applications and other 

purposes. 

(D) A description of activities undertaken consistent 

with this section, including funding for activities consistent 

with the section. 

(E) Such other matters as the Secretary considers 

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SEC. 235. JOINT DIRECTED ENERGY TEST ACTIVITIES. 

(a) TEST ACTIVITIES.—The Under Secretary of Defense for 

Research and Engineering shall, in the Under Secretary’s capacity 

as the official with principal responsibility for the development 

and demonstration of directed energy weapons for the Department 

of Defense pursuant to section 219(a)(1) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 

U.S.C. 2431 note), develop, establish, and coordinate directed energy 

testing activities adequate to ensure the achievement by the Department of Defense of goals of the Department for developing and 

deploying directed energy systems to match national security needs. 

(b) ELEMENTS.—The activity established under subsection (a) 

shall include the following: 

(1) The High Energy Laser System Test Facility of the 

Army Test and Evaluation Command. 

(2) Such other test resources and activities as the Under 

Secretary may designate for purposes of this section. 

(c) DESIGNATION.—The test activities established under subsection (a) shall be considered part of the Major Range and Test 

Facility Base (as defined in 196(i) of title 10, United States Code). 

(d) PRIORITIZATION OF EFFORT.—In developing and coordinating 

testing activities pursuant to subsection (a), the Under Secretary 

shall prioritize efforts consistent with the following: 

(1) Paragraphs (2) through (5) of section 219(a) of the 

National Defense Authorization Act for Fiscal Year 2017 (10 

U.S.C. 2431 note). 

(2) Enabling the standardized collection and evaluation 

of testing data to establish testing references and benchmarks. 

(3) Concentrating sufficient personnel expertise of directed 

energy weapon systems in order to validate the effectiveness 

of new weapon systems against a variety of targets. 

(4) Consolidating modern state-of-the-art testing infrastructure including telemetry, sensors, and optics to support 

advanced technology testing and evaluation. 

(5) Formulating a joint lethality or vulnerability information repository that can be accessed by any of the military 

departments of Defense Agencies, similar to a Joint Munitions 

Effectiveness Manuals (JMEMs). 

(6) Reducing duplication of directed energy weapon testing. 

(7) Ensuring that an adequate workforce and adequate 

testing facilities are maintained to support missions of the 

Department of Defense. 

SEC. 236. REQUIREMENT FOR ESTABLISHMENT OF ARRANGEMENTS 

FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND 

EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT 

DEPARTMENT OF DEFENSE MISSIONS. 

(a) IN GENERAL.—Subsection (a)(1) of section 217 of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 10 U.S.C. 2358 note) is amended by striking ‘‘and 

each secretary of a military department may establish one or more’’ 

and inserting ‘‘shall, acting through the secretaries of the military 

departments, establish not fewer than three’’. 

(b) EXTENSION.—Subsection (f) of such section is amended by 

striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2022’’. 

10 USC 2358 

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SEC. 237. AUTHORITY FOR JOINT DIRECTED ENERGY TRANSITION 

OFFICE TO CONDUCT RESEARCH RELATING TO HIGH POWERED MICROWAVE CAPABILITIES. 

Section 219(b)(3) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) 

is amended by inserting ‘‘, including high-powered microwaves,’’ 

after ‘‘energy systems and technologies’’. 

SEC. 238. JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, AND TRANSITION ACTIVITIES. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

a set of activities within the Department of Defense to coordinate the efforts of the Department to develop, mature, and 

transition artificial intelligence technologies into operational 

use. 

(2) EMPHASIS.—The set of activities established under paragraph (1) shall apply artificial intelligence and machine 

learning solutions to operational problems and coordinate 

activities involving artificial intelligence and artificial intelligence enabled capabilities within the Department. 

(b) DESIGNATION.—Not later than one year after the date of 

the enactment of this Act, the Secretary shall designate a senior 

official of the Department with principal responsibility for the 

coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the 

Department. 

(c) DUTIES.—The duties of the official designated under subsection (b) shall include the following: 

(1) STRATEGIC PLAN.—Developing a detailed strategic plan 

to develop, mature, adopt, and transition artificial intelligence 

technologies into operational use. Such plan shall include the 

following: 

(A) A strategic roadmap for the identification and 

coordination of the development and fielding of artificial 

intelligence technologies and key enabling capabilities. 

(B) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed both 

inside the Department and in other organizations for military missions and business operations. 

(2) ACCELERATION OF DEVELOPMENT AND FIELDING OF

ARTIFICIAL INTELLIGENCE.—To the degree practicable, the designated official shall— 

(A) use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other 

relevant policies of the Department to accelerate the 

development and fielding of artificial intelligence capabilities; 

(B) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit 

research institutions; 

(C) provide technical advice and support to entities 

in the Department and the military departments to optimize the use of artificial intelligence and machine learning 

technologies to meet Department missions; 

10 USC 2358 

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(D) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Department and technical feasibility; 

(E) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial 

intelligence; 

(F) ensure that the Department has appropriate 

workforce and capabilities at laboratories, test ranges, and 

within the organic defense industrial base to support the 

artificial intelligence capabilities and requirements of the 

Department; 

(G) develop classification guidance for all artificial 

intelligence related activities of the Department; 

(H) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Department 

governing the development and use of artificial intelligence 

enabled systems and technologies in operational situations; 

and 

(I) ensure— 

(i) that artificial intelligence programs of each military department and of the Defense Agencies are consistent with the priorities identified under this section; 

and 

(ii) appropriate coordination of artificial intelligence activities of the Department with interagency, 

industry, and international efforts relating to artificial 

intelligence, including relevant participation in standards setting bodies. 

(3) GOVERNANCE AND OVERSIGHT OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING POLICY.—Regularly convening 

appropriate officials across the Department— 

(A) to integrate the functional activities of the organizations and elements of the Department with respect to artificial intelligence and machine learning; 

(B) to ensure there are efficient and effective artificial 

intelligence and machine learning capabilities throughout 

the Department; and 

(C) to develop and continuously improve research, 

innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence 

and machine learning throughout the Department. 

(d) ACCESS TO INFORMATION.—The Secretary shall ensure that 

the official designated under subsection (b) has access to such 

information on programs and activities of the military departments 

and other Defense Agencies as the Secretary considers appropriate 

to carry out the coordination described in subsection (b) and the 

duties set forth in subsection (c). 

(e) STUDY ON ARTIFICIAL INTELLIGENCE TOPICS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the official designated under 

subsection (b) shall— 

(A) complete a study on past and current advances 

in artificial intelligence and the future of the discipline, 

including the methods and means necessary to advance 

the development of the discipline, to comprehensively 


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address the national security needs and requirements of 

the Department; and 

(B) submit to the congressional defense committees 

a report on the findings of the designated official with 

respect to the study completed under subparagraph (A). 

(2) CONSULTATION WITH EXPERTS.—In conducting the study 

required by paragraph (1)(A), the designated official shall consult with experts within the Department, other Federal agencies, academia, any advisory committee established by the Secretary that the Secretary determines appropriate based on the 

duties of the advisory committee and the expertise of its members, and the commercial sector, as the Secretary considers 

appropriate. 

(3) ELEMENTS.—The study required by paragraph (1)(A) 

shall include the following: 

(A) A comprehensive and national-level review of— 

(i) advances in artificial intelligence, machine 

learning, and associated technologies relevant to the 

needs of the Department and the Armed Forces; and 

(ii) the competitiveness of the Department in artificial intelligence, machine learning, and such technologies. 

(B) Near-term actionable recommendations to the Secretary for the Department to secure and maintain technical 

advantage in artificial intelligence, including ways— 

(i) to more effectively organize the Department 

for artificial intelligence; 

(ii) to educate, recruit, and retain leading talent; 

and 

(iii) to most effectively leverage investments in 

basic and advanced research and commercial progress 

in these technologies. 

(C) Recommendations on the establishment of Departmentwide data standards and the provision of incentives 

for the sharing of open training data, including those relevant for research into systems that integrate artificial 

intelligence and machine learning with human teams. 

(D) Recommendations for engagement by the Department with relevant agencies that will be involved with 

artificial intelligence in the future. 

(E) Recommendations for legislative action relating to 

artificial intelligence, machine learning, and associated 

technologies, including recommendations to more effectively 

fund and organize the Department. 

(f) DELINEATION OF DEFINITION OF ARTIFICIAL INTELLIGENCE.— 

Not later than one year after the date of the enactment of this 

Act, the Secretary shall delineate a definition of the term ‘‘artificial 

intelligence’’ for use within the Department. 

(g) ARTIFICIAL INTELLIGENCE DEFINED.—In this section, the 

term ‘‘artificial intelligence’’ includes the following: 

(1) Any artificial system that performs tasks under varying 

and unpredictable circumstances without significant human 

oversight, or that can learn from experience and improve 

performance when exposed to data sets. 

(2) An artificial system developed in computer software, 

physical hardware, or other context that solves tasks requiring 


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human-like perception, cognition, planning, learning, communication, or physical action. 

(3) An artificial system designed to think or act like a 

human, including cognitive architectures and neural networks. 

(4) A set of techniques, including machine learning, that 

is designed to approximate a cognitive task. 

(5) An artificial system designed to act rationally, including 

an intelligent software agent or embodied robot that achieves 

goals using perception, planning, reasoning, learning, communicating, decision making, and acting. 

Subtitle C—Reports and Other Matters 

SEC. 241. REPORT ON SURVIVABILITY OF AIR DEFENSE ARTILLERY. 

(a) REPORT REQUIRED.—Not later than March 1, 2019, the 

Secretary of the Army shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the efforts of the Army to improve the survivability of air 

defense artillery, with a particular focus on the efforts of the Army 

to improve passive and active nonkinetic capabilities and training 

with respect to such artillery. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) An analysis of the utility of relevant passive and active 

non-kinetic integrated air and missile defense capabilities, 

including tactical mobility, new passive and active sensors, 

signature reduction, concealment, and deception systems, and 

electronic warfare and high-powered radio frequency systems. 

(2) An analysis of the utility of relevant active kinetic 

capabilities, such as a new, long-range counter-maneuvering 

threat missile and additional indirect fire protection capability 

units to defend Patriot and Terminal High Altitude Area 

Defense batteries. 

(c) FORM OF REPORT.—The report required under subsection 

(a) shall be submitted in unclassified form, but may contain a 

classified annex. 

SEC. 242. T–45 AIRCRAFT PHYSIOLOGICAL EPISODE MITIGATION 

ACTIONS. 

Section 1063(b) of the National Defense Authorization Act for 

Fiscal Year 2018 (131 Stat. 1576; Public Law 115–91) is amended 

by adding at the end the following new paragraphs: 

‘‘(5) A list of all modifications to the T–45 aircraft and 

associated ground equipment carried out during fiscal years 

2017 through 2019 to mitigate the risk of physiological episodes 

among T–45 crewmembers. 

‘‘(6) The results achieved by the modifications listed pursuant to paragraph (5), as determined by relevant testing and 

operational activities. 

‘‘(7) The cost of the modifications listed pursuant to paragraph (5). 

‘‘(8) Any plans of the Navy for future modifications to 

the T–45 aircraft that are intended to mitigate the risk of 

physiological episodes among T–45 crewmembers.’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1699 

SEC. 243. REPORT ON EFFORTS OF THE AIR FORCE TO MITIGATE 

PHYSIOLOGICAL EPISODES AFFECTING AIRCRAFT CREWMEMBERS. 

(a) REPORT REQUIRED.—Not later than March 1, 2019, the 

Secretary of the Air Force shall submit to the congressional defense 

committees a report on all efforts of the Air Force to reduce the 

occurrence of, and mitigate the risk posed by, physiological episodes 

affecting crewmembers of covered aircraft. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include— 

(1) information on the rate of physiological episodes 

affecting crewmembers of covered aircraft; 

(2) a description of the specific actions carried out by the 

Air Force to address such episodes, including a description 

of any upgrades or other modifications made to covered aircraft 

to address such episodes; 

(3) schedules and cost estimates for any upgrades or modifications identified under paragraph (3); and 

(4) an explanation of any organizational or other changes 

to the Air Force carried out to address such physiological episodes. 

(c) COVERED AIRCRAFT DEFINED.—In this section, the term 

‘‘covered aircraft’’ means— 

(1) F–35A aircraft of the Air Force; 

(2) T–6A aircraft of the Air Force; and 

(3) any other aircraft of the Air Force as determined by 

the Secretary of the Air Force. 

SEC. 244. REPORT ON DEFENSE INNOVATION UNIT EXPERIMENTAL. 

Not later than May 1, 2019, the Under Secretary of Defense 

for Research and Engineering shall submit to the congressional 

defense committees a report on Defense Innovation Unit Experimental (in this section referred to as the ‘‘Unit’’). Such a report 

shall include the following: 

(1) The integration of the Unit into the broader Department 

of Defense research and engineering community to coordinate 

and de-conflict activities of the Unit with similar activities 

of the military departments, Defense Agencies, Department 

of Defense laboratories, the Defense Advanced Research Project 

Agency, the Small Business Innovation Research Program, and 

other entities. 

(2) The metrics used to measure the effectiveness of the 

Unit and the results of these metrics. 

(3) The number and types of transitions by the Unit to 

the military departments or fielded to the warfighter. 

(4) The impact of the Unit’s initiatives, outreach, and 

investments on Department of Defense access to technology 

leaders and technology not otherwise accessible to the Department including— 

(A) identification of— 

(i) the number of non-traditional defense contractors with Department of Defense contracts or other 

transactions resulting directly from the Unit’s initiatives, investments, or outreach; and 

(ii) the number of traditional defense contractors 

with contracts or other transactions resulting directly 

from the Unit’s initiatives; 


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(B) the number of innovations delivered into the hands 

of the warfighter; and 

(C) how the Department is notifying its internal components about participation in the Unit. 

(5) The workforce strategy of the Unit, including whether 

the Unit has appropriate personnel authorities to attract and 

retain talent with technical and business expertise. 

(6) How the Department of Defense is documenting and 

institutionalizing lessons learned and best practices of the Unit 

to alleviate the systematic problems with technology access 

and timely contract or other transaction execution. 

(7) An assessment of management and bureaucratic challenges to the effective and efficient execution of the Unit’s 

missions, especially with respect to contracting and personnel 

management. 

SEC. 245. MODIFICATION OF FUNDING CRITERIA UNDER HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND 

MINORITY INSTITUTIONS PROGRAM. 

Section 2362(d) of title 10, United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘PRIORITY’’ and 

inserting ‘‘CRITERIA’’; and 

(2) by striking ‘‘give priority in providing’’ and inserting 

‘‘limit’’. 

SEC. 246. REPORT ON OA–X LIGHT ATTACK AIRCRAFT APPLICABILITY 

TO PARTNER NATION SUPPORT. 

(a) REPORT REQUIRED.—Not later than February 1, 2019, the 

Secretary of the Air Force shall submit to the congressional defense 

committees a report on the OA–X light attack aircraft experiment 

and how the program incorporates partner nation requirements. 

(b) ELEMENTS.—The report under subsection (a) shall include 

a description of— 

(1) how the OA–X light attack experiment will support 

partner nations’ low-cost counter terrorism light attack capability; 

(2) the extent to which the attributes of affordability, interoperability, sustainability, and simplicity of maintenance and 

operations are included in the requirements for the OA–X; 

and 

(3) how Federal Aviation Administration certification and 

a reasonable path for military type certifications for commercial 

derivative aircraft are factored into foreign military sales for 

a partner nation. 

SEC. 247. REPORTS ON COMPARATIVE CAPABILITIES OF ADVERSARIES 

IN KEY TECHNOLOGY AREAS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall, in 

coordination with the Director of the Defense Intelligence Agency, 

submit to the appropriate committees of Congress a set of classified 

reports that set forth a direct comparison between the capabilities 

of the United States in emerging technology areas and the capabilities of adversaries of the United States in such areas. 

(b) ELEMENTS.—The reports required by subsection (a) shall 

include, for each technology area covered, the following: 

(1) An evaluation of spending by the United States and 

adversaries on such technology. 


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(2) An evaluation of the quantity and quality of research 

on such technology. 

(3) An evaluation of the test infrastructure and workforce 

supporting such technology. 

(4) An assessment of the technological progress of the 

United States and adversaries on such technology. 

(5) Descriptions of timelines for operational deployment 

of such technology. 

(6) An assessment of the intent or willingness of adversaries to use such technology. 

(c) TECHNICAL AREAS.—The Secretary shall ensure that the 

reports submitted under subsection (a) cover the following: 

(1) Hypersonics. 

(2) Artificial intelligence. 

(3) Quantum information science. 

(4) Directed energy weapons. 

(5) Such other emerging technical areas as the Secretary 

considers appropriate. 

(d) COORDINATION.—The Secretary shall prepare the reports 

in coordination with other appropriate officials of the intelligence 

community and with such other partners in the technology areas 

covered by the reports as the Secretary considers appropriate. 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

SEC. 248. REPORT ON ACTIVE PROTECTION SYSTEMS FOR ARMORED 

COMBAT AND TACTICAL VEHICLES. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of the Army shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on technologies related to 

active protection systems (APS) for armored combat and tactical 

vehicles. 

(b) CONTENTS.—The report required by subsection (a) shall 

include the following: 

(1) With respect to the active protection systems that the 

Army has recently tested on the M1A2 Abrams, the M2A3 

Bradley, and the STRYKER, the following: 

(A) An assessment of the effectiveness of such systems. 

(B) Plans of the Secretary to further test such systems. 

(C) Proposals for future development of such systems. 

(D) A timeline for fielding such systems. 

(2) Plans for how the Army will incorporate active protection systems into new armored combat and tactical vehicle 

designs, such as Mobile Protection Firepower (MPF), Armored 

Multi-Purpose Vehicle (AMPV), and Next Generation Combat 

Vehicle (NGCV). 

SEC. 249. NEXT GENERATION COMBAT VEHICLE. 

(a) PROTOTYPE.—The Secretary of the Army shall take appropriate actions to ensure that all necessary resources are planned 


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and programmed for accelerated prototyping, component development, testing, or acquisition for the Next Generation Combat 

Vehicle (NGCV). 

(b) REPORT.— 

(1) IN GENERAL.—Not later than March 1, 2019, the Secretary shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report on the 

development of the Next Generation Combat Vehicle. 

(2) ANALYSIS.— 

(A) IN GENERAL.—The report required by paragraph 

(1) shall include a thorough analysis of the requirements 

of the Next Generation Combat Vehicle. 

(B) RELEVANCE TO NATIONAL DEFENSE STRATEGY.—In 

carrying out subparagraph (A), the Secretary shall ensure 

that the requirements are relevant to the most recently 

published National Defense Strategy. 

(C) THREATS AND TERRAIN.—The Secretary shall ensure 

that the analysis includes consideration of threats and 

terrain. 

(D) COMPONENT TECHNOLOGIES.—The Secretary shall 

ensure that the analysis includes consideration of the latest 

enabling component technologies developed by the Tank 

Automotive, Research, Development, Engineering Center 

of the Army that have the potential to dramatically change 

basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment. 

(c) LIMITATION.—Of the funds authorized to be appropriated 

for fiscal year 2019 by section 201 and available for research, 

development, testing, and evaluation, Army, for the Next Generation Combat Vehicle, not more than 90 percent may be obligated 

or expended until the Secretary submits the report required by 

subsection (b). 

SEC. 250. MODIFICATION OF REPORTS ON MECHANISMS TO PROVIDE 

FUNDS TO DEFENSE LABORATORIES FOR RESEARCH AND 

DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS. 

Subsection (c) of section 2363 of title 10, United States Code, 

is amended to read as follows: 

‘‘(c) RELEASE AND DISSEMINATION OF INFORMATION ON CONTRIBUTIONS FROM USE OF AUTHORITY TO MILITARY MISSIONS.— 

‘‘(1) COLLECTION OF INFORMATION.—The Secretary shall 

establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, 

lessons learned, and challenges arising in the exercise of the 

authority in this section. 

‘‘(2) RELEASE OF INFORMATION.—The Secretary shall establish and maintain mechanisms as follows: 

‘‘(A) Mechanisms for the release to the public of 

information on achievements and best practices described 

in paragraph (1) in unclassified form. 

‘‘(B) Mechanisms for dissemination to appropriate 

civilian and military officials of information on achievements and best practices described in paragraph (1) in 

classified form.’’. 


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SEC. 251. BRIEFINGS ON MOBILE PROTECTED FIREPOWER AND 

FUTURE VERTICAL LIFT PROGRAMS. 

(a) IN GENERAL.—Not later than March 1, 2019, the Secretary 

of the Army shall provide a briefing to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives on the requirements of the Army 

for Mobile Protected Firepower (MPF) and Future Vertical Lift 

(FVL). 

(b) CONTENTS.—The briefing provided pursuant to subsection 

(a) shall include the following: 

(1) With respect to the Mobile Protected Firepower program, the following: 

(A) An explanation of how Mobile Protected Firepower 

could survive against the effects of anti-armor and antiaircraft networks established within anti-access, areadenial defenses. 

(B) An explanation of how Mobile Protected Firepower 

would improve offensive overmatch against a peer 

adversary. 

(C) Details regarding the total number of Mobile Protected Firepower systems needed by the Army. 

(D) An explanation of how the Mobile Protected Firepower system will be logistically supported within light 

formations. 

(E) Plans to integrate active protection systems into 

the designs of the Mobile Protected Firepower program. 

(2) With respect to the Future Vertical Lift program, the 

following: 

(A) An explanation of how Future Vertical Lift could 

survive against the effects of anti-aircraft networks established within anti-access, area-denial defenses. 

(B) An explanation of how Future Vertical Lift would 

improve offensive overmatch against a peer adversary. 

(C) A review of the doctrine, organization, training, 

materiel, leadership, education, personnel, and facilities 

applicable to determine the total number of Future Vertical 

Lift Capability Set 1 or Future Attack Reconnaissance Aircraft (FARA), required by the Army. 

(D) An implementation plan for the establishment of 

Future Vertical Lift, including a timeline for achieving 

initial and full operational capability. 

(E) A description of the budget requirements for Future 

Vertical Lift to reach full operational capability, including 

an identification and cost of any infrastructure and equipment requirements. 

(F) A detailed list of all analysis used to determine 

the priority of Future Vertical Lift and which programs 

were terminated, extended, de-scoped, or delayed in order 

to fund Future Vertical Lift Capability Set 1 or Future 

Attack Reconnaissance Aircraft in the Future Year’s 

Defense Plan. 

(G) An assessment of the analysis of alternatives on 

the Future Vertical Lift Capability Set 3 program. 

(H) An identification of any additional authorities that 

may be required for achieving full operational capability 

of Future Vertical Lift. 


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(I) Any other matters deemed relevant by the Secretary. 

SEC. 252. IMPROVEMENT OF THE AIR FORCE SUPPLY CHAIN. 

(a) IN GENERAL.—The Assistant Secretary of the Air Force 

for Acquisition, Technology, and Logistics may use funds described 

in subsection (b) as follows: 

(1) For nontraditional technologies and sustainment practices (such as additive manufacturing, artificial intelligence, 

predictive maintenance, and other software-intensive and software-defined capabilities) to— 

(A) increase the availability of aircraft to the Air Force; 

and 

(B) decrease backlogs and lead times for the production 

of parts for such aircraft. 

(2) To advance the qualification, certification, and integration of additive manufacturing into the Air Force supply chain. 

(3) To otherwise identify and reduce supply chain risk 

for the Air Force. 

(4) To define workforce development requirements and 

training for personnel who implement and support additive 

manufacturing for the Air Force at the warfighter, end-item 

designer and equipment operator, and acquisition officer levels. 

(b) FUNDING.—Of the amounts authorized to be appropriated 

for fiscal year 2019 by section 201 for research, development, test, 

and evaluation for the Air Force and available for Tech Transition 

Program (Program Element (0604858F)), up to $42,800,000 may 

be available as described in subsection (a). 

SEC. 253. REVIEW OF GUIDANCE ON BLAST EXPOSURE DURING 

TRAINING. 

(a) INITIAL REVIEW.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall review 

the decibel level exposure, concussive effects exposure, and the 

frequency of exposure to heavy weapons fire of an individual during 

training exercises to establish appropriate limitations on such exposures. 

(b) ELEMENTS.—The review required by subsection (a) shall 

take into account current data and evidence on the cognitive effects 

of blast exposure and shall include consideration of the following: 

(1) The impact of exposure over multiple successive days 

of training. 

(2) The impact of multiple types of heavy weapons being 

fired in close succession. 

(3) The feasibility of cumulative annual or lifetime exposure 

limits. 

(4) The minimum safe distance for observers and instructors. 

(c) UPDATED TRAINING GUIDANCE.—Not later than 180 days 

after the date of the completion of the review under subsection 

(a), each Secretary of a military department shall update any relevant training guidance to account for the conclusions of the review. 

(d) UPDATED REVIEW.— 

(1) IN GENERAL.—Not later than two years after the initial 

review conducted under subsection (a), and not later than two 

years thereafter, the Secretary of Defense shall conduct an 

updated review under such subsection, including consideration 

10 USC 2001 

note prec. 


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of the matters set forth under subsection (b), and update 

training guidance under subsection (c). 

(2) CONSIDERATION OF NEW RESEARCH AND EVIDENCE.— Each updated review conducted under paragraph (1) shall take 

into account new research and evidence that has emerged since 

the previous review. 

(e) BRIEFING REQUIRED.—The Secretary of Defense shall brief 

the Committees on Armed Services of the Senate and the House 

of Representatives on a summary of the results of the initial review 

under subsection (a), each updated review conducted under subsection (d), and any updates to training guidance and procedures 

resulting from any such review or updated review. 

SEC. 254. COMPETITIVE ACQUISITION STRATEGY FOR BRADLEY 

FIGHTING VEHICLE TRANSMISSION REPLACEMENT. 

(a) PLAN REQUIRED.—The Secretary of the Army shall develop 

a strategy to competitively procure a new transmission for the 

Bradley Fighting Vehicle family of vehicles. 

(b) ADDITIONAL STRATEGY REQUIREMENTS.—The plan required 

by subsection (a) shall include the following: 

(1) An analysis of the potential cost savings and performance improvements associated with developing or procuring 

a new transmission common to the Bradley Fighting Vehicle 

family of vehicles, including the Armored Multipurpose Vehicle 

and the Paladin Integrated Management artillery system. 

(2) A plan to use full and open competition as required 

by the Federal Acquisition Regulation. 

(c) TIMELINE.—Not later than February 15, 2019, the Secretary 

of the Army shall submit to the congressional defense committees 

the strategy developed under subsection (a). 

(d) LIMITATION.—None of the funds authorized to be appropriated for fiscal year 2019 by this Act for Weapons and Tracked 

Combat Vehicles, Army, may be obligated or expended to procure 

a Bradley Fighting Vehicle replacement transmission until the date 

that is 30 days after the date on which the Secretary of the Army 

submits to the congressional defense committees the plan required 

by subsection (a). 

SEC. 255. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE 

PLANS AND PROGRAMS. 

(a) AGREEMENT.— (1) IN GENERAL.—The Secretary of Defense shall seek to 

enter into an agreement with the private scientific advisory 

group known as ‘‘JASON’’ to perform the services covered by 

this section. 

(2) TIMING.—The Secretary shall seek to enter into the 

agreement described in paragraph (1) not later than 120 days 

after the date of the enactment of this Act. 

(b) INDEPENDENT ASSESSMENT.—Under an agreement between 

the Secretary and JASON under this section, JASON shall— 

(1) assess the strategies, programs, order of battle, and 

doctrine of the Department of Defense related to the electronic 

warfare mission area and electromagnetic spectrum operations; 

(2) assess the strategies, programs, order of battle, and 

doctrine of potential adversaries, such as China, Iran, and 

the Russian Federation, related to the same; 

(3) develop recommendations for improvements to the 

strategies, programs, and doctrine of the Department of Defense 


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in order to enable the United States to achieve and maintain 

superiority in the electromagnetic spectrum in future conflicts; 

and 

(4) develop recommendations for the Secretary, Congress, 

and such other Federal entities as JASON considers appropriate, including recommendations for— 

(A) closing technical, policy, or resource gaps; 

(B) improving cooperation and appropriate integration 

within the Department of Defense entities; 

(C) improving cooperation between the United States 

and other countries and international organizations as 

appropriate; and 

(D) such other important matters identified by JASON 

that are directly relevant to the strategies of the Department of Defense described in paragraph (3). 

(c) LIAISONS.—The Secretary shall appoint appropriate liaisons 

to JASON to support the timely conduct of the services covered 

by this section. 

(d) MATERIALS.—The Secretary shall provide access to JASON 

to materials relevant to the services covered by this section, consistent with the protection of sources and methods and other critically sensitive information. 

(e) CLEARANCES.—The Secretary shall ensure that appropriate 

members and staff of JASON have the necessary clearances, 

obtained in an expedited manner, to conduct the services covered 

by this section. 

(f) REPORT.—Not later than October 1, 2019, the Secretary 

shall submit to the congressional defense committees a report on— 

(1) the findings of JASON with respect to the assessments 

carried out under subsection (b); and 

(2) the recommendations developed by JASON pursuant 

to such subsection. 

(g) ALTERNATE CONTRACT SCIENTIFIC ORGANIZATION.— 

(1) IN GENERAL.—If the Secretary is unable within the 

period prescribed in paragraph (2) of subsection (a) to enter 

into an agreement described in paragraph (1) of such subsection 

with JASON on terms acceptable to the Secretary, the Secretary 

shall seek to enter into such agreement with another appropriate scientific organization that— 

(A) is not part of the government; and 

(B) has expertise and objectivity comparable to that 

of JASON. 

(2) TREATMENT.—If the Secretary enters into an agreement 

with another organization as described in paragraph (1), any 

reference in this section to JASON shall be treated as a reference to the other organization. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Explosive Ordnance Disposal Defense Program. 

Sec. 312. Further improvements to energy security and resilience. 


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Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal 

resources for projects at military installations where resources are located. 

Sec. 314. Operational energy policy. 

Sec. 315. Funding of study and assessment of health implications of per- and 

polyfluoroalkyl substances contamination in drinking water by agency 

for toxic substances and disease registry. 

Sec. 316. Extension of authorized periods of permitted incidental takings of marine 

mammals in the course of specified activities by Department of Defense. 

Sec. 317. Department of Defense environmental restoration programs. 

Sec. 318. Joint study on the impact of wind farms on weather radars and military 

operations. 

Sec. 319. Core sampling at Joint Base San Antonio, Texas. 

Sec. 320. Production and use of natural gas at Fort Knox, Kentucky. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Authorizing use of working capital funds for unspecified minor military 

construction projects related to revitalization and recapitalization of defense industrial base facilities. 

Sec. 322. Examination of Navy vessels. 

Sec. 323. Limitation on length of overseas forward deployment of naval vessels. 

Sec. 324. Temporary modification of workload carryover formula. 

Sec. 325. Limitation on use of funds for implementation of elements of master plan 

for redevelopment of Former Ship Repair Facility in Guam. 

Sec. 326. Business case analysis for proposed relocation of J85 Engine Regional Repair Center. 

Sec. 327. Report on pilot program for micro-reactors. 

Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration, 

and Modernization structure and mechanism. 

Subtitle D—Reports 

Sec. 331. Reports on readiness. 

Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readiness. 

Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations. 

Sec. 334. Surface warfare training improvement. 

Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifications. 

Sec. 336. Report on depot-level maintenance and repair. 

Sec. 337. Report on wildfire suppression capabilities of active and reserve components. 

Sec. 338. Report on relocation of steam turbine production from Nimitz-class and 

Ford-class aircraft carriers and Virginia-class and Columbia-class submarines. 

Sec. 339. Report on Specialized Undergraduate Pilot Training production, 

resourcing, and locations. 

Sec. 340. Report on Air Force airfield operational requirements. 

Sec. 341. Report on Navy surface ship repair contract costs. 

Subtitle E—Other Matters 

Sec. 351. Coast Guard representation on explosive safety board. 

Sec. 352. Transportation to continental United States of retired military working 

dogs outside the continental United States that are suitable for adoption 

in the United States. 

Sec. 353. Scope of authority for restoration of land due to mishap. 

Sec. 354. Repurposing and reuse of surplus Army firearms. 

Sec. 355. Study on phasing out open burn pits. 

Sec. 356. Notification requirements relating to changes to uniform of members of 

the uniformed services. 

Sec. 357. Reporting on future years budgeting by subactivity group. 

Sec. 358. Limitation on availability of funds for service-specific Defense Readiness 

Reporting Systems. 

Sec. 359. Prioritization of environmental impacts for facilities sustainment, restoration, and modernization demolition. 

Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan. 

Sec. 361. U.S. Special Operations Command Civilian Personnel. 


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Subtitle A—Authorization of 

Appropriations 

SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4301. 

Subtitle B—Energy and Environment 

SEC. 311. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. 

(a) IN GENERAL.—Chapter 136 of title 10, United States Code, 

as amended by section 851, is further amended by inserting after 

section 2283, as added by such section 851, the following new 

section: 

‘‘SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary of Defense shall carry out 

a program to be known as the ‘Explosive Ordnance Disposal Defense 

Program’ (in this section referred to as the ‘Program’) under which 

the Secretary shall ensure close and continuous coordination 

between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional 

combatant commands. 

‘‘(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—The plan 

under subsection (a) shall include provisions under which— 

‘‘(1) the Secretary of Defense shall— 

‘‘(A) assign the responsibility for the direction, 

coordination, integration of the Program within the Department of Defense to an Assistant Secretary of Defense; 

‘‘(B) the Assistant Secretary of Defense to whom 

responsibility is assigned under paragraph (1) shall serve 

as the key individual for the Program responsible for developing and overseeing policy, plans, programs, and budgets, 

and issuing guidance and providing direction on Department of Defense explosive ordnance disposal activities; 

‘‘(C) designate the Secretary of the Navy, or a designee 

of the Secretary’s choice, as the executive agent for the 

Department of Defense responsible for providing oversight 

of the joint program executive officer who coordinates and 

integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test, 

and evaluation and procurement activities on behalf of 

the military departments and combatant commands with 

respect to explosive ordnance disposal; 

‘‘(D) designate a combat support agency to exercise 

fund management responsibility of the Department of 

Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation, transactions other than contracts, cooperative agreements, and 

grants related to section 2371 of this title during research 

projects including rapid prototyping and limited procurement urgent activities, and acquisition; and 

10 USC 2284. 


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‘‘(E) designate an Army explosive ordnance disposalqualified general officer from the combat support agency 

designated under subparagraph (D) to serve as the Chairman of the Department of Defense explosive ordnance disposal defense program board; and 

‘‘(2) the Secretary of each military department shall assess 

the needs of the military department concerned with respect 

to explosive ordnance disposal and may carry out research, 

development, test, and evaluation activities, including other 

transactions and procurement activities to address military 

department unique needs such as weapon systems, manned 

and unmanned vehicles and platforms, cyber and communication equipment, and the integration of explosive ordnance disposal sets, kits and outfits and explosive ordnance disposal 

tools, equipment, sets, kits, and outfits developed by the department. 

‘‘(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.— ‘‘(1) For fiscal year 2021 and each fiscal year thereafter, 

the Secretary of Defense shall submit to Congress with the 

defense budget materials a consolidated budget justification 

display, in classified and unclassified form, that includes all 

of activities of the Department of Defense relating to the Program. 

‘‘(2) The budget display under paragraph (1) for a fiscal 

year shall include a single program element for each of the 

following: 

‘‘(A) Civilian and military pay. 

‘‘(B) Research, development, test, and evaluation. 

‘‘(C) Procurement. 

‘‘(D) Other transaction agreements. 

‘‘(E) Military construction. 

‘‘(3) The budget display shall include funding data for each 

of the military department’s respective activities related to 

explosive ordnance disposal, including— 

‘‘(A) operation and maintenance; and 

‘‘(B) overseas contingency operations.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter, as amended by section 851, is further amended 

by inserting after the item relating to section 2283, as added by 

such section 851, the following new section: 

‘‘2284. Explosive Ordnance Disposal Defense Program.’’. 

SEC. 312. FURTHER IMPROVEMENTS TO ENERGY SECURITY AND RESILIENCE. 

(a) ENERGY POLICY AUTHORITY.—Section 2911(b) of title 10, 

United States Code, is amended— 

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; and 

(2) by inserting before paragraph (3), as so redesignated, 

the following new paragraphs: 

‘‘(1) establish metrics and standards for the assessment 

of energy resilience; 

‘‘(2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy 

power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by 

the Secretary of Defense;’’. 

10 USC 2281 

prec. 


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(b) REPORTING ON ENERGY SECURITY AND RESILIENCE GOALS.— Section 2911(c) of title 10, United States Code, is amended by 

adding at the end the following new paragraph: 

‘‘(3) The Secretary of Defense shall include the energy security 

and resilience goals of the Department of Defense in the installation 

energy report submitted under section 2925(a) of this title for 

fiscal year 2018 and every fiscal year thereafter. In the development 

of energy security and resilience goals, the Department of Defense 

shall conform with the definitions of energy security and resilience 

under this title. The report shall include the amount of critical 

energy load, together with the level of availability and reliability 

by fiscal year the Department of Defense deems necessary to achieve 

energy security and resilience.’’. 

(c) REPORTING ON INSTALLATIONS ENERGY MANAGEMENT, ENERGY RESILIENCE, AND MISSION ASSURANCE.—Section 2925(a) 

of title 10, United States Code, is amended— 

(1) by inserting ‘‘, including progress on energy resilience 

at military installations according to metrics developed by the 

Secretary’’ after ‘‘under section 2911 of this title’’; 

(2) in paragraph (3), by striking ‘‘the mission requirements 

associated with disruption tolerances based on risk to mission’’ 

and inserting ‘‘the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk 

tolerances’’; 

(3) in paragraph (4), by inserting ‘‘(including critical energy 

loads in megawatts and the associated downtime tolerances 

for critical energy loads)’’ after ‘‘energy requirements and critical energy requirements’’; 

(4) by redesignating paragraph (5) as paragraph (7); and 

(5) by inserting after paragraph (4) the following new paragraphs: 

‘‘(5) A list of energy resilience projects awarded by the 

Department of Defense by military department and military 

installation, whether appropriated or alternative financed for 

the reporting fiscal year, including project description, award 

date, the critical energy requirements serviced (including critical energy loads in megawatts), expected reliability of the 

project (as indicated in the awarded contract), life cycle costs, 

savings to investment, fuel type, and the type of appropriation 

or alternative financing used. 

‘‘(6) A list of energy resilience projects planned by the 

Department of Defense by military department and military 

installation, whether appropriated or alternative financed for 

the next two fiscal years, including project description, fuel 

type, expected award date, and the type of appropriation or 

alternative financing expected for use.’’. 

(d) INCLUSION OF ENERGY SECURITY AND RESILIENCE AS PRIORITIES IN CONTRACTS FOR ENERGY OR FUEL FOR MILITARY INSTALLATIONS.—Section 2922a(d) of title 10, United States Code, is amended 

to read as follows: 

‘‘(d) The Secretary concerned shall ensure energy security and 

resilience are prioritized and included in the provision and operation 

of energy production facilities under this section.’’. 

(e) CONVEYANCE AUTHORITY FOR UTILITY SYSTEMS.—Section 

2688 of title 10, United States Code, is amended— 

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

‘‘The business case analysis must also demonstrate how a 


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privatized system will operate in a manner consistent with 

subsection (g)(3).’’; and 

(2) in subsection (g)(3)— 

(A) by striking ‘‘may require’’ and inserting ‘‘shall 

require’’; and 

(B) by striking ‘‘consistent with energy resilience 

requirements and metrics’’ and inserting ‘‘consistent with 

energy resilience and cybersecurity requirements and associated metrics’’. 

(f) MODIFICATION OF ENERGY RESILIENCE DEFINITION.—Section 

101(e)(6) of title 10, United States Code, is amended by striking 

‘‘task critical assets and other’’. 

(g) AUTHORITY TO ACCEPT ENERGY PERFORMANCE FINANCIAL

INCENTIVES FROM STATE AND LOCAL GOVERNMENTS.—Section 

2913(c) of title 10, United States Code, is amended by inserting 

‘‘a State or local government’’ after ‘‘generally available from’’. 

(h) USE OF ENERGY COST SAVINGS TO IMPLEMENT ENERGY

RESILIENCE AND ENERGY CONSERVATION CONSTRUCTION

PROJECTS.—Section 2912(b)(1) of title 10, United States Code, is 

amended by inserting ‘‘, including energy resilience and energy 

conservation construction projects,’’ after ‘‘energy security measures’’. 

(i) ADDITIONAL BASIS FOR PRESERVATION OF PROPERTY IN THE

VICINITY OF MILITARY INSTALLATIONS IN AGREEMENTS WITH NONFEDERAL ENTITIES ON USE OF SUCH PROPERTY.—Section 

2684a(a)(2)(B) of title 10, United States Code, is amended— 

(1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i)’’; and 

(2) by adding at the end of the following new clause: 

‘‘(ii) maintains or improves military installation resilience; or’’. 

SEC. 313. USE OF PROCEEDS FROM SALES OF ELECTRICAL ENERGY 

DERIVED FROM GEOTHERMAL RESOURCES FOR 

PROJECTS AT MILITARY INSTALLATIONS WHERE 

RESOURCES ARE LOCATED. 

Subsection (b) of section 2916 of title 10, United States Code, 

is amended— 

(1) in paragraph (1), by striking ‘‘Proceeds’’ and inserting 

‘‘Except as provided in paragraph (3), proceeds’’; and 

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

‘‘(3) In the case of proceeds from a sale of electrical energy 

generated from any geothermal energy resource— 

‘‘(A) 50 percent shall be credited to the appropriation 

account described in paragraph (1); and 

‘‘(B) 50 percent shall be deposited in a special account 

in the Treasury established by the Secretary concerned which 

shall be available, for military construction projects described 

in paragraph (2) or for installation energy or water security 

projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in 

which the geothermal energy resource is located.’’. 

SEC. 314. OPERATIONAL ENERGY POLICY. 

(a) IN GENERAL.—Section 2926 of title 10, United States Code, 

is amended— 

(1) by redesignating subsections (a), (b), (c), and (d) as 

subsections (c), (d), (e), (f), respectively; 


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(2) by inserting before subsection (c), as redesignated by 

paragraph (1), the following new subsections: 

‘‘(a) OPERATIONAL ENERGY POLICY.—In carrying out section 

2911(a) of this title, the Secretary of Defense shall ensure the 

types, availability, and use of operational energy promote the readiness of the armed forces for their military missions. 

‘‘(b) AUTHORITIES.—The Secretary of Defense may— 

‘‘(1) require the Secretary of a military department or the 

commander of a combatant command to assess the energy 

supportability of systems, capabilities, and plans; 

‘‘(2) authorize the use of energy security, cost of backup 

power, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and 

‘‘(3) in selecting equipment that will use operational energy, 

give favorable consideration to the acquisition of equipment 

that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities.’’; and 

(3) in subsection (c), as redesignated by subparagraph (A)— 

(A) in the subsection heading, by striking ‘‘ALTERNATIVE FUEL ACTIVITIES’’ and inserting ‘‘FUNCTIONS OF THE

ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT’’; 

(B) by striking ‘‘heads of the military departments 

and the Assistant Secretary of Defense for Research and 

Engineering’’ and inserting ‘‘heads of the appropriate 

Department of Defense components’’; 

(C) in paragraph (1), by striking ‘‘lead the alternative 

fuel activities’’ and inserting ‘‘oversee the operational 

energy activities’’; 

(D) in paragraph (2), by striking ‘‘regarding the 

development of alternative fuels by the military departments and the Office of the Secretary of Defense’’ and 

inserting ‘‘regarding the policies and investments that 

affect the use of operational energy across the Department 

of Defense’’; 

(E) in paragraph (3), by striking ‘‘prescribe policy to 

streamline the investments in alternative fuel activities 

across the Department of Defense’’ and inserting ‘‘recommend to the Secretary policy to improve warfighting 

capability through energy security and energy resilience’’; 

and 

(F) in paragraph (5), by striking ‘‘subsection (c)(4)’’ 

and inserting ‘‘subsection (e)(4)’’. 

(b) CONFORMING AMENDMENTS.—(1) Section 2925(b)(1) of title 

10, United States Code, is amended by striking ‘‘section 2926(b)’’ 

and inserting ‘‘section 2926(d)’’. 

(2) Section 1061(c)(55) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 

note) is amended by striking ‘‘Section 2926(c)(4)’’ and inserting 

‘‘Section 2926(e)(4)’’. 


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SEC. 315. FUNDING OF STUDY AND ASSESSMENT OF HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES 

CONTAMINATION IN DRINKING WATER BY AGENCY FOR 

TOXIC SUBSTANCES AND DISEASE REGISTRY. 

(a) FUNDING.—Paragraph (2) of section 316(a) of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91) is amended to read as follows: 

‘‘(2) FUNDING.— 

‘‘(A) SOURCE OF FUNDS.—The study and assessment 

performed pursuant to this section may be paid for using 

funds authorized to be appropriated to the Department 

of Defense under the heading ‘Operation and Maintenance, 

Defense-Wide’. 

‘‘(B) TRANSFER AUTHORITY.—(i) Of the amounts authorized to be appropriated for the Department of Defense 

for fiscal year 2018, not more than $10,000,000 shall be 

transferred by the Secretary of Defense, without regard 

to section 2215 of title 10, United States Code, to the 

Secretary of Health and Human Services to pay for the 

study and assessment required by this section. 

‘‘(ii) Without regard to section 2215 of title 10, United 

States Code, the Secretary of Defense may transfer not 

more than $10,000,000 a year during fiscal years 2019 

and 2020 to the Secretary of Health and Human Services 

to pay for the study and assessment required by this section. 

‘‘(C) EXPENDITURE AUTHORITY.—Amounts transferred 

to the Secretary of Health and Human Services shall be 

used to carry out the study and assessment under this 

section through contracts, cooperative agreements, or 

grants. In addition, such funds may be transferred by the 

Secretary of Health and Human Services to other accounts 

of the Department for the purposes of carrying out this 

section. 

‘‘(D) RELATIONSHIP TO OTHER TRANSFER AUTHORITIES.— 

The transfer authority provided under this paragraph is 

in addition to any other transfer authority available to 

the Department of Defense.’’. 

(b) REPORT TO CONGRESS ON DEPARTMENT OF DEFENSE ASSESSMENT AND REMEDIATION PLAN.—Not later than 180 days after the 

date on which the Administrator of the Environmental Protection 

Agency establishes a maximum contaminant level for per- and 

polyfluoroalkyl substances (PFAS) contamination in drinking water 

in a national primary drinking water regulation under section 1412 

of the Safe Drinking Water Act (42 U.S.C. 300g-1), the Secretary 

of Defense shall submit to the congressional defense committees 

a report containing a plan to— 

(1) assess any contamination at Department of Defense 

installations and surrounding communities that may have 

occurred from PFAS usage by the Department of Defense; 

(2) identify any remediation actions the Department plans 

to undertake using the maximum contaminant level established 

by the Environmental Protection Agency; 

(3) provide an estimate of the cost of such remediation 

and a schedule for accomplishing such remediation; and 


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132 STAT. 1714 PUBLIC LAW 115–232—AUG. 13, 2018 

(4) provide an assessment of past expenditures by local 

water authorities to address contamination before the Environmental Protection Agency established a maximum contaminant 

level and an estimate of the cost to reimburse communities 

that remediated water to a level not greater than such level. 

(c) ASSESSMENT OF HEALTH EFFECTS OF PFAS EXPOSURE.— The Secretary of Defense shall conduct an assessment of the human 

health implications of PFAS exposure. Such assessment shall 

include— 

(1) a meta-analysis that considers the current scientific 

evidence base linking the health effects of PFAS on individuals 

who served as members of the Armed Forces and were exposed 

to PFAS at military installations; 

(2) an estimate of the number of members of the Armed 

Forces and veterans who may have been exposed to PFAS 

while serving in the Armed Forces; 

(3) the development of a process that would facilitate the 

transfer between the Department of Defense and the Department of Veterans Affairs of health information of individuals 

who served in the Armed Forces and may have been exposed 

to PFAS during such service; and 

(4) a description of the amount of funding that would 

be required to administer a potential registry of individuals 

who may have been exposed to PFAS while serving in the 

Armed Forces. 

SEC. 316. EXTENSION OF AUTHORIZED PERIODS OF PERMITTED INCIDENTAL TAKINGS OF MARINE MAMMALS IN THE COURSE 

OF SPECIFIED ACTIVITIES BY DEPARTMENT OF DEFENSE. 

Section 101(a)(5)(A) of the Marine Mammal Protection Act of 

1972 (16 U.S.C. 1371(a)(5)(A)) is amended— 

(1) in clause (i), by striking ‘‘Upon request’’ and inserting 

‘‘Except as provided by clause (ii), upon request’’; 

(2) by redesignating clauses (ii) and (iii) as clauses (iii) 

and (iv), respectively; and 

(3) by inserting after clause (i) the following new clause 

(ii): 

‘‘(ii) In the case of a military readiness activity (as defined 

in section 315(f) of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703 

note), clause (i) shall be applied— 

‘‘(I) in the matter preceding clause (I), by substituting 

‘seven consecutive years’ for ‘five consecutive years’; and 

‘‘(II) in clause (I), by substituting ‘seven-year’ for ‘fiveyear’.’’. 

SEC. 317. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION 

PROGRAMS. 

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

(1) The Department of Defense has identified nearly 39,500 

sites that fall under the installation restoration program sites 

and munitions response sites. 

(2) The installation response program addresses contamination from hazardous substances, pollutants, or contaminants 

and active military installations, formerly used defense site 

properties, and base realignment and closure locations in the 

United States. 


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(3) Munitions response sites are known or suspected to 

contain unexploded ordnance, discarded military munitions, or 

munitions constitutes are addressed through the military munitions response program. 

(4) The installation restoration program sites and munitions response sites have had significant impacts on state and 

local governments that have had to bear the increased costs 

of environmental degradation, notably groundwater contamination, and local populations that have had to live with the 

consequences of contaminated drinking, including increased 

health concerns and decreasing property values. 

(5) Through the end of fiscal year 2017, the Department 

of Defense had achieved response complete at 86 percent of 

installation restoration program sites and munitions response 

sites, but projects that it will fall short of meeting its goal 

of 90 percent by the end of fiscal year 2018. 

(6) The fiscal year 2019 budget request for environmental 

restoration and base realignment and closure amounted to 

nearly $1,318,320,000, a decrease of $53,429,000 from the 

amount authorized in the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91). 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the environmental restoration and base realignment 

and closure programs are important for the protection of the 

environment, the health of the military and civilian personnel 

and their families who live and work on military installations, 

to ensure that current and legacy military operations do not 

adversely affect the health or environments of surrounding 

communities; 

(2) the Department of Defense and the Armed Forces should 

seek to reduce the financial burden on state and local government who are bearing significant costs of cleanup stemming 

from defense related activities; 

(3) the Department of Defense and the Armed Forces should 

expedite and streamline cleanup at locations where contamination is having a direct impact on civilian access to clean 

drinking water; 

(4) the Department of Defense and the Armed Forces should 

continue to engage with and help allay local community concerns about the safety of the drinking water due to environmental degradation caused by defense related activities; and 

(5) the Department of Defense should seek opportunities 

to accelerate environmental restoration efforts where feasible, 

to include programming additional resources for response 

actions, investing in technology solutions that may expedite 

response actions, improving contracting procedures, increasing 

contracting capacity, and seeking opportunities for partnerships 

and other cooperative approaches. 

SEC. 318. JOINT STUDY ON THE IMPACT OF WIND FARMS ON WEATHER 

RADARS AND MILITARY OPERATIONS. 

(a) IN GENERAL.—The Secretary of Defense shall enter into 

an arrangement with the National Oceanic and Atmospheric 

Administration to conduct a study on how to improve existing 

National Oceanic and Atmospheric Administration and National 

Weather Service tools to reflect the latest data and policies to 

improve consistency in weather radars, with a focus on a research 


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and development and field test evaluation program to validate 

existing mitigation options and develop additional options for 

weather radar impact, in collaboration with the National Weather 

Service, the Department of Energy, and the Federal Aviation 

Administration, and with input from academia and industry. 

(b) ELEMENTS.—The study required pursuant to subsection (a) 

shall include the following: 

(1) The potential impacts of wind farms on NEXRAD radars 

and other Federal radars for weather forecasts and warnings 

used by the Department of Defense, the National Oceanic and 

Atmospheric Administration, and the National Weather Service. 

(2) Recommendations to reduce, mitigate, or eliminate the 

potential impacts. 

(3) Recommendations for addressing the impacts to 

NEXRADs and weather radar due to increasing turbine heights. 

(4) Recommendations to ensure wind farms do not impact 

the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast 

hazardous weather. 

(5) The cumulative impacts of multiple wind farms near 

a single radar on the ability of the National Oceanic and 

Atmospheric Administration and the National Weather Service 

to warn or forecast hazardous weather. 

(6) An analysis of whether certain wind turbine projects, 

based on project layout, turbine orientation, number of turbines, 

density of turbines, proximity to radar, or turbine height result 

in greater impacts to the missions of Department of Defense, 

the National Oceanic and Atmospheric Administration, and 

the National Weather Service, and if so, how can those projects 

be better cited to reduce or eliminate NEXRAD impacts. 

(7) Case studies where the Department of Defense, the 

National Weather Service, and industry have worked together 

to implement solutions. 

(8) Mitigation options, including software and hardware 

upgrades, which the National Oceanic and Atmospheric 

Administration and the National Weather Service have 

researched and analyzed, and the results of such research 

and analysis. 

(9) A review of mitigation research performed to date by 

the Government and or academia. 

(10) Identification of future research opportunities, requirements, and recommendations for the SENSR program to mitigate energy development. 

(c) SUBMITTAL TO CONGRESS.—Not later than 12 months after 

the date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees a report on the study 

conducted pursuant to subsection (a). 

SEC. 319. CORE SAMPLING AT JOINT BASE SAN ANTONIO, TEXAS. 

(a) SITE INVESTIGATION REQUIRED.—The Secretary of the Air 

Force shall conduct a core sampling study along the proposed route 

of the W–6 wastewater treatment line on Air Force real property, 

in compliance with best engineering practices, to determine if any 

regulated or hazardous substances are present in the soil along 

the proposed route. 

(b) REPORT REQUIRED.—Not later than 15 months after the 

date of the enactment of this Act, the Secretary of the Air Force 


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shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the results of the 

core samples taken pursuant to subsection (a). 

SEC. 320. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX, 

KENTUCKY. 

(a) AUTHORITY.— (1) IN GENERAL.—The Secretary of the Army is authorized 

to continue production, treatment, management, and use of 

the natural gas from covered wells at Fort Knox, without regard 

to section 3 of the Mineral Leasing Act for Acquired Lands 

(30 U.S.C. 352), with the limitation that the Secretary of the 

Army shall comply with the Mineral Leasing Act, Mineral 

Leasing Act for Acquired Lands, and the Federal Oil and Gas 

Royalty Management Act, for additional oil or natural gas 

drilling operations and production activities beyond the production from the covered wells at Fort Knox. 

(2) CONTRACT AUTHORITY.—The Secretary is authorized to 

enter into a contract with an appropriate entity to carry out 

paragraph (1), with the limitation that the authority provided 

in this section does not affect or authorize any interference 

with the Muldraugh Gas Storage Facility at Fort Knox. 

(b) ROYALTIES TO THE STATE OF KENTUCKY.— 

(1) IN GENERAL.—In implementing this section— 

(A) The Secretary of the Interior shall calculate the 

value of royalty payments, calculated on a calendar year 

basis beginning on the date of enactment of this section, 

that the State of Kentucky would have received under 

the Mineral Leasing Act for Acquired Lands (30 U.S.C. 

352) for future natural gas produced at Fort Knox under 

the authority of this section as though the natural gas 

had been produced under the Mineral Leasing Act for 

Acquired Lands, and provide the calculation to the Secretary of the Army. 

(B) Upon request of the Secretary of the Interior, the 

Secretary of the Army or its contractor shall promptly 

provide all information, documents, or other materials the 

Secretary of the Interior deems necessary to conduct this 

calculation. 

(C) The Secretary of the Army shall pay to the 

Treasury of the United States the value of royalty calculated under this section upon receipt of the calculation 

from the Secretary of the Interior. 

(D) The Secretary of the Interior shall disburse the 

sums collected from the Secretary of the Army pursuant 

to this paragraph to the State of Kentucky as though 

the funds were being disbursed to the State under section 

6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 

355) no later than 6 months after the date of the enactment 

of this Act. 

(E) Regardless of the value of the royalty payments 

calculated under subparagraph (A), in no case may the 

amount of the sums disbursed under subparagraph (D) 

for any calendar year exceed $49,000. 

(2) WAIVER AUTHORITY.—The Governor of Kentucky may 

waive paragraph (1) by providing written notice to the Secretary 

of the Interior to that effect. 


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(c) OWNERSHIP OF FACILITIES.—The Secretary of the Army may 

take ownership of any gas production and treatment equipment 

and facilities and associated infrastructure from an entity with 

which the Secretary has entered into a contract under subsection 

(a) in accordance with the terms of the contract. The Secretary 

of the Interior shall have no responsibility for the plugging and 

abandonment of the covered wells at Fort Knox, the reclamation 

of the covered wells at Fort Knox, or any environmental damage 

caused or associated with the production of the covered wells at 

Fort Knox. 

(d) APPLICABILITY.—The authority of the Secretary of the Army 

under this section is effective as of August 2, 2007. 

(e) LIMITATION ON USES.—Any natural gas produced under 

the authority of this section may be used only to support energy 

security and energy resilience at Fort Knox. For purposes of this 

section, energy security and energy resilience include maintaining 

and continuing to produce natural gas from the covered wells at 

Fort Knox, and enhancing the Fort Knox energy grid through 

acquisition and maintenance of battery storage, loop transmission 

lines and pipelines, sub-stations, and automated circuitry. 

(f) SAFETY STANDARDS FOR GAS WELLS.—The covered wells 

at Fort Knox shall meet the same technical installation and operating standards that they would have had to meet had they been 

installed under a lease pursuant to the Mineral Leasing Act for 

Acquired Lands. Such standards include the gas measurement 

requirements in the Federal Oil and Gas Royalty Management 

Act and the operational standards in the Onshore Oil and Gas 

Operating and Production regulations issued by the Bureau of 

Land Management. The Bureau of Land Management shall inspect 

and enforce the Army’s and its contractor’s compliance with the 

standards of the Mineral Leasing Act for Acquired Lands, the 

Federal Oil and Gas Royalty Management Act, and the Bureau 

of Land Management Onshore Oil and Gas Operating and Production regulations. 

(g) COVERED WELLS AT FORT KNOX.—In this section, the term 

‘‘covered wells at Fort Knox’’ means the 26 wells located at Fort 

Knox, Kentucky, as of the date of the enactment of this Act. 

Subtitle C—Logistics and Sustainment 

SEC. 321. AUTHORIZING USE OF WORKING CAPITAL FUNDS FOR 

UNSPECIFIED MINOR MILITARY CONSTRUCTION 

PROJECTS RELATED TO REVITALIZATION AND RECAPITALIZATION OF DEFENSE INDUSTRIAL BASE FACILITIES. 

Section 2208 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(u) USE FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION

PROJECTS TO REVITALIZE AND RECAPITALIZE DEFENSE INDUSTRIAL

BASE FACILITIES.—(1) The Secretary of a military department may 

use a working capital fund of the department under this section 

to carry out an unspecified minor military construction project 

under section 2805 for the revitalization and recapitalization of 

a defense industrial base facility owned by the United States and 

under the jurisdiction of the Secretary. 


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‘‘(2) Section 2805 shall apply with respect to a project carried 

out with a working capital fund under the authority of this subsection in the same manner as such section applies to any unspecified minor military construction project under section 2805. 

‘‘(3) In this subsection, the term ‘defense industrial base facility’ 

means any Department of Defense depot, arsenal, shipyard, or 

plant located within the United States. 

‘‘(4) The authority to use a working capital fund to carry out 

a project under the authority of this subsection expires on September 30, 2023.’’. 

SEC. 322. EXAMINATION OF NAVY VESSELS. 

(a) NOTICE OF EXAMINATIONS.—Subsection (a) of section 7304 

of title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Secretary’’; and 

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

‘‘(2)(A) Except as provided in subparagraph (B), any naval 

vessel examined under this section on or after January 1, 2020, 

shall be examined with minimal notice provided to the crew of 

the vessel. 

‘‘(B) Subparagraph (A) shall not apply to a vessel undergoing 

necessary trials before acceptance into the fleet.’’. 

(b) ANNUAL REPORT.—Such section is further amended by 

adding at the end the following new subsection: 

‘‘(d) ANNUAL REPORT.—(1) Not later than March 1 each year, 

the board designated under subsection (a) shall submit to the 

congressional defense committees a report setting forth the following: 

‘‘(A) An overall narrative summary of the material readiness of Navy ships as compared to established material requirements standards. 

‘‘(B) The overall number and types of vessels inspected 

during the preceding fiscal year. 

‘‘(C) For in-service vessels, material readiness trends by 

inspected functional area as compared to the previous five 

years. 

‘‘(2) Each report under this subsection shall be submitted in 

an unclassified form that is releasable to the public without further 

redaction. 

‘‘(3) No report shall be required under this subsection after 

October 1, 2021.’’. 

SEC. 323. LIMITATION ON LENGTH OF OVERSEAS FORWARD DEPLOYMENT OF NAVAL VESSELS. 

(a) LIMITATION.— 

(1) IN GENERAL.—Chapter 633 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 7320. Limitation on length of overseas forward deployment 

of naval vessels 

‘‘(a) LIMITATION.—The Secretary of the Navy shall ensure that 

no naval vessel specified in subsection (b) that is listed in the 

Naval Vessel Register is forward deployed overseas for a period 

in excess of ten years. At the end of a period of overseas forward 

deployment, the vessel shall be assigned a homeport in the United 

States. 

10 USC 7320. 


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‘‘(b) VESSELS SPECIFIED.—A naval vessel specified in this subsection is any of the following: 

‘‘(1) Aircraft carrier. 

‘‘(2) Amphibious ship. 

‘‘(3) Cruiser. 

‘‘(4) Destroyer. 

‘‘(5) Frigate. 

‘‘(6) Littoral Combat Ship. 

‘‘(c) WAIVER.—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the 

Secretary submits to the congressional defense committees notice 

in writing of— 

‘‘(1) the waiver of such limitation with respect to the vessel; 

‘‘(2) the date on which the period of overseas forward 

deployment of the vessel is expected to end; and 

‘‘(3) the factors used by the Secretary to determine that 

a longer period of deployment would promote the national 

defense or be in the public interest.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new section: 

‘‘7320. Limitation on length of overseas forward deployment of naval vessels.’’. 

(b) TREATMENT OF CURRENTLY DEPLOYED VESSELS.—In the case 

of any naval vessel that has been forward deployed overseas for 

a period in excess of ten years as of the date of the enactment 

of this Act, the Secretary of the Navy shall ensure that such 

vessel is assigned a homeport in the United States by not later 

than three years after the date of the enactment of this Act. 

(c) CONGRESSIONAL BRIEFING.—Not later than October 1, 2020, 

the Secretary of the Navy shall provide to the Committees on 

Armed Services of the Senate and House of Representatives a 

briefing on the plan of the Secretary for the rotation of forward 

deployed naval vessels. 

SEC. 324. TEMPORARY MODIFICATION OF WORKLOAD CARRYOVER 

FORMULA. 

During the period beginning on the date of the enactment 

of this Act and ending on September 30, 2021, in carrying out 

chapter 9, volume 2B (relating to Instructions for the Preparation 

of Exhibit Fund-11a Carryover Reconciliation) of Department of 

Defense regulation 7000.14-R, entitled ‘‘Financial Management 

Regulation (FMR)’’, in addition to any other applicable exemptions, 

the Secretary of Defense shall ensure that with respect to each 

military department depot or arsenal, outlay rates— 

(1) reflect the timing of when during a fiscal year appropriations have historically funded workload; and 

(2) account for the varying repair cycle times of the workload supported. 

SEC. 325. LIMITATION ON USE OF FUNDS FOR IMPLEMENTATION OF 

ELEMENTS OF MASTER PLAN FOR REDEVELOPMENT OF 

FORMER SHIP REPAIR FACILITY IN GUAM. 

(a) LIMITATION.—Except as provided in subsection (b), none 

of the funds authorized to be appropriated by this Act or otherwise 

made available for the Navy for fiscal year 2019 may be obligated 

or expended for any construction, alteration, repair, or development 

10 USC 7320 

note. 

10 USC 7291 

prec. 


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of the real property consisting of the Former Ship Repair Facility 

in Guam. 

(b) EXCEPTION.—The limitation under subsection (a) does not 

apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock. 

(c) FORMER SHIP REPAIR FACILITY IN GUAM.—In this section, 

the term ‘‘Former Ship Repair Facility in Guam’’ means the property 

identified by that name under the base realignment and closure 

authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 

10 U.S.C. 2687 note). 

SEC. 326. BUSINESS CASE ANALYSIS FOR PROPOSED RELOCATION OF 

J85 ENGINE REGIONAL REPAIR CENTER. 

(a) BUSINESS CASE ANALYSIS.—The Secretary of the Air Force 

shall prepare a business case analysis on the proposed relocation 

of the J85 Engine Regional Repair Center. Such analysis shall 

include each of the following: 

(1) An overview of each alternative considered for the J85 

Engine Regional Repair Center. 

(2) The one-time and annual costs associated with each 

such alternative. 

(3) The effect of each such alternative on workload capacity, 

capability, schedule, throughput, and costs. 

(4) The effect of each such alternative on Governmentfurnished parts, components, and equipment, including mitigation strategies to address known limitations to T38 production 

throughput, especially such limitations caused by Governmentfurnished parts, equipment, or transportation. 

(5) The effect of each such alternative on the transition 

of the Air Force to the T-X training aircraft. 

(6) A detailed rationale for the selection of an alternative 

considered as part of the business case analysis under this 

section. 

(b) LIMITATION ON USE OF FUNDS FOR RELOCATION.—None of 

the funds authorized to be appropriated by this Act, or otherwise 

made available for the Air Force, may be obligated or expended 

for any action to relocate the J85 Engine Regional Repair Center 

until the date that is 150 days after the date on which the Secretary 

of the Air Force provides to the Committees on Armed Services 

of the Senate and House of Representatives a briefing on the 

business case analysis required by subsection (a). 

SEC. 327. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS. 

(a) REPORT REQUIRED.—Not later than 12 months after the 

date of enactment of this Act, the Secretary shall develop and 

submit to the Committee on Armed Services and the Committee 

on Energy and Commerce in the House of Representatives and 

the Committee on Armed Services and the Committee on Energy 

and Natural Resources in the Senate a report describing the requirements for, and components of, a pilot program to provide resilience 

for critical national security infrastructure at Department of 

Defense facilities with high energy intensity and currently expensive utility rates and Department of Energy facilities by contracting 

with a commercial entity to site, construct, and operate at least 

one licensed micro-reactor at a facility identified under the report 

by December 31, 2027. 


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132 STAT. 1722 PUBLIC LAW 115–232—AUG. 13, 2018 

(b) CONSULTATION.—As necessary to develop the report required 

under subsection (a), the Secretary shall consult with— 

(1) the Secretary of Defense; 

(2) the Nuclear Regulatory Commission; and 

(3) the Administrator of the General Services Administration. 

(c) CONTENTS.—The report required under subsection (a) shall 

include— 

(1) identification of potential locations to site, construct, 

and operate a micro-reactor at a Department of Defense or 

Department of Energy facility that contains critical national 

security infrastructure that the Secretary determines may not 

be energy resilient; 

(2) assessments of different nuclear technologies to provide 

energy resiliency for critical national security infrastructure; 

(3) a survey of potential commercial stakeholders with 

which to enter into a contract under the pilot program to 

construct and operate a licensed micro-reactor; 

(4) options to enter into long-term contracting, including 

various financial mechanisms for such purpose; 

(5) identification of requirements for micro-reactors to provide energy resilience to mission-critical functions at facilities 

identified under paragraph (1); 

(6) an estimate of the costs of the pilot program; 

(7) a timeline with milestones for the pilot program; 

(8) an analysis of the existing authority of the Department 

of Energy and Department of Defense to permit the siting, 

construction, and operation of a micro-reactor; and 

(9) recommendations for any legislative changes to the 

authorities analyzed under paragraph (8) necessary for the 

Department of Energy and the Department of Defense to permit 

the siting, construction, and operation of a micro-reactor. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘critical national security infrastructure’’ 

means any site or installation that the Secretary of Energy 

or the Secretary of Defense determines supports critical mission 

functions of the national security enterprise. 

(2) The term ‘‘licensed’’ means holding a license under 

section 103 or 104 of the Atomic Energy Act of 1954. 

(3) The term ‘‘micro-reactor’’ means a nuclear reactor that 

has a power production capacity that is not greater than 50 

megawatts. 

(4) The term ‘‘pilot program’’ means the pilot program 

described in subsection (a). 

(5) The term ‘‘Secretary’’ means Secretary of Energy. 

(e) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified 

appendix. 

(f) LIMITATIONS.—This Act does not authorize the Department 

of Energy or Department of Defense to enter into a contract with 

respect to the pilot program. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1723 

SEC. 328. LIMITATION ON MODIFICATIONS TO NAVY FACILITIES 

SUSTAINMENT, RESTORATION, AND MODERNIZATION 

STRUCTURE AND MECHANISM. 

The Secretary of the Navy may not make any modification 

to the existing Navy Facilities Sustainment, Restoration, and Modernization structure or mechanism that would modify duty relationships or significantly alter the existing structure until 90 days 

after providing notice of the proposed modification to the congressional defense committees. 

Subtitle D—Reports 

SEC. 331. REPORTS ON READINESS. 

(a) UNIFORM APPLICABILITY OF READINESS REPORTING

SYSTEM.—Subsection (b) of section 117 of title 10, United States 

Code, is amended— 

(1) by inserting ‘‘and maintaining’’ after ‘‘establishing’’; 

(2) in paragraph (1), by striking ‘‘reporting system is 

applied uniformly throughout the Department of Defense’’ and 

inserting ‘‘reporting system and associated policies are applied 

uniformly throughout the Department of Defense, including 

between and among the joint staff and each of the armed 

forces’’; 

(3) by redesignating paragraphs (2) and (3) as paragraphs 

(5) and (6), respectively; 

(4) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) that is the single authoritative readiness reporting 

system for the Department, and that there shall be no military 

service specific systems; 

‘‘(3) that readiness assessments are accomplished at an 

organizational level at, or below, the level at which forces 

are employed; 

‘‘(4) that the reporting system include resources information, force posture, and mission centric capability assessments, 

as well as predicted changes to these attributes;’’; and 

(5) in paragraph (5), as redesignated by paragraph (3) 

of this subsection, by inserting ‘‘, or element of a unit,’’ after 

‘‘readiness status of a unit’’. 

(b) CAPABILITIES OF READINESS REPORTING SYSTEM.—Such section is further amended in subsection (c)— 

(1) in paragraph (1)— 

(A) by striking ‘‘Measure, on a monthly basis, the capability of units’’ and inserting ‘‘Measure the readiness of 

units’’; and 

(B) by striking ‘‘conduct their assigned wartime missions’’ and inserting ‘‘conduct their designed and assigned 

missions’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘Measure, on an annual basis,’’ and 

inserting ‘‘Measure’’; and 

(B) by striking ‘‘wartime missions’’ and inserting 

‘‘designed and assigned missions’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘Measure, on an annual basis,’’ and 

inserting ‘‘Measure’’; and 

10 USC 8013 

note. 


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(B) by striking ‘‘wartime missions’’ and inserting 

‘‘designed and assigned missions’’; 

(4) in paragraph (4), by striking ‘‘Measure, on a monthly 

basis,’’ and inserting ‘‘Measure’’; 

(5) in paragraph (5), by striking ‘‘Measure, on an annual 

basis,’’ and inserting ‘‘Measure’’; 

(6) by striking paragraphs (6) and (8) and redesignating 

paragraph (7) as paragraph (6); and 

(7) in paragraph (6), as so redesignated, by striking 

‘‘Measure, on a quarterly basis,’’ and inserting ‘‘Measure’’. 

(c) SEMI-ANNUAL AND MONTHLY JOINT READINESS REVIEWS.— Such section is further amended in subsection (d)(1)(A) by inserting 

‘‘, which includes a validation of readiness data currency and 

accuracy’’ after ‘‘joint readiness review’’. 

(d) QUARTERLY REPORT ON CHANGE IN CURRENT STATE OF

UNIT READINESS.—Such section is further amended— 

(1) by redesignating subsection (f) as subsection (h); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) QUARTERLY REPORT ON MONTHLY CHANGES IN CURRENT

STATE OF READINESS OF UNITS.—For each quarter that begins after 

the date of the enactment of this subsection and ends on or before 

September 30, 2023, the Secretary shall submit to the congressional 

defense committees a report on each monthly upgrade or downgrade 

of the current state of readiness of a unit that was issued by 

the commander of a unit during the previous quarter, together 

with the rationale of the commander for the issuance of such 

upgrade or downgrade.’’. 

(e) ANNUAL REPORT TO CONGRESS ON OPERATIONAL CONTRACT

SUPPORT.—Such section is further amended by inserting after the 

new subsection (f), as added by subsection (d)(2) of this section, 

the following new subsection: 

‘‘(g) ANNUAL REPORT ON OPERATIONAL CONTRACT SUPPORT.— The Secretary shall each year submit to the congressional defense 

committees a report in writing containing the results of the most 

recent annual measurement of the capability of operational contract 

support to support current and anticipated wartime missions of 

the armed forces. Each such report shall be submitted in unclassified form, but may include a classified annex.’’. 

(f) REGULATIONS.—Such section is further amended in subsection (h), as redesignated by subsection (d)(1) of this section, 

by striking ‘‘prescribe the units that are subject to reporting in 

the readiness reporting system, what type of equipment is subject 

to such reporting’’ and inserting ‘‘prescribe the established information technology system for Department of Defense reporting, specifically authorize exceptions to a single-system architecture, and identify the organizations, units, and entities that are subject to 

reporting in the readiness reporting system, what organization 

resources are subject to such reporting’’. 

(g) CONFORMING AMENDMENTS.— (1) SECTION HEADING.—Such section is further amended 

in the section heading by striking ‘‘: establishment; reporting 

to congressional committees’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 2 is amended by striking the item relating 

to section 117 and inserting the following new item: 

‘‘117. Readiness reporting system.’’. 

10 USC 111 prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1725 

SEC. 332. MATTERS FOR INCLUSION IN QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS. 

Section 482 of title 10, United States Code, is amended— 

(1) in subsection (b)(1), by inserting after ‘‘deficiency’’ the 

following: ‘‘in the ground, sea, air, space, and cyber forces, 

and in such other such areas as determined by the Secretary 

of Defense,’’; and 

(2) in subsection (d)— 

(A) in the subsection heading, by striking ‘‘ASSIGNED

MISSION’’; 

(B) by striking paragraph (3); 

(C) by redesignating paragraphs (2) as paragraph (3); 

and 

(D) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) A report for the second or fourth quarter of a calendar 

year under this section shall also include an assessment by 

each commander of a geographic or functional combatant command of the readiness of the command to conduct operations 

in a multidomain battle that integrates ground, air, sea, space, 

and cyber forces.’’. 

SEC. 333. ANNUAL COMPTROLLER GENERAL REVIEWS OF READINESS 

OF ARMED FORCES TO CONDUCT FULL SPECTRUM OPERATIONS. 

(a) REVIEWS REQUIRED.—For each of calendar years 2018 

through 2021, the Comptroller General of the United States shall 

conduct an annual review of the readiness of the Armed Forces 

to conduct each of the following types of full spectrum operations: 

(1) Ground. 

(2) Sea. 

(3) Air. 

(4) Space. 

(5) Cyber. 

(b) ELEMENTS OF REVIEW.—In conducting a review under subsection (a), the Comptroller General shall— 

(1) use standard methodology and reporting formats in 

order to show changes over time; 

(2) evaluate, using fiscal year 2017 as the base year of 

analysis— 

(A) force structure; 

(B) the ability of major operational units to conduct 

operations; and 

(C) the status of equipment, manning, and training; 

and 

(3) provide reasons for any variances in readiness levels, 

including changes in funding, availability in parts, training 

opportunities, and operational demands. 

(c) METRICS.—For purposes of the reviews required by this 

section, the Secretary of Defense shall identify and establish metrics 

for measuring readiness for the operations covered by subsection 

(a). In the first review conducted under this section, the Comptroller 

General shall evaluate and determine the validity of such metrics. 

(d) ACCESS TO RELEVANT DATA.—For purposes of this section, 

the Secretary of Defense shall ensure that the Comptroller General 

has access to all relevant data, including— 


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132 STAT. 1726 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) any assessments of the ability of the Department of 

Defense and the Armed Forces to execute operational and 

contingency plans; 

(2) any internal Department readiness and force structure 

assessments; and 

(3) the readiness databases of the Department and the 

Armed Forces. 

(e) REPORTS.— (1) ANNUAL REPORT.—Not later than February 28, 2019, 

and annually thereafter until 2022, the Comptroller General 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives an annual report on the review 

conducted under subsection (a) for the year preceding the year 

during which the report is submitted. 

(2) ADDITIONAL REPORTS.—At the discretion of the Comptroller General, the Comptroller General may submit to the 

Committees on Armed Services of the Senate and House of 

Representatives additional reports addressing specific mission 

areas within the operations covered by subsection (a) in order 

to provide an independent assessment of readiness in the areas 

of equipping, mapping, and training. 

SEC. 334. SURFACE WARFARE TRAINING IMPROVEMENT. 

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

(1) In 2017, there were three collisions and one grounding 

involving United States Navy ships in the Western Pacific. 

The two most recent mishaps involved separate incidents of 

a Japan-based United States Navy destroyer colliding with 

a commercial merchant vessel, resulting in the combined loss 

of 17 sailors. 

(2) The causal factors in these four mishaps are linked 

directly to a failure to take sufficient action in accordance 

with the rules of good seamanship. 

(3) Because risks are high in the maritime environment, 

there are widely accepted standards for safe seamanship and 

navigation. In the United States, the International Convention 

on Standards of Training, Certification and Watchkeeping 

(hereinafter in this section referred to as the ‘‘STCW’’) for 

Seafarers, standardizes the skills and foundational knowledge 

a maritime professional must have in seamanship and navigation. 

(4) Section 568 of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139) 

endorsed the STCW process and required the Secretary of 

Defense to maximize the extent to which Armed Forces service, 

training, and qualifications are creditable toward meeting merchant mariner licenses and certifications. 

(5) The Surface Warfare Officer Course Curriculum is being 

modified to include ten individual Go/No Go Mariner Assessments/Competency Check Milestones to ensure standardization 

and quality of the surface warfare community. 

(6) The Military-to-Mariner Transition report of September 

2017 notes the Army maintains an extensive STCW qualifications program and that a similar Navy program does not exist. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Secretary of the Navy should establish a comprehensive individual proficiency assessment process and include such 


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an assessment prior to all operational surface warfare officer 

tour assignments; and 

(2) the Secretary of the Navy should significantly expand 

the STCW qualifications process to improve seamanship and 

navigation individual skills training for surface warfare candidates, surface warfare officers, quartermasters and operations 

specialists to include an increased set of courses that directly 

correspond to STCW standards. 

(c) REPORT.—Not later than March 1, 2019, the Secretary of 

the Navy shall submit to the congressional defense committees 

a report that includes each of the following: 

(1) A detailed description of the surface warfare officer 

assessments process. 

(2) A list of programs that have been approved for credit 

toward merchant mariner credentials. 

(3) A complete gap analysis of the existing surface warfare 

training curriculum and STCW. 

(4) A complete gap analysis of the existing surface warfare 

training curriculum and the 3rd mate unlimited licensing 

requirement. 

(5) An assessment of surface warfare options to complete 

the 3rd mate unlimited license and the STCW qualification. 

SEC. 335. REPORT ON OPTIMIZING SURFACE NAVY VESSEL INSPECTIONS AND CREW CERTIFICATIONS. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of the Navy shall 

submit to Congress a report on optimizing surface Navy vessel 

inspections and crew certifications to reduce the burden of inspection type visits that vessels undergo. Such report shall include— 

(1) an audit of all surface Navy vessel inspections, certifications, and required and recommended assist visits; 

(2) an analysis of such inspections, certifications, and visits 

for redundancies, as well as any necessary items not covered; 

(3) recommendations to streamline surface vessel inspections, certifications, and required and recommended assist visits 

to optimize effectiveness, improve material readiness, and 

restore training readiness; and 

(4) recommendations for congressional action to address 

the needs of the Navy as identified in the report. 

(b) CONGRESSIONAL BRIEFING.—Not later than January 31, 

2019, the Secretary of the Navy shall provide to the Senate Committee on Armed Services and the House Committee on Armed 

Services an interim briefing on the matters to be included in the 

report required by subsection (a). 

SEC. 336. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR. 

The Secretary of Defense, in consultation with the heads of 

each of the military departments and the Chairman of the Joint 

Chiefs of Staff, shall submit to the congressional defense committees 

a report on labor hours and depot maintenance, which shall 

include— 

(1) the amount of public and private funding of depotlevel maintenance and repair (as defined in section 2460 of 

title 10 United States Code) for the Department of Defense, 


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Army, Navy, Marine Corps, Air Force, Special Operations Command, and any other unified command identified by the Secretary, expressed by commodity group by percentage and actual 

numbers in terms of dollars and direct labor hours; 

(2) within each category of depot level maintenance and 

repair for each entities, the amount of the subset of depot 

maintenance workload that meets the description under section 

2464 of title 10, United States Code, that is performed in 

the public and private sectors by direct labor hours and by 

dollars; 

(3) of the subset referred to in paragraph (2), the amount 

of depot maintenance workload performed in the public and 

private sector by direct labor hour and by dollars for each 

entity that would otherwise be considered core workload under 

such section 2464, but is not considered core because a weapon 

system or equipment has not been declared a program of record; 

and 

(4) the projections for the upcoming future years defense 

program, including the distinction between the Navy and the 

Marine Corps for the Department of the Navy, as well as 

any unified command, including the Special Operations Command. 

SEC. 337. REPORT ON WILDFIRE SUPPRESSION CAPABILITIES OF 

ACTIVE AND RESERVE COMPONENTS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

wildfires endanger national security. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report on the wildfire suppression capabilities within 

the active and reserve components of the Armed Forces, including 

the Modular Airborne Fire Fighting System Program, and interagency cooperation with the Forest Service and the Department 

of the Interior. 

SEC. 338. REPORT ON RELOCATION OF STEAM TURBINE PRODUCTION 

FROM NIMITZ-CLASS AND FORD-CLASS AIRCRAFT CARRIERS AND VIRGINIA-CLASS AND COLUMBIA-CLASS SUBMARINES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense, in consultation with the Under 

Secretary of Defense for Acquisition, Technology, and Logistics and 

the Assistant Secretary of the Navy for Research, Development, 

and Acquisition, shall develop and submit to Congress a report 

describing the potential impacts on national defense and the manufacturing base resulting from contractors or subcontractors relocating steam turbine production for Nimitz-class and Ford-class 

aircraft carriers and Virginia-class and Columbia-class submarines. 

Such report shall address each of the following: 

(1) The overall risk of moving production on the national 

security of the United States, including the likelihood of production delay or reduction in quality of steam turbines. 

(2) The impact on national security from a delay in production of aircraft carriers and submarines. 

(3) The impacts on regional suppliers the current production of steam turbines draw on and their ability to perform 

other contracts should a relocation happen. 


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(4) The impact on the national industrial and manufacturing base and loss of a critically skilled workforce resulting 

from a relocation of production. 

(5) The risk of moving production on total cost of the 

acquisition. 

SEC. 339. REPORT ON SPECIALIZED UNDERGRADUATE PILOT 

TRAINING PRODUCTION, RESOURCING, AND LOCATIONS. 

(a) IN GENERAL.—Not later than March 1, 2019, the Secretary 

of the Air Force shall submit to the congressional defense committees a report on existing Specialized Undergraduate Pilot Training 

(SUPT) production, resourcing, and locations. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) A description of the strategy of the Air Force for utilizing 

existing SUPT locations to produce the number of pilots the 

Air Force requires. 

(2) The number of pilots that each SUPT location has 

graduated, by year, over the previous 5 fiscal years. 

(3) The forecast number of pilots that each SUPT location 

will produce for fiscal year 2019. 

(4) The maximum production capacity of each SUPT location. 

(5) The extent to which existing SUPT installations are 

operating at maximum capacity in terms of pilot production. 

(6) A cost estimate of the resources required for each SUPT 

location to reach maximum production capacity. 

(7) A determination as to whether increasing production 

capacity at existing SUPT locations will satisfy the Air Force’s 

SUPT requirement. 

(8) A timeline and cost estimation of establishing a new 

SUPT location. 

(9) A discussion of whether the Air Force plans to operate 

existing SUPT installations at maximum capacity over the 

future years defense program. 

(10) A business case analysis comparing the establishment 

of a new SUPT location to increasing production capacity at 

existing SUPT locations. 

SEC. 340. REPORT ON AIR FORCE AIRFIELD OPERATIONAL REQUIREMENTS. 

(a) IN GENERAL.—Not later than February 1, 2019, the Secretary of the Air Force shall conduct an assessment and submit 

to the congressional defense committees a report detailing the operational requirements for Air Force airfields. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) An assessment of the state of airfields where runway 

degradation currently poses a threat to operations and airfields 

where such degradation threatens operations in the next five 

and ten years. 

(2) A description of the operational requirements for airfields, including an assessment of the impact to operations, 

cost to repair, cost to replace, remaining useful life, and the 

required daily maintenance to ensure runways are acceptable 

for full operations. 

(3) A description of any challenges with infrastructure 

acquisition methods and processes. 


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(4) An assessment of the operational impact in the event 

a runway were to become inoperable due to a major degradation 

incident, such as a crack or fracture resulting from lack of 

maintenance and repair. 

(5) A plan to address any shortfalls associated with the 

Air Force’s runway infrastructure. 

(c) FORM.—The report required under subsection (a) shall be 

in unclassified form but may contain a classified annex as necessary. 

SEC. 341. REPORT ON NAVY SURFACE SHIP REPAIR CONTRACT COSTS. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

submit to the congressional defense committees a report on Navy 

surface ship repair contract costs. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include, for each private sector maintenance availability for a 

conventionally-powered Navy surface ship for the prior two completed fiscal years, the following elements: 

(1) Name of the ship. 

(2) Location of the availability. 

(3) Prime contractor performing the availability. 

(4) Date of the contract award. 

(5) Type of contract used, such as firm-fixed-price or costplus-fixed-fee. 

(6) Solicitation number. 

(7) Number of offers received in response to the solicitation. 

(8) Contract target cost at the date of contract award. 

(9) Contract ceiling cost of the contract at the date of 

contract award. 

(10) Duration of the availability in days, including start 

and end dates, at the date of contract award. 

(11) Final contract cost. 

(12) Final delivery cost. 

(13) Actual duration of the availability in days, including 

start and end dates. 

(14) Description of growth work that was added after the 

contract award, including the associated cost. 

(15) Explanation of why the growth work described in 

paragraph (14) was not included in the scope of work associated 

with the original contract award. 

Subtitle E—Other Matters 

SEC. 351. COAST GUARD REPRESENTATION ON EXPLOSIVE SAFETY 

BOARD. 

Section 172(a) of title 10, United States Code, is amended— 

(1) by striking ‘‘and Marine Corps’’ and inserting ‘‘Marine 

Corps, and Coast Guard’’; and 

(2) by adding at the end the following new sentence: ‘‘When 

the Coast Guard is not operating as a service in the Department 

of the Navy, the Secretary of Homeland Security shall appoint 

an officer of the Coast Guard to serve as a voting member 

of the board.’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1731 

SEC. 352. TRANSPORTATION TO CONTINENTAL UNITED STATES OF 

RETIRED MILITARY WORKING DOGS OUTSIDE THE CONTINENTAL UNITED STATES THAT ARE SUITABLE FOR ADOPTION IN THE UNITED STATES. 

Section 2583(f) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3)(A) In the case of a military working dog located outside 

the continental United States at the time of retirement that is 

suitable for adoption at that time, the Secretary of the military 

department concerned shall undertake transportation of the dog 

to the continental United States (including transportation by contract at United States expense) for adoption under this section 

unless— 

‘‘(i) the dog is adopted as described in paragraph (2)(A); 

or 

‘‘(ii) transportation of the dog to the continental United 

States would not be in the best interests of the dog for medical 

reasons. 

‘‘(B) Nothing in this paragraph shall be construed to alter 

the preference in adoption of retired military working dogs for 

former handlers as set forth in subsection (g).’’. 

SEC. 353. SCOPE OF AUTHORITY FOR RESTORATION OF LAND DUE 

TO MISHAP. 

Subsection (e) of section 2691 of title 10, United States Code, 

as added by section 2814 of the Military Construction Authorization 

Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 

Stat. 1849), is amended by adding at the end the following new 

paragraph: 

‘‘(3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet 

the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different 

than the regulations of the Department of Defense.’’. 

SEC. 354. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS. 

Section 348(b) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1365) is amended 

by inserting ‘‘shredded or’’ before ‘‘melted and repurposed’’. 

SEC. 355. STUDY ON PHASING OUT OPEN BURN PITS. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report that includes— 

(1) details of any ongoing use of open burn pits; and 

(2) the feasibility of phasing out the use of open burn 

pits by using technology incinerators. 

(b) OPEN BURN PIT DEFINED.—In this section, the term ‘‘open 

burn pit’’ means an area of land— 

(1) that is designated by the Secretary of Defense to be 

used for disposing solid waste by burning in the outdoor air; 

and 

(2) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured 

for the burning of solid waste. 

10 USC 4681 

note prec. 


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132 STAT. 1732 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 356. NOTIFICATION REQUIREMENTS RELATING TO CHANGES TO 

UNIFORM OF MEMBERS OF THE UNIFORMED SERVICES. 

(a) DLA NOTIFICATION.—The Secretary of a military department shall notify the Commander of the Defense Logistics Agency 

of any plan to implement a change to any uniform or uniform 

component of a member of the uniformed services. Such notification 

shall be made not less than three years prior to the implementation 

of such change. 

(b) CONTRACTOR NOTIFICATION.—The Commander of the 

Defense Logistics Agency shall notify a contractor when one of 

the uniformed services plans to make a change to a uniform component that is provided by that contractor. Such a notification shall 

be made not less than 12 months prior to any announcement 

of a public solicitation for the manufacture of the new uniform 

component. 

(c) WAIVER.—If the Secretary of a military department or the 

Commander of the Defense Logistics Agency determines that the 

notification requirement under subsection (a) would adversely affect 

operational safety, force protection, or the national security interests 

of the United States, the Secretary or the Commander may waive 

such requirement. 

SEC. 357. REPORTING ON FUTURE YEARS BUDGETING BY SUBACTIVITY 

GROUP. 

Along with the budget for each fiscal year submitted by the 

President pursuant to section 1105(a) of title 31, United States 

Code, the Secretary of Defense and the Secretaries of the military 

departments shall include in the OP-5 Justification Books, as 

detailed by Department of Defense Financial Management Regulation 7000.14–R, the amount for each individual subactivity group, 

as detailed in the Department’s future years defense program pursuant to section 221 of title 10, United States Code. 

SEC. 358. LIMITATION ON AVAILABILITY OF FUNDS FOR SERVICE-SPECIFIC DEFENSE READINESS REPORTING SYSTEMS. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department 

of Defense for fiscal year 2019 for research, development, test, 

and evaluation or procurement, and available to develop servicespecific Defense Readiness Reporting Systems (referred to in this 

section as ‘‘DRRS’’) may be made available for such purpose except 

for required maintenance and in order to facilitate the transition 

to DRRS-Strategic (referred to in this section as ‘‘DRRS-S’’). 

(b) PLAN.—Not later than February 1, 2019, the Under Secretary for Personnel and Readiness shall submit to the congressional 

defense committees a resource and funding plan to include a 

schedule with relevant milestones on the elimination of servicespecific DRRS and the migration of the military services and other 

organizations to DRRS-S. 

(c) TRANSITION.—The military services shall complete the 

transition to DRRS-S not later than October 1, 2019. The Secretary 

of Defense shall notify the congressional defense committees upon 

the complete transition of the services. 

(d) REPORTING REQUIREMENT.— 

(1) IN GENERAL.—The Under Secretary for Personnel and 

Readiness, the Under Secretary for Acquisition and 

Sustainment, and the Under Secretary for Research and 

10 USC 117 note. 

10 USC 221 note. 

10 USC 771 note 

prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1733 

Engineering, in coordination with the Secretaries of the military 

departments and other organizations with relevant technical 

expertise, shall establish a working group including individuals 

with expertise in application or software development, data 

science, testing, and development and assessment of performance metrics to assess the current process for collecting, analyzing, and communicating readiness data, and develop a 

strategy for implementing any recommended changes to 

improve and establish readiness metrics using the current 

DRRS-Strategic platform. 

(2) ELEMENTS.—The assessment conducted pursuant to 

paragraph (1) shall include— 

(A) identification of modern tools, methods, and 

approaches to readiness to more effectively and efficiently 

collect, analyze, and make decision based on readiness 

data; and 

(B) consideration of cost and schedule. 

(3) SUBMISSION TO CONGRESS.—Not later than February 

1, 2020, the Secretary of Defense shall submit to the congressional defense committees the assessment conducted pursuant 

to paragraph (1). 

(e) DEFENSE READINESS REPORTING REQUIREMENTS.—To the 

maximum extent practicable, the Secretary of Defense shall meet 

defense readiness reporting requirements consistent with the recommendations of the working group established under subsection 

(d)(1). 

SEC. 359. PRIORITIZATION OF ENVIRONMENTAL IMPACTS FOR FACILITIES SUSTAINMENT, RESTORATION, AND MODERNIZATION 

DEMOLITION. 

The Secretary of Defense shall establish prioritization metrics 

for facilities deemed eligible for demolition within the Facilities 

Sustainment, Restoration, and Modernization (FSRM) process. 

Those metrics shall include full spectrum readiness and environmental impacts, including the removal of contamination. 

SEC. 360. SENSE OF CONGRESS RELATING TO SOO LOCKS, SAULT 

SAINTE MARIE, MICHIGAN. 

It is the sense of Congress that— 

(1) the Soo Locks in Sault Ste. Marie, Michigan, are of 

critical importance to the national security of the United States; 

(2) the Soo Locks are the only waterway connection from 

Lake Superior to the Lower Great Lakes and the St. Lawrence 

Seaway; 

(3) only the Poe Lock is of sufficient size to allow for 

the passage of the largest cargo vessels that transport well 

over 90 percent of all iron ore mined in the United States, 

and this lock is nearing the end of its 50-year useful lifespan; 

(4) a report issued by the Office of Cyber and Infrastructure 

Analysis of the Department of Homeland Security concluded 

that an unscheduled 6-month outage of the Poe Lock would 

cause— 

(A) a dramatic increase in national and regional 

unemployment; and 

(B) 75 percent of Great Lakes steel production, and 

nearly all North American appliance, automobile, railcar, 

and construction, farm, and mining equipment production 

to cease; 

10 USC 2661 

note. 


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132 STAT. 1734 PUBLIC LAW 115–232—AUG. 13, 2018 

(5) the Corps of Engineers is reevaluating a past economic 

evaluation report to update the benefit-to-cost ratio for building 

a new lock at the Soo Locks; and 

(6) the Secretary of the Army and all relevant Federal 

agencies should— 

(A) expedite the completion of the report described 

in paragraph (5) and ensure the analysis adequately 

reflects the critical importance of the Soo Locks infrastructure to the national security and economy of the United 

States; and 

(B) expedite all other necessary reviews, analysis, and 

approvals needed to speed the required upgrades at the 

Soo Locks. 

SEC. 361. U.S. SPECIAL OPERATIONS COMMAND CIVILIAN PERSONNEL. 

Notwithstanding section 143 of title 10, United States Code, 

of the funds authorized to be appropriated by this Act for Operation 

and Maintenance, Defense-wide for United States Special Operations Command civilian personnel, not less than $4,000,000 shall 

be used to fund additional civilian personnel in or directly supporting the office of the Assistant Secretary of Defense for Special 

Operations and Low-Intensity Conflict to support the Assistant 

Secretary in fulfilling the additional responsibilities of the Assistant 

Secretary that were added by the amendments to sections 138(b)(4), 

139b, and 167 of title 10, United States Code, made by section 

922 of the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328). 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revisions in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2019, as follows: 

(1) The Army, 487,500. 

(2) The Navy, 335,400. 

(3) The Marine Corps, 186,100. 

(4) The Air Force, 329,100. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1735 

SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (4) and inserting the following 

new paragraphs: 

‘‘(1) For the Army, 487,500. 

‘‘(2) For the Navy, 335,400. 

‘‘(3) For the Marine Corps, 186,100. 

‘‘(4) For the Air Force, 329,100.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2019, as follows: 

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

(2) The Army Reserve, 199,500. 

(3) The Navy Reserve, 59,100. 

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

(5) The Air National Guard of the United States, 107,100. 

(6) The Air Force Reserve, 70,000. 

(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. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2019, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 30,595. 

(2) The Army Reserve, 16,386. 

(3) The Navy Reserve, 10,110. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 19,861. 


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132 STAT. 1736 PUBLIC LAW 115–232—AUG. 13, 2018 

(6) The Air Force Reserve, 3,849. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2019 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army National Guard of the United States, 

22,294. 

(2) For the Army Reserve, 6,492. 

(3) For the Air National Guard of the United States, 15,861. 

(4) For the Air Force Reserve, 8,880. 

SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2019, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2019 for the use 

of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not 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 2019. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Repeal of requirement for ability to complete 20 years of service by age 

62 as qualification for original appointment as a regular commissioned 

officer. 

Sec. 502. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned 

officer. 

Sec. 503. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills. Sec. 504. Authority for promotion boards to recommend officers of particular merit 

be placed higher on a promotion list. Sec. 505. Authority for officers to opt out of promotion board consideration. 

Sec. 506. Applicability to additional officer grades of authority for continuation on 

active duty of officers in certain military specialties and career tracks. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1737 

Sec. 507. Alternative promotion authority for officers in designated competitive categories of officers. 

Sec. 508. Attending Physician to the Congress. 

Sec. 509. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service. 

Sec. 510. Grades of Chiefs of Chaplains. 

Sec. 511. Repeal of original appointment qualification requirement for warrant officers in the regular Army. 

Sec. 512. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer. 

Sec. 513. Authority to designate certain reserve officers as not to be considered for 

selection for promotion. 

Sec. 514. GAO review of surface warfare career paths. 

Subtitle B—Reserve Component Management 

Sec. 515. Authorized strength and distribution in grade. 

Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty. 

Sec. 517. Expansion of personnel subject to authority of the Chief of the National 

Guard Bureau in the execution of functions and missions of the National 

Guard Bureau. 

Sec. 518. Authority to adjust effective date of promotion in the event of undue 

delay in extending Federal recognition of promotion. 

Sec. 519. National Guard Youth Challenge Program. 

Sec. 520. Extension of authority for pilot program on use of retired senior enlisted 

members of the Army National Guard as Army National Guard recruiters. 

Subtitle C—General Service Authorities and Correction of Military Records 

Sec. 521. Enlistments vital to the national interest. 

Sec. 522. Statement of benefits. 

Sec. 523. Modification to forms of support that may be accepted in support of the 

mission of the Defense POW/MIA Accounting Agency. 

Sec. 524. Assessment of Navy standard workweek and related adjustments. 

Sec. 525. Notification on manning of afloat naval forces. 

Sec. 526. Navy watchstander records. 

Sec. 527. Qualification experience requirements for certain Navy watchstations. 

Subtitle D—Military Justice 

Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice. 

Sec. 532. Punitive article on domestic violence under the Uniform Code of Military 

Justice. 

Sec. 533. Authorities of Defense Advisory Committee on Investigation, Prosecution, 

and Defense of Sexual Assault in the Armed Forces. 

Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel 

to victims of domestic violence. 

Sec. 535. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces. 

Sec. 536. Standardization of policies related to expedited transfer in cases of sexual 

assault or domestic violence. 

Subtitle E—Other Legal Matters 

Sec. 541. Clarification of expiration of term of appellate military judges of the 

United States Court of Military Commission Review. 

Sec. 542. Security clearance reinvestigation of certain personnel who commit certain offenses. 

Sec. 543. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy. 

Sec. 544. Oversight of registered sex offender management program. 

Sec. 545. Development of resource guides regarding sexual assault for the military 

service academies. 

Sec. 546. Improved crime reporting. 

Sec. 547. Report on victims of sexual assault in reports of military criminal investigative organizations. 

Subtitle F—Member Education, Training, Resilience, and Transition 

Sec. 551. Permanent career intermission program. 

Sec. 552. Improvements to Transition Assistance Program. 

Sec. 553. Repeal of program on encouragement of postseparation public and community service. 


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132 STAT. 1738 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 554. Clarification of application and honorable service requirements under the 

Troops-to-Teachers Program to members of the Retired Reserve. 

Sec. 555. Employment and compensation of civilian faculty members at the Joint 

Special Operations University. 

Sec. 556. Program to assist members of the Armed Forces in obtaining professional 

credentials. 

Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers’ 

Training Corps programs. 

Sec. 558. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate 

families. 

Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior 

level and intermediate level officer professional military education 

courses. 

Subtitle G—Defense Dependents’ Education 

Sec. 561. Assistance to schools with military dependent students. 

Sec. 562. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools. 

Sec. 563. Department of Defense Education Activity misconduct database. 

Sec. 564. Assessment and report on active shooter threat mitigation at schools located on military installations. 

Subtitle H—Military Family Readiness Matters 

Sec. 571. Department of Defense Military Family Readiness Council matters. 

Sec. 572. Enhancement and clarification of family support services for family members of members of special operations forces. 

Sec. 573. Temporary expansion of authority for noncompetitive appointments of 

military spouses by Federal agencies. 

Sec. 574. Improvement of My Career Advancement Account program for military 

spouses. 

Sec. 575. Assessment and report on the effects of permanent changes of station on 

employment among military spouses. 

Sec. 576. Provisional or interim clearances to provide childcare services at military 

childcare centers. 

Sec. 577. Multidisciplinary teams for military installations on child abuse and 

other domestic violence. 

Sec. 578. Pilot program for military families: prevention of child abuse and training 

on safe childcare practices. 

Sec. 579. Assessment and report on small business activities of military spouses on 

military installations in the United States. 

Subtitle I—Decorations and Awards 

Sec. 581. Atomic veterans service certificate. 

Sec. 582. Award of medals or other commendations to handlers of military working 

dogs. 

Sec. 583. Authorization for award of distinguished-service cross to Justin T. 

Gallegos for acts of valor during Operation Enduring Freedom. 

Subtitle J—Miscellaneous Reports and Other Matters 

Sec. 591. Annual defense manpower requirements report matters. 

Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary 

Barracks Cemetery, Fort Leavenworth, Kansas. 

Sec. 593. Standardization of frequency of academy visits of the Air Force Academy 

Board of Visitors with academy visits of boards of other military service 

academies. 

Sec. 594. National Commission on Military, National, and Public Service matters. 

Sec. 595. Public availability of top-line numbers of deployed members of the Armed 

Forces. 

Sec. 596. Report on general and flag officer costs. 

Sec. 597. Study on active service obligations for medical training with other service 

obligations for education or training and health professional recruiting. 

Sec. 598. Criteria for interment at Arlington National Cemetery. 

Sec. 599. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program. 

Sec. 600. Proof of period of military service for purposes of interest rate limitation 

under the Servicemembers Civil Relief Act. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1739 

Subtitle A—Officer Personnel Policy 

SEC. 501. REPEAL OF REQUIREMENT FOR ABILITY TO COMPLETE 20 

YEARS OF SERVICE BY AGE 62 AS QUALIFICATION FOR 

ORIGINAL APPOINTMENT AS A REGULAR COMMISSIONED 

OFFICER. 

(a) REPEAL.—Subsection (a) of section 532 of title 10, United 

States Code, is amended— 

(1) by striking paragraph (2); and 

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. 

(b) CONFORMING AMENDMENT.—Such section is further 

amended by striking subsection (d). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date. 

SEC. 502. ENHANCEMENT OF AVAILABILITY OF CONSTRUCTIVE 

SERVICE CREDIT FOR PRIVATE SECTOR TRAINING OR 

EXPERIENCE UPON ORIGINAL APPOINTMENT AS A 

COMMISSIONED OFFICER. 

(a) REGULAR OFFICERS.— 

(1) IN GENERAL.—Subsection (b) of section 533 of title 10, 

United States Code, is amended— 

(A) in paragraph (1), by striking subparagraph (D) 

and inserting the following new subparagraph (D): 

‘‘(D) Additional credit for special training or experience 

in a particular officer career field as designated by the Secretary 

concerned, if such training or experience is directly related 

to the operational needs of the armed force concerned.’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the 

case of a medical or dental officer, the amount’’ and 

inserting ‘‘The amount’’; and 

(ii) by striking ‘‘in the grade of major in the Army, 

Air Force, or Marine Corps or lieutenant commander 

in the Navy’’ and inserting ‘‘in the grade of colonel 

in the Army, Air Force, or Marine Corps or captain 

in the Navy’’. 

(2) REPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT

FOR CRITICALLY NECESSARY CYBERSPACE-RELATED EXPERIENCE.—Such section is further amended— 

(A) in subsections (a)(2) and (c), by striking ‘‘or (g)’’; 

and 

(B) by striking subsection (g). 

(b) RESERVE OFFICERS.— 

(1) IN GENERAL.—Subsection (b) of section 12207 of title 

10, United States Code, is amended— 

(A) in paragraph (1), by striking subparagraph (D) 

and inserting the following new subparagraph (D): 

‘‘(D) Additional credit for special training or experience 

in a particular officer career field as designated by the Secretary 

10 USC 532 note. 


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132 STAT. 1740 PUBLIC LAW 115–232—AUG. 13, 2018 

concerned, if such training or experience is directly related 

to the operational needs of the armed force concerned.’’; and 

(B) by striking paragraph (3) and inserting the following new paragraph (3): 

‘‘(3) The amount of constructive service credit credited to an 

officer under this subsection may not exceed the amount required 

in order for the officer to be eligible for an original appointment 

as a reserve officer of the Army, Air Force, or Marine Corps in 

the grade of colonel or as a reserve officer of the Navy in the 

grade of captain.’’. 

(2) REPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT

FOR CRITICALLY NECESSARY CYBERSPACE-RELATED EXPERI- ENCE.—Such section is further amended— 

(A) by striking subsection (e); 

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

(C) in subsection (e), as redesignated by subparagraph 

(B), by striking ‘‘, (d), or (e)’’ and inserting ‘‘or (d)’’. 

SEC. 503. STANDARDIZED TEMPORARY PROMOTION AUTHORITY 

ACROSS THE MILITARY DEPARTMENTS FOR OFFICERS IN 

CERTAIN GRADES WITH CRITICAL SKILLS. 

(a) STANDARDIZED TEMPORARY PROMOTION AUTHORITY.— 

(1) IN GENERAL.—Chapter 35 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 605. Promotion to certain grades for officers with critical 

skills: colonel, lieutenant colonel, major, captain; 

captain, commander, lieutenant commander, 

lieutenant 

‘‘(a) IN GENERAL.—An officer in the grade of first lieutenant, 

captain, major, or lieutenant colonel in the Army, Air Force, or 

Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant 

commander, or commander in the Navy, who is described in subsection (b) may be temporarily promoted to the grade of captain, 

major, lieutenant colonel, or colonel in the Army, Air Force, or 

Marine Corps, or lieutenant, lieutenant commander, commander, 

or captain in the Navy, as applicable, under regulations prescribed 

by the Secretary of the military department concerned. Appointments under this section shall be made by the President, by and 

with the advice and consent of the Senate. 

‘‘(b) COVERED OFFICERS.—An officer described in this subsection 

is any officer in a grade specified in subsection (a) who— 

‘‘(1) has a skill in which the armed force concerned has 

a critical shortage of personnel (as determined by the Secretary 

of the military department concerned); and 

‘‘(2) is serving in a position (as determined by the Secretary 

of the military department concerned) that— 

‘‘(A) is designated to be held by a captain, major, 

lieutenant colonel, or colonel in the Army, Air Force, or 

Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and 

‘‘(B) requires that an officer serving in such position 

have the skill possessed by such officer. 

‘‘(c) PRESERVATION OF POSITION AND STATUS OF OFFICERS

APPOINTED.—An appointment under this section does not change 

10 USC 605. 


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the position on the active-duty list or the permanent, probationary, 

or acting status of the officer so appointed, prejudice the officer 

in regard to other promotions or appointments, or abridge the 

rights or benefits of the officer. 

‘‘(d) BOARD RECOMMENDATION REQUIRED.—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the military 

department concerned for the purpose of recommending officers 

for such promotions. 

‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF APPOINTMENT.—Each 

appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such 

appointment is made, and a member so appointed is entitled to 

the pay and allowances of the grade of the temporary promotion 

under this section from the date the appointment is made. 

‘‘(f) TERMINATION OF APPOINTMENT.—Unless sooner terminated, 

an appointment under this section terminates— 

‘‘(1) on the date the officer who received the appointment 

is promoted to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, 

or lieutenant, lieutenant commander, commander, or captain 

in the Navy; or 

‘‘(2) on the date the officer is detached from a position 

described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of captain, major, lieutenant 

colonel, or colonel in the Army, Air Force, or Marine Corps, 

or lieutenant, lieutenant commander, commander, or captain 

in the Navy, in which case the appointment terminates on 

the date the officer is promoted to that grade. 

‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE POSITIONS.—An 

appointment under this section may only be made for service in 

a position designated by the Secretary of the military department 

concerned for the purposes of this section. The number of positions 

so designated may not exceed the following: 

‘‘(1) In the case of the Army— 

‘‘(A) as captain, 120; 

‘‘(B) as major, 350; 

‘‘(C) as lieutenant colonel, 200; and 

‘‘(D) as colonel, 100. 

‘‘(2) In the case of the Air Force— 

‘‘(A) as captain, 100; 

‘‘(B) as major, 325; 

‘‘(C) as lieutenant colonel, 175; and 

‘‘(D) as colonel, 80. 

‘‘(3) In the case of the Marine Corps— 

‘‘(A) as captain, 50; 

‘‘(B) as major, 175; 

‘‘(C) as lieutenant colonel, 100; and 

‘‘(D) as colonel, 50. 

‘‘(4) In the case of the Navy— 

‘‘(A) as lieutenant, 100; 

‘‘(B) as lieutenant commander, 325; 

‘‘(C) as commander, 175; and 

‘‘(D) as captain, 80.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 35 of such title is amended by adding 

at the end the following new item: 

‘‘605. Promotion to certain grades for officers with critical skills: colonel, lieutenant 

colonel, major, captain; captain, commander, lieutenant commander, 

lieutenant.’’. 

(b) REPEAL OF SUPERSEDED AUTHORITY APPLICABLE TO NAVY

LIEUTENANTS.— 

(1) REPEAL.—Chapter 544 of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENTS.—The tables of chapters at the 

beginning of title 10, United States Code, and at the beginning 

of subtitle C of such title, are each amended by striking the 

item relating to chapter 544. 

SEC. 504. AUTHORITY FOR PROMOTION BOARDS TO RECOMMEND OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON A 

PROMOTION LIST. 

(a) IN GENERAL.—Section 616 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(g)(1) In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary 

of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, 

to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title. 

‘‘(2) An officer may be recommended to be placed higher on 

a promotion list under paragraph (1) only if the officer receives 

the recommendation of at least a majority of the members of the 

board, unless the Secretary concerned establishes an alternative 

requirement. Any such alternative requirement shall be furnished 

to the board as part of the guidelines furnished to the board 

under section 615 of this title. 

‘‘(3) For the officers recommended to be placed higher on a 

promotion list under paragraph (1), the board shall recommend 

the order in which those officers should be placed on the list.’’. 

(b) PROMOTION SELECTION BOARD REPORTS RECOMMENDING

OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION

LIST.—Section 617 of such title is amended by adding at the end 

the following new subsection: 

‘‘(d) A selection board convened under section 611(a) of this 

title shall, when authorized under section 616(g) of this title, include 

in its report to the Secretary concerned the names of those officers 

recommended by the board to be placed higher on the promotion 

list and the order in which the board recommends that those 

officers should be placed on the list.’’. 

(c) OFFICERS OF PARTICULAR MERIT APPEARING HIGHER ON

PROMOTION LIST.—Section 624(a)(1) of such title is amended in 

the first sentence by adding at the end ‘‘or based on particular 

merit, as determined by the promotion board’’. 

SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION 

BOARD CONSIDERATION. 

(a) ACTIVE-DUTY LIST OFFICERS.—Section 619 of title 10, United 

States Code, is amended— 

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

new paragraph: 

10 USC 5001 

prec. 

10 USC 5721 

prec. 

10 USC 601 prec. 


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‘‘(6) An officer excluded under subsection (e).’’; and 

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

‘‘(e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT OF SELECTION

BOARD CONSIDERATION.—(1) The Secretary of a military department 

may provide that an officer under the jurisdiction of the Secretary 

may, upon the officer’s request and with the approval of the Secretary, 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. 

‘‘(2) The Secretary concerned may only approve a request under 

paragraph (1) if— 

‘‘(A) 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, 

or a career progression requirement delayed by the assignment 

or education; 

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

‘‘(C) 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 ALLOW OFFICERS TO OPT OUT OF SELECTION

BOARD CONSIDERATION.—(1) The Secretary of a military department 

may provide that an officer under the jurisdiction of the Secretary 

may, upon the officer’s request and with the approval of the Secretary, 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. 

‘‘(2) The Secretary concerned may only approve a request under 

paragraph (1) if— 

‘‘(A) 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, 

or a career progression requirement delayed by the assignment 

or education; 

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

‘‘(C) the officer has not previously failed of selection for 

promotion to the grade for which the officer requests the exclusion from consideration.’’. 

SEC. 506. APPLICABILITY TO ADDITIONAL OFFICER GRADES OF 

AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF 

OFFICERS IN CERTAIN MILITARY SPECIALTIES AND 

CAREER TRACKS. 

Section 637a(a) of title 10, United States Code, is amended— 


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(1) by striking ‘‘grade O–4’’ and inserting ‘‘grade O–2’’; 

and 

(2) by inserting ‘‘632,’’ before ‘‘633,’’. 

SEC. 507. ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN 

DESIGNATED COMPETITIVE CATEGORIES OF OFFICERS. 

(a) ALTERNATIVE PROMOTION AUTHORITY.— (1) IN GENERAL.—Chapter 36 of title 10, United States 

Code, is amended by adding at the end the following new 

subchapter: 

‘‘SUBCHAPTER VI—ALTERNATIVE PROMOTION AUTHORITY 

FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES 

‘‘Sec. 

‘‘649a. Officers in designated competitive categories. 

‘‘649b. Selection for promotion. 

‘‘649c. Eligibility for consideration for promotion. 

‘‘649d. Opportunities for consideration for promotion. 

‘‘649e. Promotions. 

‘‘649f. Failure of selection for promotion. 

‘‘649g. Retirement: retirement for years of service; selective early retirement. 

‘‘649h. Continuation on active duty. 

‘‘649i. Continuation on active duty: officers in certain military specialties and career 

tracks. 

‘‘649j. Other administrative authorities. 

‘‘649k. Regulations. 

‘‘§ 649a. Officers in designated competitive categories 

‘‘(a) AUTHORITY TO DESIGNATE COMPETITIVE CATEGORIES OF

OFFICERS.—Each Secretary of a military department may designate 

one or more competitive categories for promotion of officers under 

section 621 of this title that are under the jurisdiction of such 

Secretary as a competitive category of officers whose promotion, 

retirement, and continuation on active duty shall be subject to 

the provisions of this subchapter. 

‘‘(b) LIMITATION ON EXERCISE OF AUTHORITY.—The Secretary 

of a military department may not designate a competitive category 

of officers for purposes of this subchapter until 60 days after the 

date on which the Secretary submits to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the designation of the competitive category. The report on the 

designation of a competitive category shall set forth the following: 

‘‘(1) A detailed description of officer requirements for officers within the competitive category. 

‘‘(2) An explanation of the number of opportunities for 

consideration for promotion to each particular grade, and an 

estimate of promotion timing, within the competitive category. 

‘‘(3) An estimate of the size of the promotion zone for 

each grade within the competitive category. 

‘‘(4) A description of any other matters the Secretary considered in determining to designate the competitive category for 

purposes of this subchapter. 

‘‘§ 649b. Selection for promotion 

‘‘(a) IN GENERAL.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers 

designated for purposes of this subchapter shall be governed by 

the provisions of subchapter I of this chapter. 

10 USC 649b. 

10 USC 649a. 

10 USC 649a 

prec. 


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‘‘(b) NO RECOMMENDATION FOR PROMOTION OF OFFICERS BELOW

PROMOTION ZONE.—Section 616(b) of this title shall not apply to 

the selection for promotion of officers described in subsection (a). 

‘‘(c) RECOMMENDATION FOR OFFICERS TO BE EXCLUDED FROM

FUTURE CONSIDERATION FOR PROMOTION.—In making recommendations pursuant to section 616 of this title for purposes of the 

administration of this subchapter, a selection board convened under 

section 611(a) of this title may recommend that an officer considered 

by the board be excluded from future consideration for promotion 

under this chapter. 

‘‘§ 649c. Eligibility for consideration for promotion 

‘‘(a) IN GENERAL.—Except as provided by this section, eligibility 

for promotion of officers in any competitive category of officers 

designated for purposes of this subchapter shall be governed by 

the provisions of section 619 of this title. 

‘‘(b) INAPPLICABILITY OF CERTAIN TIME-IN-GRADE REQUIREMENTS.—Paragraphs (2) through (4) of section 619(a) of this title 

shall not apply to the promotion of officers described in subsection 

(a). 

‘‘(c) INAPPLICABILITY TO OFFICERS ABOVE AND BELOW PROMOTION ZONE.—The following provisions of section 619(c) of this 

title shall not apply to the promotion of officers described in subsection (a): 

‘‘(1) The reference in paragraph (1) of that section to an 

officer above the promotion zone. 

‘‘(2) Paragraph (2)(A) of that section. 

‘‘(d) INELIGIBILITY OF CERTAIN OFFICERS.—The following officers 

are not eligible for promotion under this subchapter: 

‘‘(1) An officer described in section 619(d) of this title. 

‘‘(2) An officer not included within the promotion zone. 

‘‘(3) An officer who has failed of promotion to a higher 

grade the maximum number of times specified for opportunities 

for promotion for such grade within the competitive category 

concerned pursuant to section 649d of this title. 

‘‘(4) An officer recommended by a selection board to be 

removed from consideration for promotion in accordance with 

section 649b(c) of this title. 

‘‘§ 649d. Opportunities for consideration for promotion 

‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION.—In designating a competitive category 

of officers pursuant to section 649a of this title, the Secretary 

of a military department shall specify the number of opportunities 

for consideration for promotion to be afforded officers of the armed 

force concerned within the category for promotion to each grade 

above the grade of first lieutenant or lieutenant (junior grade), 

as applicable. 

‘‘(b) LIMITED AUTHORITY OF SECRETARY OF MILITARY DEPARTMENT TO MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of 

a military department may modify the number of opportunities 

for consideration for promotion to be afforded officers of an armed 

force within a competitive category for promotion to a particular 

grade, as previously specified by the Secretary pursuant subsection 

(a) or this subsection, not more frequently than once every five 

years. 

10 USC 649d. 

10 USC 649c. 


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‘‘(c) DISCRETIONARY AUTHORITY OF SECRETARY OF DEFENSE TO

MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of Defense 

may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive 

category for promotion to a particular grade, as previously specified 

or modified pursuant to any provision of this section, at the discretion of the Secretary. 

‘‘(d) LIMITATION ON NUMBER OF OPPORTUNITIES SPECIFIED.— 

The number of opportunities for consideration for promotion to 

be afforded officers of an armed force within a competitive category 

for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. 

‘‘(e) EFFECT OF CERTAIN REDUCTION IN NUMBER OF OPPORTUNITIES SPECIFIED.—If, by reason of a reduction in the number of 

opportunities for consideration for promotion under this section, 

an officer would no longer have one or more opportunities for 

consideration for promotion that were available to the officer before 

the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction. 

‘‘§ 649e. Promotions 

‘‘Sections 620 through 626 of this title shall apply in promotions 

of officers in competitive categories of officers designated for purposes of this subchapter. 

‘‘§ 649f. Failure of selection for promotion 

‘‘(a) IN GENERAL.—Except as provided in this section, sections 

627 through 632 of this title shall apply to promotions of officers 

in competitive categories of officers designated for purposes of this 

subchapter. 

‘‘(b) INAPPLICABILITY OF FAILURE OF SELECTION FOR PROMOTION

TO OFFICERS ABOVE PROMOTION ZONE.—The reference in section 

627 of this title to an officer above the promotion zone shall not 

apply in the promotion of officers described in subsection (a). 

‘‘(c) SPECIAL SELECTION BOARD MATTERS.—The reference in 

section 628(a)(1) of this title to a person above the promotion 

zone shall not apply in the promotion of officers described in subsection (a). 

‘‘(d) EFFECT OF FAILURE OF SELECTION.—In the administration 

of this subchapter pursuant to subsection (a)— 

‘‘(1) an officer described in subsection (a) shall not be 

deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) of this title until the officer has 

failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion 

to such grade within the competitive category concerned pursuant to section 649d of this title; and 

‘‘(2) any reference in section 631(a) or 632(a) of this title 

to an officer who has failed of selection for promotion to the 

next higher grade for the second time shall be deemed to 

refer instead to an officer described in subsection (a) who has 

failed of selection for promotion to the next higher grade for 

the maximum number of times specified for opportunities for 

promotion to such grade within the competitive category concerned pursuant to such section 649d. 

10 USC 649f. 

10 USC 649e. 


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‘‘§ 649g. Retirement: retirement for years of service; selective 

early retirement 

‘‘(a) RETIREMENT FOR YEARS OF SERVICES.—Sections 633 

through 636 of this title shall apply to the retirement of officers 

in competitive categories of officers designated for purposes of this 

subchapter. 

‘‘(b) SELECTIVE EARLY RETIREMENT.—Sections 638 and 638a 

of this title shall apply to the retirement of officers described 

in subsection (a). 

‘‘§ 649h. Continuation on active duty 

‘‘(a) IN GENERAL.—An officer subject to discharge or retirement 

pursuant to this subchapter may, subject to the needs of the service, 

be continued on active duty if the officer is selected for continuation 

on active duty in accordance with this section by a selection board 

convened under section 611(b) of this title. 

‘‘(b) IDENTIFICATION OF POSITIONS FOR OFFICERS CONTINUED

ON ACTIVE DUTY.— ‘‘(1) IN GENERAL.—Officers may be selected for continuation 

on active duty pursuant to this section only for assignment 

to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated 

to exist. 

‘‘(2) IDENTIFICATION.—Before convening a selection board 

pursuant to section 611(b) of this title for purposes of selection 

of officers for continuation on active duty pursuant to this 

section, the Secretary of the military department concerned 

shall specify for purposes of the board the positions identified 

by the Secretary to which officers selected for continuation 

on active duty may be assigned. 

‘‘(c) RECOMMENDATION FOR CONTINUATION.—A selection board 

may recommend an officer for continuation on active duty pursuant 

to this section only if the board determines that the officer is 

qualified for assignment to one or more positions identified pursuant 

to subsection (b) on the basis of skills, knowledge, and behavior 

required of an officer to perform successfully in such position or 

positions. 

‘‘(d) APPROVAL OF SECRETARY OF MILITARY DEPARTMENT.— 

Continuation of an officer on active duty under this section pursuant 

to the action of a selection board is subject to the approval of 

the Secretary of the military department concerned. 

‘‘(e) NONACCEPTANCE OF CONTINUATION.—An officer who is 

selected for continuation on active duty pursuant to this section, 

but who declines to continue on active duty, shall be discharged 

or retired, as appropriate, in accordance with section 632 of this 

title. 

‘‘(f) PERIOD OF CONTINUATION.— 

‘‘(1) IN GENERAL.—An officer continued on active duty 

pursuant to this section shall remain on active duty, and serve 

in the position to which assigned (or in another position to 

which assigned with the approval of the Secretary of the military department concerned), for a total of not more than three 

years after the date of assignment to the position to which 

first so assigned. 

‘‘(2) ADDITIONAL CONTINUATION.—An officer whose continued service pursuant to this section would otherwise expire 

pursuant to paragraph (1) may be continued on active duty 

10 USC 649h. 

10 USC 649g. 


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if selected for continuation on active duty in accordance with 

this section before the date of expiration pursuant to that 

paragraph. 

‘‘(g) EFFECT OF EXPIRATION OF CONTINUATION.—Each officer 

continued on active duty pursuant to this subsection who is not 

selected for continuation on active duty pursuant to subsection 

(f)(2) at the completion of the officer’s term of continued service 

shall, unless sooner discharged or retired under another provision 

of law— 

‘‘(1) be discharged upon the expiration of the term of continued service; or 

‘‘(2) if eligible for retirement under another other provision 

of law, be retired under that law on the first day of the first 

month following the month in which the officer completes the 

term of continued service. 

‘‘(h) TREATMENT OF DISCHARGE OR RETIREMENT.—The discharge 

or retirement of an officer pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes 

of any other provision of law. 

‘‘§ 649i. Continuation on active duty: officers in certain military specialties and career tracks 

‘‘In addition to continuation on active duty provided for in 

section 649h of this title, an officer to whom section 637a of this 

title applies may be continued on active duty in accordance with 

the provisions of such section 637a. 

‘‘§ 649j. Other administrative authorities 

‘‘(a) IN GENERAL.—The following provisions of this title shall 

apply to officers in competitive categories of officers designated 

for purposes of this subchapter: 

‘‘(1) Section 638b, relating to voluntary retirement incentives. 

‘‘(2) Section 639, relating to continuation on active duty 

to complete disciplinary action. 

‘‘(3) Section 640, relating to deferment of retirement or 

separation for medical reasons. 

‘‘§ 649k. Regulations 

‘‘The Secretary of Defense shall prescribe regulations regarding 

the administration of this subchapter. The elements of such regulations shall include mechanisms to clarify the manner in which 

provisions of other subchapters of this chapter shall be used in 

the administration of this subchapter in accordance with the provisions of this subchapter.’’. 

(2) CLERICAL AMENDMENT.—The table of subchapters at 

the beginning of chapter 36 of such title is amended by adding 

at the end the following new item: 

‘‘VI. Alternative Promotion Authority for Officers in Designated 

Competitive Categories ....................................................................... 649a’’. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall, 

in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on the 

10 USC 611 prec. 

10 USC 649k. 

10 USC 649j. 

10 USC 649i. 


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authorities in subchapter VI of chapter 36 of title 10, United 

States Code (as added by subsection (a)). 

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

(A) A detailed analysis and assessment of the manner 

in which the exercise of the authorities in subchapter VI 

of chapter 36 of title 10, United States Code (as so added), 

will effect the career progression of commissioned officers 

in the Armed Forces. 

(B) A description of the competitive categories of officers that are anticipated to be designated as competitive 

categories of officers for purposes of such authorities. 

(C) A plan for implementation of such authorities. 

(D) Such recommendations for legislative or administrative action as the Secretary of Defense considers appropriate to improve or enhance such authorities. 

SEC. 508. ATTENDING PHYSICIAN TO THE CONGRESS. 

(a) IN GENERAL.—Chapter 41 of title 10, United States Code, 

is amended by inserting before section 716 the following new section: 

‘‘§ 715. Attending Physician to the Congress: grade 

‘‘A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag 

officer serving as Attending Physician to the Congress, while so 

serving, holds the grade of rear admiral (upper half).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item 

relating to section 716 the following new item: 

‘‘715. Attending Physician to the Congress: grade’’. 

SEC. 509. MATTERS RELATING TO SATISFACTORY SERVICE IN GRADE 

FOR PURPOSES OF RETIREMENT GRADE OF OFFICERS IN 

HIGHEST GRADE OF SATISFACTORY SERVICE. 

(a) CONDITIONAL DETERMINATIONS OF GRADE OF SATISFACTORY

SERVICE.— 

(1) IN GENERAL.—Subsection (a)(1) of section 1370 of title 

10, United States Code, is amended by adding at the end 

the following new sentences: ‘‘When an officer is under investigation for alleged misconduct at the time of retirement, the 

Secretary concerned may conditionally determine the highest 

grade of satisfactory service of the officer pending completion 

of the investigation. Such grade is subject to resolution under 

subsection (b)(3).’’. 

(2) OFFICERS IN O–9 AND O–10 GRADES.—Subsection (c) of 

such section is amended by adding at the end the following 

new paragraph: 

‘‘(4) The Secretary of Defense may make a conditional certification regarding satisfactory service in grade under paragraph (1) 

with respect to an officer under that paragraph notwithstanding 

the fact that there is pending the disposition of an adverse personnel 

action against the officer for alleged misconduct. The retired grade 

of an officer following such a conditional certification is subject 

to resolution under subsection (b)(3).’’. 

(3) RESERVE OFFICERS.—Subsection (d)(1) of such section 

is amended by adding at the end the following new sentences: 

‘‘When an officer is under investigation for alleged misconduct 

10 USC 711 prec. 

10 USC 715. 


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at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service 

of the officer pending completion of the investigation. Such 

grade is subject to resolution under subsection (b)(3).’’. 

(b) CODIFICATION OF LOWERED GRADE FOR RETIRED OFFICERS

OR PERSONS WHO COMMITTED MISCONDUCT IN A LOWER GRADE.— (1) IN GENERAL.—Subsection (b) of such section is 

amended— 

(A) in the heading, by striking ‘‘NEXT’’; 

(B) by inserting ‘‘(1)’’ before ‘‘An’’; and 

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

‘‘(2) In the case of an officer or person whom the Secretary 

concerned determines committed misconduct in a lower grade, the 

Secretary concerned may determine the officer or person has not 

served satisfactorily in any grade equal to or higher than that 

lower grade. 

‘‘(3) A determination or certification of the retired grade of 

an officer shall be resolved following a conditional determination 

under subsection (a)(1) or (d)(1) or conditional certification under 

subsection (c)(4), if the investigation of or personnel action against 

the officer, as applicable, results in adverse findings. If the retired 

grade of an officer is reduced, the retired pay of the officer under 

chapter 71 of this title shall be recalculated, and any modification 

of the retired pay of the officer shall go into effect on the effective 

date of the reduction in retired grade.’’. 

(2) CONFORMING AMENDMENTS.—Such section is amended— 

(A) in subsection (a)(1)— 

(i) by striking ‘‘higher’’ and inserting ‘‘different’’; 

and 

(ii) by striking ‘‘except as provided in paragraph 

(2)’’ and inserting ‘‘subject to paragraph (2) and subsection (b)’’; 

(B) in subsection (c)(1), by striking ‘‘An officer’’ and 

inserting ‘‘Subject to subsection (b), an officer’’; and 

(C) in subsection (d)(1)— 

(i) by striking ‘‘higher’’ each place it appears and 

inserting ‘‘different’’; and 

(ii) by inserting ‘‘, subject to subsection (b),’’ before 

‘‘shall’’. 

(c) FINALITY OF RETIRED GRADE DETERMINATIONS.—Such section is further amended by adding at the end the following new 

subsection: 

‘‘(f) FINALITY OF RETIRED GRADE DETERMINATIONS.—(1) Except 

as otherwise provided by law, a determination or certification of 

the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be 

reopened. 

‘‘(2) A determination or certification of the retired grade of 

an officer may be reopened as follows: 

‘‘(A) If the retirement or retired grade of the officer was 

procured by fraud. 

‘‘(B) If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this 

section if known by competent authority at the time of retirement. 

‘‘(C) If a mistake of law or calculation was made in the 

determination of the retired grade. 


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‘‘(D) In the case of a retired grade following a conditional 

determination under subsection (a)(1) or (d)(1) or conditional 

certification under subsection (c)(4), if the investigation of or 

personnel action against the officer, as applicable, results in 

adverse findings. 

‘‘(E) If the Secretary concerned determines, pursuant to 

regulations prescribed by the Secretary of Defense, that good 

cause exists to reopen the determination or certification. 

‘‘(3) If a determination or certification of the retired grade 

of an officer is reopened, the Secretary concerned— 

‘‘(A) shall notify the officer of the reopening; and 

‘‘(B) may not make an adverse determination on the retired 

grade of the officer until the officer has had a reasonable 

opportunity to respond regarding the basis of the reopening. 

‘‘(4) If a certification of the retired grade of an officer covered 

by subsection (c) is reopened, the Secretary concerned shall also 

notify the President and Congress of the reopening. 

‘‘(5) If the retired grade of an officer is reduced through the 

reopening of the officer’s retired grade, the retired pay of the officer 

under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on 

the effective date of the reduction of the officer’s retired grade.’’. 

SEC. 510. GRADES OF CHIEFS OF CHAPLAINS. 

(a) ARMY.—Section 3073 of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘(a)’’ before ‘‘There’’; and 

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

‘‘(b) The Chief of Chaplains, while so serving, holds the grade 

of major general.’’. 

(b) NAVY.—Section 5142 of title 10, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(e) The Chief of Chaplains, while so serving, holds the grade 

of rear admiral (upper half).’’. 

(c) AIR FORCE.—Section 8039 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(c) GRADE OF CHIEF OF CHAPLAINS.—The Chief of Chaplains, 

while so serving, holds the grade of major general.’’. 

SEC. 511. REPEAL OF ORIGINAL APPOINTMENT QUALIFICATION 

REQUIREMENT FOR WARRANT OFFICERS IN THE REGULAR 

ARMY. 

(a) IN GENERAL.—Section 3310 of title 10, United States Code, 

is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 335 of such title is amended by striking the item 

relating to section 3310. 

SEC. 512. REDUCTION IN NUMBER OF YEARS OF ACTIVE NAVAL 

SERVICE REQUIRED FOR PERMANENT APPOINTMENT AS 

A LIMITED DUTY OFFICER. 

Section 5589(d) of title 10, United States Code, is amended 

by striking ‘‘10 years’’ and inserting ‘‘8 years’’. 

10 USC 3281 

prec. 


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132 STAT. 1752 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 513. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS 

AS NOT TO BE CONSIDERED FOR SELECTION FOR PROMOTION. 

Section 14301 of title 10, United States Code, as amended 

by section 505, is further amended by adding at the end the following new subsection: 

‘‘(k) CERTAIN OFFICERS NOT TO BE CONSIDERED FOR SELECTION

FOR PROMOTION.—The Secretary of the military department concerned may provide that an officer who is in an active status, 

but is in a duty status in which the only points the officer accrues 

under section 12732(a)(2) of this title are pursuant to subparagraph 

(C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion until 

completion of two years of service in such duty status. Any such 

officer may remain on the reserve active-status list.’’. 

SEC. 514. GAO REVIEW OF SURFACE WARFARE CAREER PATHS. 

(a) GAO REVIEW.—The Comptroller General of the United 

States shall conduct a review of Navy surface warfare career paths. 

(b) ELEMENTS.—The review under subsection (a) shall include 

the following: 

(1) A description of current and previous career paths for 

officers in the regular and reserve components of the Navy 

that are related to surface warfare, including career paths 

for— 

(A) unrestricted line officers; 

(B) limited duty officers; 

(C) engineering duty officers; and 

(D) warrant officers. 

(2) Any prior study that examined career paths described 

in paragraph (1). 

(3) The current and historical personnel levels (fit/fill rates) 

and deployment tempos aboard naval vessels for each of the 

career paths described in paragraph (1). 

(4) A comparison of the career paths of surface warfare 

officers with the career paths of surface warfare officers of 

foreign navies including— 

(A) initial training; 

(B) follow-on training; 

(C) career milestones; 

(D) qualification standards; and 

(E) watch standing requirements. 

(5) Any other matter the Comptroller General determines 

appropriate. 

(c) DEADLINES.—Not later than March 1, 2019, the Comptroller 

General shall brief the congressional defense committees on the 

preliminary findings of the study under this section. The Comptroller General shall submit a final report to the congressional 

defense committees as soon as practicable after such briefing. 

Subtitle B—Reserve Component 

Management 

SEC. 515. AUTHORIZED STRENGTH AND DISTRIBUTION IN GRADE. 

(a) STRENGTH AND GRADE AUTHORIZATIONS.—Section 12011(a) 

of title 10, United States Code is amended by striking those parts 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1753 

of the table pertaining to the Air National Guard and inserting 

the following: 

‘‘Air National Guard: 

Major Lieutenant Colonel Colonel 

10,000 ............................... 763 745 333 

12,000 ............................... 915 923 377 

14,000 ............................... 1,065 1,057 402 

16,000 ............................... 1,211 1,185 426 

18,000 ............................... 1,347 1,313 450 

20,000 ............................... 1,463 1,440 468 

22,000 ............................... 1,606 1,569 494 

24,000 ............................... 1,739 1,697 517 

26,000 ............................... 1,872 1,825 539 

28,000 ............................... 2,005 1,954 562 

30,000 ............................... 2,138 2,082 585 

32,000 ............................... 2,271 2,210 608 

34,000 ............................... 2,404 2,338 630 

36,000 ............................... 2,537 2,466 653 

38,000 ............................... 2,670 2,595 676 

40,000 ............................... 2,803 2,723 698’’. 

(b) STRENGTH AND GRADE AUTHORIZATIONS.—Section 12012(a) 

of title 10, United States Code is amended by striking those parts 

of the table pertaining to the Air National Guard and inserting 

the following: 

‘‘Air National Guard: 

E-8 E-9 

10,000 ................................................................ 1,350 550 

12,000 ................................................................ 1,466 594 

14,000 ................................................................ 1,582 636 

16,000 ................................................................ 1,698 676 

18,000 ................................................................ 1,814 714 

20,000 ................................................................ 1,930 752 

22,000 ................................................................ 2,046 790 

24,000 ................................................................ 2,162 828 

26,000 ................................................................ 2,278 866 

28,000 ................................................................ 2,394 904 

30,000 ................................................................ 2,510 942 

32,000 ................................................................ 2,626 980 

34,000 ................................................................ 2,742 1,018 

36,000 ................................................................ 2,858 1,056 

38,000 ................................................................ 2,974 1,094 

40,000 ................................................................ 3,090 1,132’’. 

SEC. 516. REPEAL OF PROHIBITION ON SERVICE ON ARMY RESERVE 

FORCES POLICY COMMITTEE BY MEMBERS ON ACTIVE 

DUTY. 

Section 10302 of title 10, United States Code, is amended— 

(1) in subsection (b), by striking ‘‘not on active duty’’ each 

place it appears; and 

(2) in subsection (c)— 

(A) by inserting ‘‘of the reserve components’’ after 

‘‘among the members’’; and 

(B) by striking ‘‘not on active duty’’. 


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132 STAT. 1754 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 517. EXPANSION OF PERSONNEL SUBJECT TO AUTHORITY OF 

THE CHIEF OF THE NATIONAL GUARD BUREAU IN THE 

EXECUTION OF FUNCTIONS AND MISSIONS OF THE 

NATIONAL GUARD BUREAU. 

Section 10508(b)(1) of title 10, United States Code, is amended 

by striking ‘‘sections 2103,’’ and all that follows through ‘‘of title 

32,’’ and inserting ‘‘sections 2102, 2103, 2105, and 3101 of title 

5, subchapter IV of chapter 53 of title 5, or section 328 of title 

32,’’. 

SEC. 518. AUTHORITY TO ADJUST EFFECTIVE DATE OF PROMOTION 

IN THE EVENT OF UNDUE DELAY IN EXTENDING FEDERAL 

RECOGNITION OF PROMOTION. 

(a) IN GENERAL.—Section 14308(f) of title 10, United States 

Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The effective date of promotion’’; and 

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

‘‘(2) If the Secretary concerned determines that there was an 

undue delay in extending Federal recognition in the next higher 

grade in the Army National Guard or the Air National Guard 

to a reserve commissioned officer of the Army or the Air Force, 

and the delay was not attributable to the action (or inaction) of 

such officer, the effective date of the promotion concerned under 

paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the 

State promotion.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date of the enactment of this Act, 

and shall apply with respect to promotions of officers whose State 

effective date is on or after that date. 

SEC. 519. NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 

Section 509(h) of title 32, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) Equipment and facilities of the Department of Defense 

may be used by the National Guard for purposes of carrying out 

the Program.’’. 

SEC. 520. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON USE 

OF RETIRED SENIOR ENLISTED MEMBERS OF THE ARMY 

NATIONAL GUARD AS ARMY NATIONAL GUARD 

RECRUITERS. 

Section 514 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91) is amended— 

(1) in subsection (d), by striking ‘‘2020’’ and inserting 

‘‘2021’’; and 

(2) in subsection (f), by striking ‘‘2019’’ and inserting ‘‘2020’’. 

10 USC 3013 

note. 

10 USC 14308 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1755 

Subtitle C—General Service Authorities 

and Correction of Military Records 

SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTEREST. 

(a) IN GENERAL.—Section 504(b) of title 10, United States Code, 

is amended— 

(1) in paragraph (2)— 

(A) by inserting ‘‘and subject to paragraph (3),’’ after 

‘‘Notwithstanding paragraph (1),’’; 

(B) by striking ‘‘enlistment is vital to the national 

interest.’’ and inserting ‘‘person possesses a critical skill 

or expertise—’’; and 

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

‘‘(A) that is vital to the national interest; and 

‘‘(B) that the person will use in the primary daily duties 

of that person as a member of the armed forces.’’; and 

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

(3): 

‘‘(3)(A) No person who enlists under paragraph (2) may report 

to initial training until after the Secretary concerned has completed 

all required background investigations and security and suitability 

screening as determined by the Secretary of Defense regarding 

that person. 

‘‘(B) A Secretary concerned may not authorize more than 1,000 

enlistments under paragraph (2) per military department in a calendar year until after— 

‘‘(i) the Secretary of Defense submits to Congress written 

notice of the intent of that Secretary concerned to authorize 

more than 1,000 such enlistments in a calendar year; and 

‘‘(ii) a period of 30 days has elapsed after the date on 

which Congress receives the notice.’’. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than December 31, 2019, and 

annually thereafter for each of the subsequent four years, the 

Secretary concerned shall submit a report to the Committees 

on Armed Services and the Judiciary of the Senate and the 

House of Representatives regarding persons who enter into 

enlistment contracts under section 504(b)(2) of title 10, United 

States Code, as amended by subsection (a). 

(2) ELEMENTS.—Each report under this subsection shall 

include the following: 

(A) The number of such persons who have entered 

into such contracts during the preceding calendar year. 

(B) How many such persons have successfully completed background investigations and vetting procedures. 

(C) How many such persons have begun initial 

training. 

(D) The skills that are vital to the national interest 

that such persons possess. 

SEC. 522. STATEMENT OF BENEFITS. 

(a) IN GENERAL.—Chapter 58 of title 10, United States Code, 

is amended by adding at the end the following new section: 


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132 STAT. 1756 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘§ 1155. Statement of benefits 

‘‘(a) BEFORE SEPARATION.—Not later than 30 days before a 

member retires, is released, is discharged, or otherwise separates 

from the armed forces (or as soon as is practicable in the case 

of an unanticipated separation), the Secretary concerned shall provide that member with a current assessment of all benefits to 

which that member may be entitled under laws administered by— 

‘‘(1) the Secretary of Defense; and 

‘‘(2) the Secretary of Veterans Affairs. 

‘‘(b) STATEMENT FOR RESERVES.—The Secretary concerned shall 

provide a member of a reserve component with a current assessment 

of benefits described in subsection (a) upon release of that member 

from active duty.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1154 the following new item: 

‘‘1155. Statement of benefits.’’. 

SEC. 523. MODIFICATION TO FORMS OF SUPPORT THAT MAY BE 

ACCEPTED IN SUPPORT OF THE MISSION OF THE DEFENSE 

POW/MIA ACCOUNTING AGENCY. 

(a) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection (a) of section 

1501a of title 10, United States Code, is amended by adding at 

the end the following new sentence: ‘‘An employee of an entity 

outside the Government that has entered into a public-private 

partnership, cooperative agreement, or a grant arrangement with, 

or in direct support of, the designated Defense Agency under this 

section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative 

agreement, or grant, only for the purposes of section 552a of title 

5 (relating to maintenance of records on individuals).’’. 

(b) AUTHORITY TO ACCEPT GIFTS IN SUPPORT OF MISSION TO

ACCOUNT FOR MISSING PERSONS FROM PAST CONFLICTS.—Such section is further amended— 

(1) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; 

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

‘‘(e) ACCEPTANCE OF GIFTS.— 

‘‘(1) AUTHORITY TO ACCEPT.—Subject to subsection (f)(2), 

the Secretary may accept, hold, administer, spend, and use 

any gift of personal property, money, or services made on 

the condition that the gift be used for the purpose of facilitating 

accounting for missing persons pursuant to section 1501(a)(2)(C) 

of this title. 

‘‘(2) GIFT FUNDS.—Gifts and bequests of money accepted 

under this subsection shall be deposited in the Treasury in 

the Department of Defense General Gift Fund. 

‘‘(3) USE OF GIFTS.—Personal property and money accepted 

under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without 

further specific authorization in law. 

‘‘(4) EXPENSES OF TRANSFER.—The Secretary may pay all 

necessary expenses in connection with the conveyance or 

transfer of a gift accepted under this subsection. 

10 USC 1141 

prec. 

10 USC 1155. 


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‘‘(5) EXPENSES OF CARE.—The Secretary may pay all reasonable and necessary expenses in connection with the care of 

a gift accepted under this subsection.’’; and 

(3) by adding at the end of subsection (g), as redesignated 

by paragraph (1) of this subsection, the following new paragraph: 

‘‘(3) GIFT.—The term ‘gift’ includes a devise or bequest.’’. 

(c) CONFORMING AMENDMENT.—Subsection (a) of such section 

is further amended by striking ‘‘subsection (e)(1)’’ and inserting 

‘‘subsection (f)(1)’’. 

SEC. 524. ASSESSMENT OF NAVY STANDARD WORKWEEK AND RELATED 

ADJUSTMENTS. 

(a) ASSESSMENT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of the Navy shall— 

(1) complete a comprehensive assessment of the standard 

workweek of the Navy; 

(2) carry out the activities required under subsections (b) 

and (c). 

(b) ADJUSTMENTS.—The Secretary of the Navy shall— 

(1) update instruction 1000.16L of the Office of the Chief 

of Naval Operations titled ‘‘Navy Total Force Manpower Policies 

and Procedures’’ in order to— 

(A) analyze and quantify current in-port workloads; 

and 

(B) based on the analysis carried out pursuant to 

subparagraph (A), identify the manpower necessary to execute in-port workloads for all surface ship classes; 

(2) update the criteria set forth in the instruction that 

are used to reassess the factors for calculating manpower 

requirements periodically or when conditions change; and 

(3) taking into account the updates required by paragraphs 

(1) and (2), identify personnel needs and costs associated with 

the planned larger size of the Navy fleet. 

(c) ADDED DEMANDS.—The Secretary of the Navy shall identify 

and quantify any increased or new requirements with respect to 

Navy ship crews, including Ready, Relevant Learning training 

periods and additional work that affects readiness and technical 

qualifications for Navy ship crews. 

SEC. 525. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES. 

(a) IN GENERAL.—The Secretary of the Navy shall notify the 

congressional defense committees, in writing, not later than 15 

days after any of the following conditions are met: 

(1) The manning fit for a covered ship is less than 87 

percent. 

(2) The manning fill for a covered ship is less than 90 

percent. 

(b) NOTIFICATION REQUIRED.—The notification required by subsection (a) shall include, with respect to a covered ship, the following: 

(1) The name and hull number of the ship. 

(2) The homeport location of the ship. 

(3) The current manning fit and fill of the ship. 

(4) The lowest levels of manning fit and fill projected for 

the ship and the date on which such levels are expected to 

occur. 

10 USC 8013 

note. 


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132 STAT. 1758 PUBLIC LAW 115–232—AUG. 13, 2018 

(5) The projected date on which the Navy will achieve 

a manning fit and fill at least 87 percent and 90 percent, 

respectively, for the ship. 

(6) The projected date on which the Navy will achieve 

a manning fit and fill of at least 92 percent and 95 percent, 

respectively, for the ship. 

(7) A description of any reasons the Navy will not achieve 

manning fit and fill of at least 87 percent and 90 percent, 

respectively, for the ship, including a detailed description of 

the specific ratings or skillset areas that must be manned 

to achieve those percentages. 

(8) A description of corrective actions the Navy is taking 

to improve manning fit or manning fill on the ship. 

(c) SPECIAL RULE.—For purposes of determining whether a 

percentage of manning fit or manning fill has been achieved, a 

sailor in a more senior paygrade may count as filling the billet 

of a more junior paygrade, but a sailor in a more junior paygrade 

may not count as filling the billet of a more senior paygrade. 

(d) DEFINITIONS.—In this section: 

(1) MANNING FIT.—The term ‘‘manning fit’’ means the skills 

(rating), specialty skills (Navy Enlisted Classifications), and 

experience (paygrade) for the ship as compared with the billets 

authorized for such skills and experience. 

(2) MANNING FILL.—The term ‘‘manning fill’’, in the case 

of a ship, means the total number of military personnel assigned 

to the ship by rating when compared with the billets authorized 

for the ship by rating. 

(3) COVERED SHIP.—The term ‘‘covered ship’’ means a 

commissioned battle force ship that is included in the battle 

force count of the Naval Vessel Register. 

SEC. 526. NAVY WATCHSTANDER RECORDS. 

(a) IN GENERAL.—The Secretary of the Navy shall require that, 

commencing not later than 180 days after the date of the enactment 

of this Act, key watchstanders on Navy surface ships shall maintain 

a career record of watchstanding hours and specific operational 

evolutions. 

(b) KEY WATCHSTANDER DEFINED.—In this section, the term 

‘‘key watchstander’’ means each of the following: 

(1) Officer of the Deck. 

(2) Engineering Officer of the Watch. 

(3) Conning Officer or Piloting Officer. 

(4) Any other officer specified by the Secretary for purposes 

of this section. 

(c) BRIEFINGS OF CONGRESS.— 

(1) INITIAL BRIEFING.—Not later than 150 days after the 

date of the enactment of this Act, the Secretary shall provide 

to the Committees on Armed Services of the Senate and the 

House of Representatives a briefing on the plan of the Secretary 

for the maintenance of watchstander records, including updates 

to policy documents. 

(2) UPDATE BRIEFINGS.—Not later than one year after the 

briefing pursuant to paragraph (1), and annually thereafter 

for the next two years, the Secretary shall provide to the 

committees of Congress referred to in that paragraph an update 

briefing on the status of the implementation of the plan 

described in that paragraph. 

10 USC 8013 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1759 

SEC. 527. QUALIFICATION EXPERIENCE REQUIREMENTS FOR CERTAIN 

NAVY WATCHSTATIONS. 

(a) IN GENERAL.—Not later than 180 days after the date the 

of enactment of this Act, the Secretary of the Navy shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the adequacy of individual training 

for certain watchstations, including any planned or recommended 

changes in qualification standards for such watchstations. 

(b) WATCHSTATIONS.—The watchstations covered by the report 

required by subsection (a) are the following: 

(1) Officer of the Deck. 

(2) Combat Information Center Watch Officer. 

(3) Tactical Action Officer. 

(4) Engineering Officer of the Watch. 

(5) Conning Officer or Piloting Officer. 

Subtitle D—Military Justice 

SEC. 531. INCLUSION OF STRANGULATION AND SUFFOCATION IN CONDUCT CONSTITUTING AGGRAVATED ASSAULT FOR PURPOSES OF THE UNIFORM CODE OF MILITARY JUSTICE. 

(a) IN GENERAL.—Subsection (b) of section 928 of title 10, 

United States Code (article 128 of the Uniform Code of Military 

Justice), is amended— 

(1) in paragraph (1), by striking ‘‘or’’ at the end; 

(2) in paragraph (2), by adding ‘‘or’’ after the semicolon; 

and 

(3) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) who commits an assault by strangulation or suffocation;’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on January 1, 2019, immediately after the 

coming into effect of the amendment made by section 5441 of 

the Military Justice Act of 2016 (division E of Public Law 114– 

328; 130 Stat. 2954) as provided in section 5542 of that Act (130 

Stat. 2967; 10 U.S.C. 801 note). 

SEC. 532. PUNITIVE ARTICLE ON DOMESTIC VIOLENCE UNDER THE 

UNIFORM CODE OF MILITARY JUSTICE. 

(a) PUNITIVE ARTICLE.— 

(1) IN GENERAL.—Subchapter X of chapter 47 of title 10, 

United States Code (the Uniform Code of Military Justice), 

is amended by inserting after section 928a (article 128a) the 

following new section (article): 

‘‘§ 928b. Art. 128b. 

‘‘Any person who— 

‘‘(1) commits a violent offense against a spouse, an intimate 

partner, or an immediate family member of that person; 

‘‘(2) with intent to threaten or intimidate a spouse, an 

intimate partner, or an immediate family member of that person— 

‘‘(A) commits an offense under this chapter against 

any person; or 

10 USC 928b 

note. 

10 USC 928 note. 


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‘‘(B) commits an offense under this chapter against 

any property, including an animal; 

‘‘(3) with intent to threaten or intimidate a spouse, an 

intimate partner, or an immediate family member of that person, violates a protection order; 

‘‘(4) with intent to commit a violent offense against a 

spouse, an intimate partner, or an immediate family member 

of that person, violates a protection order; or 

‘‘(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating; 

shall be punished as a court-martial may direct.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter X of chapter 47 of such title (the 

Uniform Code of Military Justice) is amended by inserting 

after the item relating to section 928a (article 128a) the following new item: 

‘‘928b. 128b. Domestic violence.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2019, immediately after the coming 

into effect of the amendments made by the Military Justice Act 

of 2016 (division E of Public Law 114–328) as provided in section 

5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note). 

SEC. 533. AUTHORITIES OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL 

ASSAULT IN THE ARMED FORCES. 

Section 546 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 

1561 note) is amended— 

(1) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

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

‘‘(d) AUTHORITIES.— ‘‘(1) HEARINGS.—The Advisory Committee may hold such 

hearings, sit and act at such times and places, take such 

testimony, and receive such evidence as the committee considers 

appropriate to carry out its duties under this section. 

‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 

by the chair of the Advisory Committee, a department or agency 

of the Federal Government shall provide information that the 

Advisory Committee considers necessary to carry out its duties 

under this section. In carrying out this paragraph, the department or agency shall take steps to prevent the unauthorized 

disclosure of personally identifiable information.’’. 

SEC. 534. REPORT ON FEASIBILITY OF EXPANDING SERVICES OF THE 

SPECIAL VICTIMS’ COUNSEL TO VICTIMS OF DOMESTIC 

VIOLENCE. 

(a) REPORT REQUIRED.—Not later than February 1, 2019, the 

Secretary of Defense, in consultation with the Secretaries of the 

military departments, shall submit a report to the Committees 

on Armed Services of the Senate and House of Representatives 

regarding the feasibility and advisability of expanding eligibility 

for the Special Victims’ Counsel programs under section 1044e 

of title 10, United States Code (hereinafter referred to as ‘‘the 

SVC programs’’), to include victims of domestic violence. 

10 USC 928b 

note. 

10 USC 877 prec. 


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(b) ELEMENTS.—The report under this section shall include 

the following: 

(1) The current workload of the SVC programs. 

(2) An analysis of the current personnel authorizations 

for the SVC programs. 

(3) The optimal personnel levels for the SVC programs. 

(4) An analysis of the effects that the expansion described 

in subsection (a) would have on the SVC programs, including— 

(A) the estimated increase in workload; 

(B) the estimated number of additional personnel that 

would be required to accommodate such increase; and 

(C) the ability of the military departments to fill any 

additionally authorized billets for SVC programs with 

qualified judge advocates who possess military justice 

experience. 

SEC. 535. UNIFORM COMMAND ACTION FORM ON DISPOSITION OF 

UNRESTRICTED SEXUAL ASSAULT CASES INVOLVING MEMBERS OF THE ARMED FORCES. 

The Secretary of Defense shall establish a uniform command 

action form, applicable across the Armed Forces, for reporting the 

final disposition of cases of sexual assault in which— 

(1) the alleged offender is a member of the Armed Forces; 

and 

(2) the victim files an unrestricted report on the alleged 

assault. 

SEC. 536. STANDARDIZATION OF POLICIES RELATED TO EXPEDITED 

TRANSFER IN CASES OF SEXUAL ASSAULT OR DOMESTIC 

VIOLENCE. 

(a) POLICIES FOR MEMBERS.—The Secretary of Defense shall 

modify, in accordance with section 673 of title 10, United States 

Code, all policies that the Secretary determines necessary to establish a standardized expedited transfer process for a member of 

the Army, Navy, Air Force, or Marine Corps who is the alleged 

victim of— 

(1) sexual assault (regardless of whether the case is handled 

under the Sexual Assault Prevention and Response Program 

or Family Advocacy Program); or 

(2) physical domestic violence (as defined by the Secretary 

in regulations prescribed under this section) committed by the 

spouse or intimate partner of the member, regardless of 

whether the spouse or intimate partner is a member of the 

Armed Forces. 

(b) POLICY FOR DEPENDENTS OF MEMBERS.—The Secretary of 

Defense shall establish a policy to allow the transfer of a member 

of the Army, Navy, Air Force, or Marine Corps whose dependent 

is the victim of sexual assault perpetrated by a member of the 

Armed Forces who is not related to the victim. 

Subtitle E—Other Legal Matters 

SEC. 541. CLARIFICATION OF EXPIRATION OF TERM OF APPELLATE 

MILITARY JUDGES OF THE UNITED STATES COURT OF 

MILITARY COMMISSION REVIEW. 

(a) IN GENERAL.—Section 950f(b) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

10 USC 673 note. 

10 USC 1561 

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‘‘(6) The term of an appellate military judge assigned to the 

Court under paragraph (2) or appointed to the Court under paragraph (3) shall expire on the earlier of the date on which— 

‘‘(A) the judge leaves active duty; or 

‘‘(B) the judge is reassigned to other duties in accordance 

with section 949b(b)(4) of this title.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply to each judge of the United States Court of Military 

Commission Review serving on that court on the date of the enactment of this Act and each judge assigned or appointed to that 

court on or after such date. 

SEC. 542. SECURITY CLEARANCE REINVESTIGATION OF CERTAIN PERSONNEL WHO COMMIT CERTAIN OFFENSES. 

Section 1564 of title 10, United States Code, is amended— 

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

subsection (d), (e), (f), and (g), respectively; and 

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

‘‘(c) REINVESTIGATION OR READJUDICATION OF CERTAIN INDIVIDUALS.—(1) The Secretary of Defense shall conduct an investigation 

or adjudication under subsection (a) of any individual described 

in paragraph (2) upon— 

‘‘(A) conviction of that individual by a court of competent 

jurisdiction for— 

‘‘(i) sexual assault; 

‘‘(ii) sexual harassment; 

‘‘(iii) fraud against the United States; or 

‘‘(iv) any other violation that the Secretary determines 

renders that individual susceptible to blackmail or raises 

serious concern regarding the ability of that individual 

to hold a security clearance; or 

‘‘(B) determination by a commanding officer that that individual has committed an offense described in subparagraph 

(A). 

‘‘(2) An individual described in this paragraph in an individual 

who has a security clearance and is— 

‘‘(A) a flag officer; 

‘‘(B) a general officer; or 

‘‘(C) an employee of the Department of Defense in the 

Senior Executive Service. 

‘‘(3) The Secretary shall ensure that relevant information on 

the conviction or determination described in paragraph (1) of an 

individual described in paragraph (2) during the preceding year, 

regardless of whether the individual has retired or resigned or 

has been discharged, released, or otherwise separated from the 

armed forces, is reported into Federal law enforcement records 

and security clearance databases, and that such information is 

transmitted, as appropriate, to other Federal agencies. 

‘‘(4) In this subsection: 

‘‘(A) The term ‘sexual assault’ includes rape, sexual assault, 

forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms 

are defined in chapter 47 of this title (the Uniform Code of 

Military Justice). 

‘‘(B) The term ‘sexual harassment’ has the meaning given 

that term in section 1561 of this title. 

10 USC 950f 

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‘‘(C) The term ‘fraud against the United States’ means 

a violation of section 932 of this title (article 132 of the Uniform 

Code of Military Justice).’’. 

SEC. 543. DEVELOPMENT OF OVERSIGHT PLAN FOR IMPLEMENTATION 

OF DEPARTMENT OF DEFENSE HARASSMENT PREVENTION 

AND RESPONSE POLICY. 

(a) DEVELOPMENT.—The Secretary of Defense shall develop a 

plan for overseeing the implementation of the instruction titled 

‘‘Harassment Prevention and Response in the Armed Forces’’, published on February 8, 2018 (DODI–1020.03). 

(b) ELEMENTS.—The plan under subsection (a) shall require 

the military services and other components of the Department 

of Defense to take steps by certain dates to implement harassment 

prevention and response programs under such instruction, including 

no less than the following: 

(1) Submitting implementation plans to the Director, Force 

Resiliency. 

(2) Incorporating performance measures that assess the 

effectiveness of harassment prevention and response programs. 

(3) Adopting compliance standards for promoting, supporting, and enforcing policies, plans, and programs. 

(4) Tracking, collecting, and reporting data and information 

on sexual harassment incidents based on standards established 

by the Secretary. 

(5) Instituting anonymous complaint mechanisms. 

(c) REPORT.—Not later than July 1, 2019, the Secretary shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the oversight plan developed under this section. The report shall include, for each military 

service and component of the Department of Defense, the 

implementation status of each element of the oversight plan. 

SEC. 544. OVERSIGHT OF REGISTERED SEX OFFENDER MANAGEMENT 

PROGRAM. 

(a) DESIGNATION OF OFFICIAL OR ENTITY.—The Secretary of 

Defense shall designate a single official or existing entity within 

the Office of the Secretary of Defense to serve as the official or 

entity (as the case may be) with principal responsibility in the 

Department of Defense for providing oversight of the registered 

sex offender management program of the Department. 

(b) DUTIES.—The official or entity designated under subsection 

(a) shall— 

(1) monitor compliance with Department of Defense 

Instruction 5525.20 and other relevant polices; 

(2) compile data on members serving in the military departments who have been convicted of a qualifying sex offense, 

including data on the sex offender registration status of each 

such member; 

(3) maintain statistics on the total number of active duty 

service members in each military department who are required 

to register as sex offenders; and 

(4) perform such other duties as the Secretary of Defense 

determines to be appropriate. 

(c) BRIEFING REQUIRED.—Not later than June 1, 2019, the 

Secretary of Defense shall provide to the Committee on Armed 

Services of the House of Representatives a briefing on— 

10 USC 131 note. 


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(1) the compliance of the military departments with the 

policies of the Department of Defense relating to registered 

sex offenders; 

(2) the results of the data compilation described in subsection (b)(2); and 

(3) any other matters the Secretary determines to be appropriate. 

(d) MILITARY DEPARTMENTS DEFINED.—In this section, the term 

‘‘military departments’’ has the meaning given that term in section 

101(a)(8) of title 10, United States Code. 

SEC. 545. DEVELOPMENT OF RESOURCE GUIDES REGARDING SEXUAL 

ASSAULT FOR THE MILITARY SERVICE ACADEMIES. 

(a) DEVELOPMENT.—Not later than 30 days after the date of 

the enactment of this Act, each Superintendent of a military service 

academy shall develop and maintain a resource guide for students 

at the respective military service academies regarding sexual 

assault. 

(b) ELEMENTS.—Each guide developed under this section shall 

include the following information with regards to the relevant military service academy: 

(1) PROCESS OVERVIEW AND DEFINITIONS.— 

(A) An explanation of prohibited conduct, including 

examples. 

(B) An explanation of consent. 

(C) Victims’ rights. 

(D) Clearly described complaint process, including to 

whom a complaint may be filed. 

(E) Explanations of restricted and unrestricted 

reporting. 

(F) List of mandatory reporters. 

(G) Protections from retaliation. 

(H) Assurance that leadership will take appropriate 

corrective action. 

(I) References to specific policies. 

(J) Resources for survivors. 

(2) EMERGENCY SERVICES.— 

(A) Contact information. 

(B) Location. 

(3) SUPPORT AND COUNSELING.—Contact information for 

the following support and counseling resources: 

(A) The Sexual Assault Prevention and Response 

Victim Advocate or other equivalent advocate or counselor 

available to students in cases of sexual assault. 

(B) The Sexual Harassment/Assault Response and 

Prevention Resource Program Center. 

(C) Peer counseling. 

(D) Medical care. 

(E) Legal counsel. 

(F) Hotlines. 

(G) Chaplain or other spiritual representatives. 

(c) DISTRIBUTION.—Each Superintendent shall provide the current guide developed by that Superintendent under this section— 

(1) not later than 30 days after completing development 

under subsection (a) to each student who is enrolled at the 

military service academy of that Superintendent on the date 

of the enactment of this Act; 

10 USC 7461 

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(2) at the beginning of each academic year after the date 

of the enactment of this Act to each student who enrolls at 

the military service academy of that Superintendent; and 

(3) as soon as practicable to a student at the military 

service academy of that Superintendent who reports that such 

student is a victim of sexual assault. 

SEC. 546. IMPROVED CRIME REPORTING. 

(a) TRACKING PROCESS.—The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish 

a consolidated tracking process for the Department of Defense to 

ensure increased oversight of the timely submission of crime 

reporting data to the Federal Bureau of Investigation under section 

922(g) of title 18, United States Code, and Department of Defense 

Instruction 5505.11, ‘‘Fingerprint Card and Final Disposition Report 

Submission Requirements’’. The tracking process shall, to the maximum extent possible, standardize and automate reporting and 

increase the ability of the Department to track such submissions. 

(b) LETTER REQUIRED.—Not later than July 1, 2019, the Secretary of Defense shall submit a letter to the Committees on Armed 

Services of the Senate and House of Representatives that details 

the tracking process under subsection (a). 

SEC. 547. REPORT ON VICTIMS OF SEXUAL ASSAULT IN REPORTS OF 

MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. 

(a) REPORT.—Not later than September 30, 2019, and not less 

frequently than once every two years thereafter, the Secretary 

of Defense, acting through the Defense Advisory Committee on 

Investigation, Prosecution, and Defense of Sexual Assault in the 

Armed Forces shall submit to the congressional defense committees 

a report that includes, with respect to the period of two years 

preceding the date of the submittal of the report, the following: 

(1) The number of instances in which a covered individual 

was accused of misconduct or crimes considered collateral to 

the investigation of a sexual assault committed against the 

individual. 

(2) The number of instances in which adverse action was 

taken against a covered individual who was accused of collateral 

misconduct or crimes as described in paragraph (1). 

(3) The percentage of investigations of sexual assaults that 

involved an accusation or adverse action against a covered 

individual as described in paragraphs (1) and (2). 

(b) COVERED INDIVIDUAL DEFINED.—In this section, the term 

‘‘covered individual’’ means an individual who is identified as a 

victim of a sexual assault in the case files of a military criminal 

investigative organization. 

Subtitle F—Member Education, Training, 

Resilience, and Transition 

SEC. 551. PERMANENT CAREER INTERMISSION PROGRAM. 

(a) CODIFICATION AND PERMANENT AUTHORITY.—Chapter 40 of 

title 10, United States Code, is amended by adding at the end 

the following new section 710: 

10 USC 1561 

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10 USC 113 note. 


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‘‘§ 710. Career flexibility to enhance retention of members 

‘‘(a) PROGRAMS AUTHORIZED.—Each Secretary of a military 

department may carry out programs under which members of the 

regular components and members on Active Guard and Reserve 

duty of the armed forces under the jurisdiction of such Secretary 

may be inactivated from active service in order to meet personal 

or professional needs and returned to active service at the end 

of such period of inactivation from active service. 

‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERVICE; EFFECT

OF INACTIVATION.—(1) The period of inactivation from active service 

under a program under this section of a member participating 

in the program shall be such period as the Secretary of the military 

department concerned shall specify in the agreement of the member 

under subsection (c), except that such period may not exceed three 

years. 

‘‘(2) Any service by a Reserve officer while participating in 

a program under this section shall be excluded from computation 

of the total years of service of that officer pursuant to section 

14706(a) of this title. 

‘‘(3) Any period of participation of a member in a program 

under this section shall not count toward— 

‘‘(A) eligibility for retirement or transfer to the Ready 

Reserve under either chapter 571 or 1223 of this title; or 

‘‘(B) computation of retired or retainer pay under chapter 

71 or 1223 of this title. 

‘‘(c) AGREEMENT.—Each member of the armed forces who 

participates in a program under this section shall enter into a 

written agreement with the Secretary of the military department 

concerned under which agreement that member shall agree as 

follows: 

‘‘(1) To accept an appointment or enlist, as applicable, 

and serve in the Ready Reserve of the armed force concerned 

during the period of the inactivation of the member from active 

service under the program. 

‘‘(2) To undergo during the period of the inactivation of 

the member from active service under the program such inactive service training as the Secretary concerned shall require 

in order to ensure that the member retains proficiency, at 

a level determined by the Secretary concerned to be sufficient, 

in the military skills, professional qualifications, and physical 

readiness of the member during the inactivation of the member 

from active service. 

‘‘(3) Following completion of the period of the inactivation 

of the member from active service under the program, to serve 

two months as a member of the armed forces on active service 

for each month of the period of the inactivation of the member 

from active service under the program. 

‘‘(d) CONDITIONS OF RELEASE.—The Secretary of Defense shall 

prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the 

agreement required by subsection (c). At a minimum, the Secretary 

shall prescribe the procedures and standards to be used to instruct 

a member on the obligations to be assumed by the member under 

paragraph (2) of such subsection while the member is released 

from active service. 

‘‘(e) ORDER TO ACTIVE SERVICE.—Under regulations prescribed 

by the Secretary of the military department concerned, a member 

10 USC 710. 


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of the armed forces participating in a program under this section 

may, in the discretion of such Secretary, be required to terminate 

participation in the program and be ordered to active service. 

‘‘(f) PAY AND ALLOWANCES.—(1) During each month of participation in a program under this section, a member who participates 

in the program shall be paid basic pay in an amount equal to 

two-thirtieths of the amount of monthly basic pay to which the 

member would otherwise be entitled under section 204 of title 

37 as a member of the uniformed services on active service in 

the grade and years of service of the member when the member 

commences participation in the program. 

‘‘(2)(A) A member who participates in a program shall not, 

while participating in the program, be paid any special or incentive 

pay or bonus to which the member is otherwise entitled under 

an agreement under chapter 5 of title 37 that is in force when 

the member commences participation in the program. 

‘‘(B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member 

to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus 

under chapter 5 of title 37 that is in force when the member 

commences participation in the program. 

‘‘(3)(A) Subject to subparagraph (B), upon the return of a 

member to active service after completion by the member of participation in a program— 

‘‘(i) any agreement entered into by the member under 

chapter 5 of title 37 for the payment of a special or incentive 

pay or bonus that was in force when the member commenced 

participation in the program shall be revived, with the term 

of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and 

‘‘(ii) any special or incentive pay or bonus shall be payable 

to the member in accordance with the terms of the agreement 

concerned for the term specified in clause (i). 

‘‘(B)(i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with 

respect to a member if, at the time of the return of the member 

to active service as described in that subparagraph— 

‘‘(I) such pay or bonus is no longer authorized by law; 

or 

‘‘(II) the member does not satisfy eligibility criteria for 

such pay or bonus as in effect at the time of the return of 

the member to active service. 

‘‘(ii) Subparagraph (A) shall cease to apply to any special or 

incentive pay or bonus otherwise covered by that subparagraph 

with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus 

ceases being authorized by law. 

‘‘(C) A member who is ineligible for payment of a special or 

incentive pay or bonus otherwise covered by this paragraph by 

reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with 

the terms of the applicable agreement of the member under chapter 

5 of title 37. 

‘‘(D) Any service required of a member under an agreement 

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as described in subparagraph (A) shall be in addition to any service 

required of the member under an agreement under subsection (c). 

‘‘(4)(A) Subject to subparagraph (B), a member who participates 

in a program is entitled, while participating in the program, to 

the travel and transportation allowances authorized by section 474 

of title 37 for— 

‘‘(i) travel performed from the residence of the member, 

at the time of release from active service to participate in 

the program, to the location in the United States designated 

by the member as his residence during the period of participation in the program; and 

‘‘(ii) travel performed to the residence of the member upon 

return to active service at the end of the participation of the 

member in the program. 

‘‘(B) An allowance is payable under this paragraph only with 

respect to travel of a member to and from a single residence. 

‘‘(5) A member who participates in a program is entitled to 

carry forward the leave balance existing as of the day on which 

the member begins participation and accumulated in accordance 

with section 701 of this title, but not to exceed 60 days. 

‘‘(g) PROMOTION.—(1)(A) An officer participating in a program 

under this section shall not, while participating in the program, 

be eligible for consideration for promotion under chapter 36 or 

1405 of this title. 

‘‘(B) Upon the return of an officer to active service after completion by the officer of participation in a program— 

‘‘(i) the Secretary of the military department concerned 

shall adjust the date of rank of the officer in such manner 

as the Secretary of Defense shall prescribe in regulations for 

purposes of this section; and 

‘‘(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, 

and seniority are eligible for consideration for promotion. 

‘‘(2) An enlisted member participating in a program shall not 

be eligible for consideration for promotion during the period that— 

‘‘(A) begins on the date of the inactivation of the member 

from active service under the program; and 

‘‘(B) ends at such time after the return of the member 

to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and 

such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of 

the program. 

‘‘(h) CONTINUED ENTITLEMENTS.—A member participating in 

a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty 

for a period of more than 30 days for purposes of— 

‘‘(1) the entitlement of the member and of the dependents 

of the member to medical and dental care under the provisions 

of chapter 55 of this title; and 

‘‘(2) retirement or separation for physical disability under 

the provisions of chapters 55 and 61 of this title.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) TABLE OF SECTIONS.—The table of sections at the beginning of such chapter is amended by inserting after the item 

relating to section 709a the following new item: 

‘‘710. Career flexibility to enhance retention of members.’’. 

10 USC 701 prec. 


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(2) CONFORMING REPEAL.—Section 533 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 (10 U.S.C. prec. 701 note) is repealed. 

SEC. 552. IMPROVEMENTS TO TRANSITION ASSISTANCE PROGRAM. 

(a) PATHWAYS FOR TAP.— 

(1) IN GENERAL.—Section 1142 of title 10, United States 

Code, is amended— 

(A) in the section heading by striking ‘‘medical’’ and 

inserting ‘‘certain’’; 

(B) in subsection (a)— 

(i) in paragraph (1), by inserting ‘‘(regardless of 

character of discharge)’’ after ‘‘discharge’’; 

(ii) in paragraph (3)(A)— 

(I) by striking ‘‘as soon as possible during the 

12-month period preceding’’ and inserting ‘‘not 

later than 365 days before’’; 

(II) by striking ‘‘90 days’’ and inserting ‘‘365 

days’’; and 

(III) by striking ‘‘discharge or release’’ and 

inserting ‘‘retirement or other separation’’; and 

(iii) in paragraph (3)(B)— 

(I) by striking ‘‘90’’ and inserting ‘‘365’’; and 

(II) by striking ‘‘90-day’’ and inserting ‘‘365- 

day’’; 

(C) by redesignating subsection (c) as subsection (d); 

(D) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) COUNSELING PATHWAYS.—(1) Each Secretary concerned, in 

consultation with the Secretaries of Labor and Veterans Affairs, 

shall establish at least three pathways for members of the military 

department concerned receiving individualized counseling under 

this section. The Secretaries shall design the pathways to address 

the needs of members, based on the following factors: 

‘‘(A) Rank. 

‘‘(B) Term of service. 

‘‘(C) Gender. 

‘‘(D) Whether the member was a member of a regular 

or reserve component of an armed force. 

‘‘(E) Disability. 

‘‘(F) Character of discharge (including expedited discharge and discharge under conditions other than honorable). 

‘‘(G) Health (including mental health). 

‘‘(H) Military occupational specialty. 

‘‘(I) Whether the member intends, after separation, 

retirement, or discharge, to— 

‘‘(i) seek employment; 

‘‘(ii) enroll in a program of higher education; 

‘‘(iii) enroll in a program of vocational training; 

or 

‘‘(iv) become an entrepreneur. 

‘‘(J) The educational history of the member. 

‘‘(K) The employment history of the member. 

‘‘(L) Whether the member has secured— 

‘‘(i) employment; 

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‘‘(iii) enrollment in a program of vocational 

training. 

‘‘(M) Other factors the Secretary of Defense and the 

Secretary of Homeland Security, in consultation with the 

Secretaries of Labor and Veterans Affairs, determine appropriate. 

‘‘(2) Each member described in subsection (a) shall meet in 

person or by video conference with a counselor before beginning 

counseling under this section to— 

‘‘(A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places 

the member in the appropriate pathway under this subsection; 

‘‘(B) receive information from the counselor regarding 

reenlistment in the armed forces; and 

‘‘(C) receive information from the counselor regarding 

resources (including resources regarding military sexual 

trauma)— 

‘‘(i) for members of the armed forces separated, retired, 

or discharged; 

‘‘(ii) located in the community in which the member 

will reside after separation, retirement, or discharge. 

‘‘(3) At the meeting under paragraph (2), the member may 

elect to have the Secretary concerned (in consultation with the 

Secretaries of Labor and Veterans Affairs) provide the contact 

information of the member to the resources described in paragraph 

(2)(B).’’; and 

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

‘‘(e) JOINT SERVICE TRANSCRIPT.—The Secretary concerned shall 

provide a copy of the joint service transcript of a member described 

in subsection (a) to— 

‘‘(1) that member— 

‘‘(A) at the meeting with a counselor under subsection 

(c)(2); and 

‘‘(B) on the day the member separates, retires, or is 

discharged; and 

‘‘(2) the Secretary of Veterans Affairs on the day the 

member separates, retires, or is discharged.’’. 

(2) DEADLINE.—Each Secretary concerned shall carry out 

subsection (c) of such section, as amended by paragraph (1), 

not later than 1 year after the date of the enactment of this 

Act. 

(3) GAO STUDY.—Not later than 1 year after the Secretaries 

concerned carry out subsection (c) of such section, as amended 

by paragraph (1), the Comptroller General of the United States 

shall submit to Congress a review of the pathways for the 

Transition Assistance Program established under such subsection (c). 

(b) CONTENTS OF TAP.— 

(1) IN GENERAL.—Section 1144 of title 10, United States 

Code, is amended— 

(A) in subsection (a), by striking ‘‘Such services’’ and 

inserting ‘‘Subject to subsection (f)(2), such services’’; and 

(B) by amending subsection (f) to read as follows: 

‘‘(f) PROGRAM CONTENTS.—(1) The program carried out under 

this section shall consist of instruction as follows: 

10 USC 1142 

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‘‘(A) One day of preseparation training specific to the 

armed force concerned, as determined by the Secretary 

concerned. 

‘‘(B) One day of instruction regarding— 

‘‘(i) benefits under laws administered by the Secretary of Veterans Affairs; and 

‘‘(ii) other subjects determined by the Secretary 

concerned. 

‘‘(C) One day of instruction regarding preparation for 

employment. 

‘‘(D) Two days of instruction regarding a topic selected 

by the member from the following subjects: 

‘‘(i) Preparation for employment. 

‘‘(ii) Preparation for education. 

‘‘(iii) Preparation for vocational training. 

‘‘(iv) Preparation for entrepreneurship. 

‘‘(v) Other options determined by the Secretary 

concerned. 

‘‘(2) The Secretary concerned may permit a member to attend 

training and instruction under the program established under this 

section— 

‘‘(A) before the time periods established under section 

1142(a)(3) of this title; 

‘‘(B) in addition to such training and instruction required 

during such time periods.’’. 

(2) DEADLINE.—The Transition Assistance Program shall 

comply with the requirements of section 1144(f) of title 10, 

United States Code, as amended by paragraph (1), not later 

than 1 year after the date of the enactment of this Act. 

(3) ACTION PLAN.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit an action plan to the congressional defense committees 

that— 

(A) details how the Secretary shall implement the 

requirements of section 1144(f) of title 10, United States 

Code, as amended by paragraph (1); and 

(B) details how the Secretary, in consultation with 

the Secretaries of Veterans Affairs and Labor, shall establish standardized performance metrics to measure Transition Assistance Program participation and outcome-based 

objective benchmarks in order to— 

(i) provide feedback to the Departments of Defense, 

Veterans Affairs, and Labor; 

(ii) improve the curriculum of the Transition 

Assistance Program; 

(iii) share best practices; 

(iv) facilitate effective oversight of the Transition 

Assistance Program; and 

(v) ensure members obtain sufficient financial literacy to effectively leverage conferred benefits and 

opportunities for employment, education, vocational 

training, and entrepreneurship. 

(4) REPORT.—On the date that is 2 years after the date 

of the enactment of this Act and annually thereafter for the 

subsequent 4 years, the Secretary of Defense shall submit 

to the Committees on Armed Services and Veterans’ Affairs 

of the Senate and the House of Representatives, the Committee 

10 USC 1144 

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on Commerce, Science, and Transportation of the Senate, and 

the Committee on Transportation and Infrastructure of the 

House of Representatives, a report regarding members of the 

Armed Forces who have attended Transition Assistance Program counseling during the preceding year. The report shall 

detail the following: 

(A) The total number of members who attended Transition Assistance Program counseling. 

(B) The number of members who attended Transition 

Assistance Program counseling under paragraph (1) of section 1144(f) of title 10, as amended by paragraph (1). 

(C) The number of members who attended Transition 

Assistance Program counseling under paragraph (2) of such 

section. 

(D) The number of members who elected to attend 

each two-day instruction under paragraph (1)(D) of such 

section. 

SEC. 553. REPEAL OF PROGRAM ON ENCOURAGEMENT OF 

POSTSEPARATION PUBLIC AND COMMUNITY SERVICE. 

(a) REPEAL.— 

(1) IN GENERAL.—Section 1143a of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 58 of such title is amended by striking 

the item relating to section 1143a. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 1144(b) of title 10, United States Code, is 

amended— 

(A) by striking paragraph (8); and 

(B) by redesignating paragraphs (9), (10), and (11) 

as paragraphs (8), (9), and (10), respectively. 

(2) Section 1142(b)(4)(C) of such title is amended by striking 

‘‘the public and community service jobs program carried out 

under section 1143a of this title, and’’. 

(3) Section 159(c)(2)(D) of the National and Community 

Service Act of 1990 (42 U.S.C. 12619(c)(2)(D)) is amended by 

striking ‘‘and as employment with a public service or community 

service organization for purposes of section 4464 of that Act’’. 

(4) Section 162(a)(2) of such Act (42 U.S.C. 12622(a)(2)) 

is amended by striking ‘‘shall’’ and all that follows through 

‘‘provide other’’ and inserting ‘‘shall provide’’. 

(5) Subsection (c) of section 4403 of the National Defense 

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 

10 U.S.C. 1293 note) is amended to read as follows: 

‘‘(c) INAPPLICABILITY OF CERTAIN PROVISIONS.—During the 

period specified in subsection (i)(2), this section does not apply 

as follows: 

‘‘(1) To members of the Coast Guard, notwithstanding section 542(d) of the National Defense Authorization Act for Fiscal 

Year 1995 (Public Law 103–337; 10 U.S.C. 1293 note). 

‘‘(2) To members of the commissioned corps of the National 

Oceanic and Atmospheric Administration, notwithstanding section 566(c) of the National Defense Authorization Act for Fiscal 

Year 1996 (Public Law 104–106; 10 U.S.C. 1293 note).’’. 

(c) CONFORMING REPEAL.— 

10 USC 1141 

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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1773 

(1) REPEAL.—Section 4464 of the National Defense 

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 

10 U.S.C. 1143a note) is repealed. 

(2) APPLICABILITY.—The repeal made under paragraph (1) 

shall apply with respect to an individual who retires from 

the Armed Forces on or after the date of the enactment of 

this Act. 

SEC. 554. CLARIFICATION OF APPLICATION AND HONORABLE SERVICE 

REQUIREMENTS UNDER THE TROOPS-TO-TEACHERS PROGRAM TO MEMBERS OF THE RETIRED RESERVE. 

(a) IN GENERAL.—Paragraph (2)(B) of section 1154(d) of title 

10, United States Code, is amended— 

(1) by inserting ‘‘(A)(iii),’’ after ‘‘(A)(i),’’; 

(2) by inserting ‘‘transferred to the Retired Reserve, or’’ 

after ‘‘member is retired,’’; and 

(3) by striking ‘‘separated,’’ and inserting ‘‘separated’’. 

(b) CONFORMING AMENDMENTS.—The second sentence of paragraph (3)(D) of such section is amended— 

(1) by inserting ‘‘, the transfer of the member to the Retired 

Reserve,’’ after ‘‘retirement of the member’’; and 

(2) by inserting ‘‘transfer,’’ after ‘‘after the retirement,’’. 

SEC. 555. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY 

MEMBERS AT THE JOINT SPECIAL OPERATIONS UNIVERSITY. 

Section 1595(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(5) The Joint Special Operations University.’’. 

SEC. 556. PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES 

IN OBTAINING PROFESSIONAL CREDENTIALS. 

Section 2015(a) of title 10, United States Code, is amended 

by striking ‘‘related to military training’’ and all that follows through 

the period at the end of paragraph (2) and inserting ‘‘that translate 

into civilian occupations.’’. 

SEC. 557. ENHANCEMENT OF AUTHORITIES IN CONNECTION WITH 

JUNIOR RESERVE OFFICERS’ TRAINING CORPS PROGRAMS. 

(a) FLEXIBILITY IN AUTHORITIES FOR MANAGEMENT OF PROGRAMS AND UNITS.— 

(1) IN GENERAL.—Chapter 102 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 2035. Flexibility in authorities for management of programs and units 

‘‘(a) AUTHORITY TO CONVERT OTHERWISE CLOSING UNITS TO

NATIONAL DEFENSE CADET CORPS PROGRAM UNITS.—If the Secretary of a military department is notified by a local educational 

agency of the intent of the agency to close its Junior Reserve 

Officers’ Training Corps, the Secretary shall offer the agency the 

option of converting the unit to a National Defense Cadet Corps 

(NDCC) program unit in lieu of closing the unit. 

‘‘(b) FLEXIBILITY IN ADMINISTRATION OF INSTRUCTORS.— ‘‘(1) IN GENERAL.—The Secretaries of the military departments may, without regard to any other provision of this 

10 USC 2035. 


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chapter, undertake initiatives designed to promote flexibility 

in the hiring and compensation of instructors for the Junior 

Reserve Officers’ Training Corps program under the jurisdiction 

of such Secretaries. 

‘‘(2) ELEMENTS.—The initiatives undertaken pursuant to 

this subsection may provide for one or more of the following: 

‘‘(A) Termination of the requirement for a waiver as 

a condition of the hiring of well-qualified non-commissioned 

officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers’ Training Corps. 

‘‘(B) Specification of a single instructor as the minimum 

number of instructors required to found and operate a 

Junior Reserve Officers’ Training Corps unit. 

‘‘(C) Authority for Junior Reserve Officers’ Training 

Corps instructors to undertake school duties, in addition 

to Junior Reserve Officers’ Training Corps duties, at small 

schools. 

‘‘(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers’ 

Training Corps instructors on a 10-month per year basis 

rather than a 12-month per year basis. 

‘‘(E) Such other actions as the Secretaries of the military departments consider appropriate. 

‘‘(c) FLEXIBILITY IN ALLOCATION AND USE OF TRAVEL

FUNDING.—The Secretaries of the military departments shall take 

appropriate actions to provide so-called regional directors of the 

Junior Reserve Officers’ Training Corps programs located at remote 

rural schools enhanced discretion in the allocation and use of funds 

for travel in connection with Junior Reserve Officers’ Training 

Corps activities. 

‘‘(d) STANDARDIZATION OF PROGRAM DATA.—The Secretary of 

Defense shall take appropriate actions to standardize the data 

collected and maintained on the Junior Reserve Officers’ Training 

Corps programs in order to facilitate and enhance the collection 

and analysis of such data. Such actions shall include a requirement 

for the use of the National Center for Education Statistics (NCES) 

identification code for each school with a unit under a Junior 

Reserve Officers’ Training Corps program in order to facilitate 

identification of such schools and their units under the Junior 

Reserve Officers’ Training Corps programs.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 102 of such title is amended by adding 

at the end the following new item: 

‘‘2035. Flexibility in authorities for management of programs and units.’’. 

(b) AUTHORITY FOR ADDITIONAL UNITS.—The Secretaries of the 

military departments may, using amounts authorized to be appropriated by this Act and available in the funding tables in sections 

4301 and 4401 for purposes of the Junior Reserve Officers’ Training 

Corps programs, establish an aggregate of not more than 100 units 

under the Junior Reserve Officers’ Training Corps programs in 

low-income and rural areas of the United States and areas of 

the United States currently underserved by the Junior Reserve 

Officers’ Training Corps programs. 

10 USC 2031 

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SEC. 558. EXPANSION OF PERIOD OF AVAILABILITY OF MILITARY 

ONESOURCE PROGRAM FOR RETIRED AND DISCHARGED 

MEMBERS OF THE ARMED FORCES AND THEIR IMMEDIATE 

FAMILIES. 

(a) IN GENERAL.—Under regulations prescribed by the Secretary 

of Defense, the period of eligibility for the Military OneSource 

program of the Department of Defense of an eligible individual 

retired, discharged, or otherwise released from the Armed Forces, 

and for the eligible immediate family members of such an individual, shall be the one-year period beginning on the date of the 

retirement, discharge, or release, as applicable, of such individual. 

(b) INFORMATION TO FAMILIES.—The Secretary shall, in such 

manner as the Secretary considers appropriate, inform military 

families and families of veterans of the Armed Forces of the wide 

range of benefits available through the Military OneSource program. 

SEC. 559. PROHIBITION ON USE OF FUNDS FOR ATTENDANCE OF 

ENLISTED PERSONNEL AT SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER PROFESSIONAL MILITARY EDUCATION COURSES. 

(a) PROHIBITION.—None of the funds authorized to be appropriated or otherwise made available for the Department of Defense 

may be obligated or expended for the purpose of the attendance 

of enlisted personnel at senior level and intermediate level officer 

professional military education courses. 

(b) SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER PROFESSIONAL MILITARY EDUCATION COURSES DEFINED.—In this section, 

the term ‘‘senior level and intermediate level officer professional 

military education courses’’ means any course for officers offered 

by a school specified in paragraph (1) or (2) of section 2151(b) 

of title 10, United States Code. 

(c) REPEAL OF SUPERSEDED LIMITATION.— 

(1) IN GENERAL.—Section 547 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91) 

is repealed. 

(2) PRESERVATION OF CERTAIN REPORTING REQUIREMENT.— The repeal in paragraph (1) shall not be interpreted to terminate the requirement of the Comptroller General of the United 

States to submit the report required by subsection (c) of section 

547 of the National Defense Authorization Act for Fiscal Year 

2018. 

Subtitle G—Defense Dependents’ 

Education 

SEC. 561. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS. 

(a) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.— 

(1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2019 pursuant to section 301 and available for operation and maintenance for Defense-wide activities 

as specified in the funding table in section 4301, $10,000,000 

shall be available for payments under section 363 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 

2001 (Public Law 106–398; 20 U.S.C. 7703a). 

10 USC 1781 

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(2) USE OF CERTAIN AMOUNT.—Of the amount available 

under paragraph (1) for payments as described in that paragraph, $5,000,000 shall be available for such payments to local 

educational agencies determined by the Secretary of Defense, 

in the discretion of the Secretary, to have higher concentrations 

of military children with severe disabilities. 

(b) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 

be appropriated for fiscal year 2019 by section 301 and available 

for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $40,000,000 shall be 

available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 20 U.S.C. 7703b). 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 7013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 

SEC. 562. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY POLICIES 

AND PROCEDURES ON SEXUAL HARASSMENT OF STUDENTS OF ACTIVITY SCHOOLS. 

(a) APPLICABILITY OF TITLE IX PROTECTIONS.—The provisions 

of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 

et seq.) (in this section referred to as ‘‘title IX’’) with respect to 

education programs or activities receiving Federal financial assistance shall apply equally to education programs and activities 

administered by the Department of Defense Education Activity 

(DODEA). 

(b) POLICIES AND PROCEDURES.—Not later than March 31, 2019, 

the Department of Defense Education Activity shall establish policies and procedures to protect students at schools of the Activity 

who are victims of sexual harassment. Such policies and procedures 

shall afford protections at least comparable to the protections 

afforded under title IX. 

(c) ELEMENTS.—The policies and procedures required by subsection (b) shall include, at a minimum, the following: 

(1) A policy addressing sexual harassment of students at 

the schools of the Department of Defense Education Activity 

that uses and incorporates terms, procedures, protections, 

investigation standards, and standards of evidence consistent 

with title IX. 

(2) A procedure by which— 

(A) a student of a school of the Activity, or a parent 

of such a student, may file a complaint with the school 

alleging an incident of sexual harassment at the school; 

and 

(B) such a student or parent may appeal the decision 

of the school regarding such complaint. 

(3) A procedure and mechanisms for the appointment and 

training of, and allocation of responsibility to, a coordinator 

at each school of the Activity for sexual harassment matters 

involving students from the military community served by such 

school. 

(4) Training of employees of the Activity, and volunteers 

at schools of the Activity, on the policies and procedures. 

10 USC 921 note. 


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(5) Mechanisms for the broad distribution and display of 

the policy described in paragraph (1), including on the Internet 

website of the Activity and on Internet websites of schools 

of the Activity, in printed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin 

boards and in guidance counselor offices. 

(6) Reporting and recordkeeping requirements designed to 

ensure that— 

(A) complaints of sexual harassment at schools of the 

Activity are handled— 

(i) with professionalism and consistency; and 

(ii) in a manner that permits coordinators referred 

to in paragraph (3) to track trends in incidents of 

sexual harassment and to identify repeat offenders 

of sexual harassment; and 

(B) appropriate members of the local leadership of 

military communities are held accountable for acting upon 

complaints of sexual harassment at schools of the Activity. 

SEC. 563. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY MISCONDUCT DATABASE. 

(a) COMPREHENSIVE DATABASE.—The Secretary of Defense shall 

consolidate the various databases and mechanisms for the reporting 

and tracking of juvenile misconduct in Department of Defense Education Activity (hereinafter in this section referred to as ‘‘DODEA’’) 

schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include all unresolved 

and all substantiated allegations of juvenile-on-juvenile sexual misconduct. 

(b) POLICY.—The Secretary shall establish a comprehensive 

policy regarding the reporting and tracking of juvenile misconduct 

cases occurring in DODEA schools, including policies establishing 

appropriate safeguards to prevent unauthorized disclosure of sensitive information contained in the comprehensive database 

required by subsection (a). 

SEC. 564. ASSESSMENT AND REPORT ON ACTIVE SHOOTER THREAT 

MITIGATION AT SCHOOLS LOCATED ON MILITARY 

INSTALLATIONS. 

(a) ASSESSMENT.—The Secretary of Defense shall conduct an 

assessment of strategies that may be used to address any security 

threat posed by active shooter incidents at public elementary schools 

and secondary schools located on the grounds of Federal military 

installations. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report that includes the results of the assessment conducted under subsection (a). 

Subtitle H—Military Family Readiness 

Matters 

SEC. 571. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS 

COUNCIL MATTERS. 

(a) MEMBER MATTERS.— 

10 USC 921 note. 


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132 STAT. 1778 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) MEMBERSHIP.—Paragraph (1)(B) of subsection (b) of section 1781a of title 10, United States Code, is amended— 

(A) in clause (i), by striking ‘‘a member of the armed 

force to be represented’’ and inserting ‘‘a member or civilian 

employee of the armed force to be represented’’; and 

(B) by striking clause (ii) and inserting the following 

new clause (ii): 

‘‘(ii) One representative, who shall be a member 

or civilian employee of the National Guard Bureau, 

to represent both the Army National Guard and the 

Air National Guard.’’. 

(2) TERMS.—Paragraph (2) of such subsection is amended— 

(A) in subparagraph (A)— 

(i) in the first sentence, by striking ‘‘clauses (i) 

and (iii) of’’; and 

(ii) by striking the second sentence; and 

(B) in subparagraph (B), by striking ‘‘three years’’ and 

inserting ‘‘two years’’. 

(b) DUTIES.—Subsection (d) of such section is amended— 

(1) in paragraph (2), by striking ‘‘military family readiness 

by the Department of Defense’’ and inserting ‘‘military family 

readiness programs and activities of the Department of 

Defense’’; and 

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

‘‘(4) To make recommendations to the Secretary of Defense 

to improve collaboration, awareness, and promotion of accurate 

and timely military family readiness information and support 

services by policy makers, service providers, and targeted beneficiaries.’’. 

(c) ANNUAL REPORTS.—Subsection (e) of such section is amended 

by striking ‘‘February 1’’ and inserting ‘‘July 1’’. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

(2) APPLICABILITY OF MEMBERSHIP AND TERM AMEND- MENTS.—The amendments made by subsection (a) shall apply 

to members of the Department of Defense Military Family 

Readiness Council appointed after the date of the enactment 

of this Act. 

SEC. 572. ENHANCEMENT AND CLARIFICATION OF FAMILY SUPPORT 

SERVICES FOR FAMILY MEMBERS OF MEMBERS OF SPECIAL OPERATIONS FORCES. 

Section 1788a of title 10, United States Code, is amended— 

(1) by striking ‘‘activities’’ each place it appears and 

inserting ‘‘services’’; 

(2) in subsection (b)(2), by striking ‘‘activity’’ and inserting 

‘‘service’’; 

(3) in subsection (c), by striking ‘‘$5,000,000’’ and inserting 

‘‘$10,000,000’’; and 

(4) in subsection (e), by adding at the end the following 

new paragraph: 

‘‘(4) The term ‘family support services’ includes costs of 

transportation, food, lodging, child care, supplies, fees, and 

training materials for immediate family members of members 

of the armed forces assigned to special operations forces while 

participating in programs under subsection (a).’’. 

10 USC 1781a 

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SEC. 573. TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETITIVE APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL 

AGENCIES. 

(a) EXPANSION TO INCLUDE ALL SPOUSES OF MEMBERS OF THE

ARMED FORCES ON ACTIVE DUTY.—Section 3330d of title 5, United 

States Code, is amended— 

(1) in subsection (a)— 

(A) by striking paragraphs (3), (4), and (5); and 

(B) by redesignating paragraph (6) as paragraph (3); 

(2) by striking subsections (b) and (c) and inserting the 

following new subsection (b): 

‘‘(b) APPOINTMENT AUTHORITY.—The head of an agency may 

appoint noncompetitively— 

‘‘(1) a spouse of a member of the Armed Forces on active 

duty; or 

‘‘(2) a spouse of a disabled or deceased member of the 

Armed Forces.’’; 

(3) by redesignating subsection (d) as subsection (c); and 

(4) in subsection (c), as so redesignated, by striking ‘‘subsection (a)(6)’’ in paragraph (1) and inserting ‘‘subsection (a)(3)’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 33 of such title is amended by striking the item 

relating to section 3330d and inserting the following new item: 

‘‘3330d. Appointment of military spouses.’’. 

(c) HEADING AMENDMENT.—The heading of such section is 

amended to read as follows: 

‘‘§ 3330d. Appointment of military spouses’’. 

(d) OPM LIMITATION AND REPORTS.— 

(1) RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a relocating spouse of a member of the 

Armed Forces under subsection (b)(1) of section 3330d of title 

5, United States Code, as amended by subsection (a), the 

Director of the Office of Personnel Management— 

(A) shall monitor the number of such appointments; 

(B) shall require the head of each agency with authority 

to make such appointments under such section to submit 

an annual report to the Director on such appointments, 

including information on the number of individuals so 

appointed, the types of positions filled, and the effectiveness 

of the authority for such appointments; and 

(C) not later than 18 months after the date of the 

enactment of this Act, shall submit a report to the Committee on Oversight and Government Reform of the House 

of Representatives and the Committee on Homeland Security and Government Affairs of the Senate on the use 

and effectiveness of such authority. 

(2) NON-RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a spouse of a member of the Armed 

Forces other than a relocating spouse described in paragraph 

(1), the Director of the Office of Personnel Management— 

(A) shall treat the spouse as a relocating spouse under 

paragraph (1); and 

(B) may limit the number of such appointments. 

(e) SUNSET.—Effective on the date that is 5 years after the 

date of the enactment of this Act— 

5 USC 3330d 

note. 

5 USC 3330d 

note. 

5 USC 3301 prec. 


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(1) the authority provided by this section, and the amendments made by this section, shall expire; and 

(2) the provisions of section 3330d of title 5, United States 

Code, amended or repealed by such section are restored or 

revived as if such section had not been enacted. 

SEC. 574. IMPROVEMENT OF MY CAREER ADVANCEMENT ACCOUNT 

PROGRAM FOR MILITARY SPOUSES. 

(a) OUTREACH ON AVAILABILITY OF PROGRAM.—The Secretary 

of Defense shall take appropriate actions to ensure that military 

spouses who are eligible for participation in the My Career Advancement Account program of the Department of Defense are, to the 

extent practicable, made aware of the program. 

(b) COMPTROLLER GENERAL REPORT.—Not later than 180 days 

after the date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

setting forth such recommendations as the Comptroller General 

considers appropriate regarding the following: 

(1) Mechanisms to increase awareness of the My Career 

Advancement Account program of the Department of Defense 

among military spouses who are eligible to participate in the 

program. 

(2) Mechanisms to increase participation in the My Career 

Advancement Account program among military spouses who 

are eligible to participate in the program. 

(c) TRAINING FOR INSTALLATION CAREER COUNSELORS ON PRO- GRAM.—The Secretaries of the military departments shall take 

appropriate actions to ensure that career counselors at military 

installations receive appropriate training and current information 

on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs 

associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses. 

SEC. 575. ASSESSMENT AND REPORT ON THE EFFECTS OF PERMANENT 

CHANGES OF STATION ON EMPLOYMENT AMONG MILITARY SPOUSES. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

conduct an assessment of the effects of frequent, permanent changes 

of station on the stability of employment among spouses of members 

of the Armed Forces. 

(b) ELEMENTS.—The assessment required under subsection (a) 

shall include the following: 

(1) An assessment of how frequent, permanent changes 

of station may contribute to unemployment or underemployment among spouses of members of the Armed Forces. 

(2) An assessment of how unemployment and underemployment among military spouses may affect force readiness. 

(3) Such recommendations as the Secretary considers 

appropriate regarding legislative or administration actions that 

may be carried out to achieve force readiness and stabilization 

through the minimization of the impacts of frequent, permanent 

changes in station on the stability of employment among military spouses. 

(c) REPORT.—Not later than February 1, 2019, the Secretary 

of Defense shall submit to the Committees on Armed Services 

10 USC 1784a 

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of the Senate and the House of Representatives a report that 

includes the results of the assessment with respect to each element 

described in subsection (b). 

SEC. 576. PROVISIONAL OR INTERIM CLEARANCES TO PROVIDE 

CHILDCARE SERVICES AT MILITARY CHILDCARE CENTERS. 

(a) IN GENERAL.—The Secretary of Defense shall implement 

a policy to permit the issuance on a provisional or interim basis 

of clearances for the provision of childcare services at military 

childcare centers. 

(b) ELEMENTS.—The policy required by subsection (a) shall 

provide for the following: 

(1) Any clearance issued under the policy shall be temporary and contingent upon the satisfaction of such requirements for the issuance of a clearance on a permanent basis 

as the Secretary considers appropriate. 

(2) Any individual issued a clearance on a provisional or 

interim basis under the policy shall be subject to such supervision in the provision of childcare services using such clearance 

as the Secretary considers appropriate. 

(c) CLEARANCE DEFINED.—In this section, the term ‘‘clearance’’, 

with respect to an individual and the provision of childcare services, 

means the formal approval of the individual, after appropriate 

background checks and other review, to provide childcare services 

to children at a military childcare center of the Department of 

Defense. 

SEC. 577. MULTIDISCIPLINARY TEAMS FOR MILITARY INSTALLATIONS 

ON CHILD ABUSE AND OTHER DOMESTIC VIOLENCE. 

(a) MULTIDISCIPLINARY TEAMS REQUIRED.— 

(1) IN GENERAL.—Under regulations prescribed by each 

Secretary concerned, there shall be established and maintained 

for each military installation, except as provided in paragraph 

(2), one or more multidisciplinary teams on child abuse and 

other domestic violence for the purposes specified in subsection 

(b). 

(2) SINGLE TEAM FOR PROXIMATE INSTALLATIONS.—A single 

multidisciplinary team described in paragraph (1) may be established and maintained under this subsection for two or more 

military installations in proximity with one another if the Secretary concerned determines, in consultation with the Secretary 

of Defense, that a single team for such installations suffices 

to carry out the purposes of such teams under subsection (b) 

for such installations. 

(b) PURPOSES.—The purposes of each multidisciplinary team 

maintained pursuant to subsection (a) shall be as follows: 

(1) To provide for the sharing of information among such 

team and other appropriate personnel on the installation or 

installations concerned regarding the progress of investigations 

into and resolutions of incidents of child abuse and other 

domestic violence involving members of the Armed Forces stationed at or otherwise assigned to the installation or installations. 

(2) To provide for and enhance collaborative efforts among 

such team and other appropriate personnel of the installation 

or installations regarding investigations into and resolutions 

of such incidents. 

10 USC 1561 

note prec. 

10 USC 1792 

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(3) To enhance the social services available to military 

families at the installation or installations in connection with 

such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services to such military families in connection with such incidents. 

(4) To carry out such other duties regarding the response 

to child abuse and other domestic violence at the installation 

or installations as the Secretary concerned considers appropriate for such purposes. 

(c) PERSONNEL.— (1) IN GENERAL.—Each multidisciplinary team maintained 

pursuant to subsection (a) shall be composed of the following: 

(A) One or more judge advocates. 

(B) Appropriate personnel of one or more military 

criminal investigation services. 

(C) Appropriate mental health professionals. 

(D) Appropriate medical personnel. 

(E) Family advocacy case workers. 

(F) Such other personnel as the Secretary or Secretaries concerned consider appropriate. 

(2) EXPERTISE AND TRAINING.—Any individual assigned to 

a multidisciplinary team shall possess such expertise, and shall 

undertake such training as is required to maintain such expertise, as the Secretary concerned shall specify for purposes of 

this section in order to ensure that members of the team 

remain appropriately qualified to carry out the purposes of 

the team under this section. The training and expertise so 

specified shall include training and expertise on special victims’ 

crimes, including child abuse and other domestic violence. 

(d) COORDINATION AND COLLABORATION WITH NON-MILITARY

RESOURCES.— 

(1) USE OF COMMUNITY RESOURCES SERVING INSTALLATIONS.—In providing under this section for a multidisciplinary 

team for a military installation or installations that benefit 

from services or resources on child abuse or other domestic 

violence that are provided by civilian entities in the vicinity 

of the installation or installations, the Secretary concerned 

may take the availability of such services or resources to the 

installation or installations into account in providing for the 

composition and duties of the team. 

(2) BEST PRACTICES.—The Secretaries concerned shall take 

appropriate actions to ensure that multidisciplinary teams 

maintained pursuant to subsection (a) remain fully and currently apprised of best practices in the civilian sector on investigations into and resolutions of incidents of child abuse and 

other domestic violence and on the social services provided 

in connection with such incidents. 

(3) COLLABORATION.—In providing for the enhancement of 

social services available to military families in accordance with 

subsection (b)(3), the Secretaries concerned shall permit, facilitate, and encourage multidisciplinary teams to collaborate with 

appropriate civilian agencies in the vicinity of the military 

installations concerned with regard to availability, provision, 

and use of such services to and by such families. 

(e) ANNUAL REPORTS.—Not later than March 1 of each year 

from 2020 through 2022, each Secretary concerned shall submit 

to the Committees on Armed Services of the Senate and the House 


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of Representatives a report on the activities of multidisciplinary 

teams maintained pursuant to subsection (a) under the jurisdiction 

of such Secretary during the preceding year. Each report shall 

set forth, for the period covered by such report, the following: 

(1) A summary description of the activities of the multidisciplinary teams concerned, including the number and composition 

of such teams, the recurring activities of such teams, and 

any notable achievements of such teams. 

(2) A description of any impediments to the effectiveness 

of such teams. 

(3) Such recommendations for legislative or administrative 

action as such Secretary considers appropriate in order to 

improve the effectiveness of such teams. 

(4) Such other matters with respect to such teams as such 

Secretary considers appropriate. 

(f) SECRETARY CONCERNED.— (1) DEFINITION.—In this section, the term ‘‘Secretary concerned’’ has the meaning given that term in section 101(a)(9) 

of title 10, United States Code. 

(2) USAGE WITH RESPECT TO MULTIPLE INSTALLATIONS.— 

For purposes of this section, any reference to ‘‘Secretary concerned’’ with respect to a single multidisciplinary team established and maintained pursuant to subsection (a) for two or 

more military installations that are under the jurisdiction of 

different Secretaries concerned, shall be deemed to refer to 

each Secretary concerned who has jurisdiction of such an 

installation, acting jointly. 

SEC. 578. PILOT PROGRAM FOR MILITARY FAMILIES: PREVENTION OF 

CHILD ABUSE AND TRAINING ON SAFE CHILDCARE PRACTICES. 

(a) PILOT PROGRAM.— 

(1) PURPOSE.—In order to reduce child abuse and fatalities 

due to abuse or neglect in covered households, the Secretary 

of Defense, acting through the Defense Health Agency, shall 

carry out a pilot program to— 

(A) provide information regarding safe childcare practices to covered households; 

(B) identify and assess risk factors for child abuse 

in covered households; and 

(C) facilitate connections between covered households 

and community resources. 

(2) PROHIBITION ON DELEGATION.—The Secretary may not 

carry out the pilot program through the Family Advocacy Program. 

(3) LOCATIONS.—The Secretary shall carry out the pilot 

program at no fewer than five military installations that reflect 

a range of characteristics including the following: 

(A) Urban location. 

(B) Rural location. 

(C) Large population. 

(D) Small population. 

(E) High incidence of child abuse, neglect, or both. 

(F) Low incidence of child abuse, neglect, or both. 

(G) Presence of a hospital or clinic. 

(H) Lack of a hospital or clinic. 

(I) Joint installation. 

10 USC 1788 

note. 


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(J) Serving only one Armed Force. 

(4) TERM.—The pilot program shall terminate two years 

after implementation. 

(5) DESIGN.—The Secretary shall design the pilot program 

in consultation with military family groups to respond to the 

needs of covered households. 

(6) ELEMENTS.—The pilot program shall include the following elements: 

(A) Postnatal services, including screening to identify 

family needs and potential risk factors, and make referrals 

to appropriate community services with the use of the 

electronic data described in subparagraphs (F) and (G). 

(B) The Secretary shall identify at least three 

approaches to screening, identification, and referral under 

subparagraph (A) that empirically improve outcomes for 

parents and infants. 

(C) Services and resources designed for a covered 

household by the Secretary after considering the information gained from the screening and identification under 

subparagraph (A). Such services and resources may include 

or address the following: 

(i) General maternal and infant health exam. 

(ii) Safe sleeping environments. 

(iii) Feeding and bathing. 

(iv) Adequate child supervision. 

(v) Common hazards. 

(vi) Self-care. 

(vii) Postpartum depression, substance abuse, or 

domestic violence. 

(viii) Community violence. 

(ix) Skills for management of infant crying. 

(x) Other positive parenting skills and practices. 

(xi) The importance of participating in ongoing 

healthcare for an infant and for treating postpartum 

depression. 

(xii) Finding, qualifying for, and participating in 

available community resources with respect to infant 

care, childcare, parenting support, and home visits. 

(xiii) Planning for parenting or guardianship of 

children during deployment and reintegration. 

(xiv) Such other matters as the Secretary, in consultation with military families, considers appropriate. 

(D) Home visits to provide support, screening and 

referral services shall be offered as needed. The number 

of visits offered shall be guided by parental interest and 

family need, but in general is expected to be no more 

than three. 

(E) If a parent is deployed at the time of birth— 

(i) the first in-home visit under subparagraph (D) 

shall, to the extent practicable, incorporate both parents, in person with the local parent and by electronic 

means with the deployed parent; and 

(ii) another such home visit shall be offered upon 

the return of the parent from deployment, and shall 

include both parents, if determined in the best interest 

of the family. 


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(F) An electronic directory of community resources 

available to covered households and pilot program personnel to help covered households access such resources. 

(G) An electronic integrated data system to— 

(i) help pilot program personnel refer eligible covered beneficiaries to services and resources under the 

pilot program; 

(ii) track usage of such services and resources and 

interactions between such personnel and covered 

households; and 

(iii) evaluate the implementation, outcomes, and 

effectiveness of the pilot program. 

(b) VOLUNTARY PARTICIPATION.—Participation in the pilot program shall be at the election of a covered beneficiary in an eligible 

household. 

(c) OUTREACH.— 

(1) IN GENERAL.—Not later than 30 days after implementing the pilot program, the Secretary shall notify each 

covered household of the services provided under subsection 

(b). 

(2) COVERED HOUSEHOLDS WITH NEWBORNS.—No later than 

30 days after a birth in a covered household, the Secretary 

shall contact such covered household to encourage participation 

in the pilot program. 

(d) ASSESSMENTS.— 

(1) NUMBER.—The Secretary shall carry out no fewer than 

five assessments of the pilot program. 

(2) COMPARISON INSTALLATIONS.—For purposes of this subsection, the Secretary shall also select such number of other 

military installations the Secretary determines appropriate as 

comparison installations for purposes of assessing the outcomes 

of the pilot. 

(3) ASSESSMENT.—The Secretary shall assess each of the 

following: 

(A) Success in contacting covered households for 

participation in the pilot. 

(B) The percentage of covered households that elect 

to participate in the pilot program. 

(C) The extent to which covered households participating in the pilot program are connected to services and 

resources under the pilot program. 

(D) The extent to which covered households participating in the pilot program use services and resources 

under the pilot program. 

(E) Compliance of pilot program personnel with pilot 

program protocols. 

(e) REPORTS.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on the pilot program under this 

section. The report shall include a comprehensive description 

of the assessments under subsection (d), as well as the following: 

(A) Which installations the Secretary selected for the 

pilot program under subsection (a)(2). 


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(B) Why the Secretary selected the installations 

described in subparagraph (A). 

(C) Names of the installations the Secretary selected 

as comparison installations under subsection (d)(2). 

(D) How the pilot program is carried out, including 

strategy and metrics for evaluating effectiveness of the 

pilot program. 

(2) FINAL REPORT.—Not later than 180 days after the termination of the pilot program, the Secretary shall submit to 

the committees specified in paragraph (1) a final report on 

the pilot program. The report shall include the following: 

(A) A comprehensive description of, and findings of, 

the assessments under subsection (d). 

(B) A comprehensive description and assessment of 

the pilot. 

(C) Such recommendations for legislative or administrative action the Secretary determines appropriate, 

including whether to— 

(i) extend the term of the pilot program; 

(ii) expand the pilot program to additional installations; or 

(iii) make the pilot program permanent. 

(f) DEPARTMENTAL IMPLEMENTATION.—If the Secretary determines that any element of the pilot program is effective, the Secretary shall implement such element permanently for the Department of Defense. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘covered household’’ means a household that— 

(A) contains an eligible covered beneficiary; and 

(B) is located at a location selected by the Secretary 

for the pilot program. 

(2) The term ‘‘eligible covered beneficiary’’ means a covered 

beneficiary (as that term is defined in section 1072 of title 

10, United States Code) who obtains prenatal or obstetrical 

care in a military medical treatment facility in connection with 

a birth covered by the pilot program. 

(3) With respect to a military installation, the term 

‘‘community’’ means the catchment area for community services 

of the installation, including services provided on the installation by the Secretary and services provided by State, county, 

and local jurisdictions in which the installation is located, or 

in the vicinity of the installation. 

SEC. 579. ASSESSMENT AND REPORT ON SMALL BUSINESS ACTIVITIES 

OF MILITARY SPOUSES ON MILITARY INSTALLATIONS IN 

THE UNITED STATES. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

conduct an assessment of the feasibility and advisability of permitting military spouses to engage in small business activities on 

military installations in the United States and in partnership with 

commissaries, exchange stores, and other morale, welfare, and 

recreation facilities of the Armed Forces in the United States. 

(b) ELEMENTS.—The assessment required under subsection (a) 

shall— 

(1) take into account the usage by military spouses of 

installation facilities, utilities, and other resources in the conduct of small business activities on military installations in 


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the United States and such other matters in connection with 

the conduct of such business activities by military spouses 

as the Secretary considers appropriate; and 

(2) seek to identify mechanisms to ensure that costs and 

fees associated with the usage by military spouses of such 

facilities, utilities, and other resources in connection with such 

business activities does not meaningfully curtail or eliminate 

the opportunity for military spouses to profit reasonably from 

such business activities. 

(c) REPORT.—Not later than March 1, 2019, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report that includes 

the results of the assessment, including the results with respect 

to each element described in subsection (b). 

Subtitle I—Decorations and Awards 

SEC. 581. ATOMIC VETERANS SERVICE CERTIFICATE. 

(a) SERVICE CERTIFICATE REQUIRED.—The Secretary of Defense 

shall design and produce a military service certificate, to be known 

as the ‘‘Atomic Veterans Service Certificate’’, to honor retired and 

former members of the Armed Forces who are radiation-exposed 

veterans (as such term is defined in section 1112(c)(3) of title 

38, United States Code). 

(b) DISTRIBUTION OF CERTIFICATE.— 

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the 

request of a radiation-exposed veteran, the Secretary of Defense 

shall issue the Atomic Veterans Service Certificate to the veteran. 

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiationexposed veteran who is deceased, the Secretary may provide 

for issuance of the Atomic Veterans Service Certificate to the 

next-of-kin of the person. 

SEC. 582. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS OF MILITARY WORKING DOGS. 

(a) PROGRAM OF AWARD REQUIRED.—Each Secretary of a military department shall carry out a program to provide for the award 

of one or more medals or other commendations to handlers of 

military working dogs under the jurisdiction of such Secretary 

to recognize valor or meritorious achievement by such handlers 

and dogs. 

(b) MEDALS AND COMMENDATIONS.—Any medal or commendation awarded pursuant to a program under subsection (a) shall 

be of such design, and include such elements, as the Secretary 

of the military department concerned shall specify. The Secretary 

concerned may use an existing award to carry out such program. 

(c) PRESENTATION AND ACCEPTANCE.—Any medal or commendation awarded pursuant to a program under subsection (a) may 

be presented to and accepted by the handler concerned on behalf 

of the handler and the military working dog concerned. 

(d) REGULATIONS.—Medals and commendations shall be 

awarded under programs under subsection (a) in accordance with 

regulations prescribed by the Secretary of Defense for purposes 

of this section. 

10 USC 1121 

note prec. 

10 USC 1121 

note prec. 


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SEC. 583. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE 

CROSS TO JUSTIN T. GALLEGOS FOR ACTS OF VALOR 

DURING OPERATION ENDURING FREEDOM. 

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 

limitations specified in section 3744 of title 10, United States Code, 

or any other time limitations with respect to the awarding of 

certain medals to persons who served in the Armed Forces, the 

Secretary of the Army may award the Distinguished-Service Cross 

under section 3742 of such title to Justin T. Gallegos for the 

acts of valor described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Justin T. Gallegos on October 

3, 2009, as a member of the Army in the grade of Staff Sergeant, 

serving in Afghanistan with the 61st Cavalry Regiment, 4th Brigade 

Combat Team, 4th Infantry Division. 

Subtitle J—Miscellaneous Reports and 

Other Matters 

SEC. 591. ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT 

MATTERS. 

(a) DATE OF SUBMITTAL.—Subsection (a) of section 115a of 

title 10, United States Code, is amended in the matter preceding 

paragraph (1) by striking ‘‘not later than 45 days after the date 

on which’’ and inserting ‘‘on the date on which’’. 

(b) SPECIFICATION OF ANTICIPATED OPPORTUNITIES FOR PROMOTION OF COMMISSIONED OFFICERS.—Subsection (d) of such section 

is amended by adding the following new paragraph: 

‘‘(4) The opportunities for promotion of commissioned officers anticipated to be estimated pursuant to section 623(b)(4) 

of this title for the fiscal year in which such report is submitted 

for purposes of promotion selection boards convened pursuant 

to section 611 of this title during such fiscal year.’’. 

SEC. 592. BURIAL OF UNCLAIMED REMAINS OF INMATES AT THE 

UNITED STATES DISCIPLINARY BARRACKS CEMETERY, 

FORT LEAVENWORTH, KANSAS. 

Section 985 of title 10, United States Code, is amended— 

(1) in subsection (b), by striking ‘‘A person who is ineligible’’ 

in the matter preceding paragraph (1) and inserting ‘‘Except 

as provided in subsection (c), a person who is ineligible’’; 

(2) by redesignating subsection (c) as subsection (d); and 

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

‘‘(c) UNCLAIMED REMAINS OF MILITARY PRISONERS.—Subsection 

(b) shall not preclude the burial at the United States Disciplinary 

Barracks Cemetery at Fort Leavenworth, Kansas, of a military 

prisoner, including a military prisoner who is a person described 

in section 2411(b) of title 38, who dies while in custody of a military 

department and whose remains are not claimed by the person 

authorized to direct disposition of the remains or by other persons 

legally authorized to dispose of the remains.’’. 


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SEC. 593. STANDARDIZATION OF FREQUENCY OF ACADEMY VISITS OF 

THE AIR FORCE ACADEMY BOARD OF VISITORS WITH 

ACADEMY VISITS OF BOARDS OF OTHER MILITARY 

SERVICE ACADEMIES. 

Section 9355 of title 10, United States Code, is amended by 

striking subsection (d) and inserting the following new subsection: 

‘‘(d) The Board shall visit the Academy annually. With the 

approval of the Secretary of the Air Force, the Board or its members 

may make other visits to the Academy in connection with the 

duties of the Board or to consult with the Superintendent of the 

Academy. Board members shall have access to the Academy grounds 

and the cadets, faculty, staff, and other personnel of the Academy 

for the purposes of the duties of the Board.’’. 

SEC. 594. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND 

PUBLIC SERVICE MATTERS. 

(a) DEFINITIONS.—Section 551(c) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2130) is amended— 

(1) in paragraph (1), by inserting after ‘‘United States 

Code)’’ the following: ‘‘or active status (as that term is defined 

in subsection (d)(4) of such section)’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘ ‘national service’ ’’ and inserting 

‘‘ ‘public service’ ’’; and 

(B) by striking ‘‘or State Government’’ and inserting 

‘‘, State, Tribal, or local government’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘ ‘public service’ ’’ and inserting 

‘‘ ‘national service’ ’’; and 

(B) by striking ‘‘employment’’ and inserting ‘‘participation’’; and 

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

‘‘(4) The term ‘establishment date’ means September 19, 

2017.’’. 

(b) EXCEPTION TO PAPERWORK REDUCTION ACT.—Section 555(e) 

of that Act (130 Stat. 2134) is amended by adding at the end 

the following new paragraph: 

‘‘(4) PAPERWORK REDUCTION ACT.—For purposes of developing its recommendations, the information collection of the 

Commission may be treated as a pilot project under section 

3505(a) of title 44, United States Code. In addition, the Commission shall not be subject to the requirements of section 

3506(c)(2)(A) of such title.’’. 

SEC. 595. PUBLIC AVAILABILITY OF TOP-LINE NUMBERS OF DEPLOYED 

MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—Except as provided in subsection (b), the 

Secretary of Defense shall make publicly available, on a quarterly 

basis, on a website of the Department the top-line numbers of 

members of the Armed Forces deployed for each country as of 

the date of the submittal of the report and the total number of 

members of the Armed Forces so deployed during the quarter covered by the report. 

(b) WAIVER.— 

10 USC 122a 

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(1) IN GENERAL.—The Secretary may waive the requirement 

under subsection (a) in the case of a sensitive military operation 

if— 

(A) the Secretary determines the public disclosure of 

the number of deployed members of the Armed Forces 

could reasonably be expected to provide an operational 

military advantage to an adversary; or 

(B) members of the Armed Forces are deployed for 

a period that does not exceed 30 days. 

(2) NOTICE.— If the Secretary issues a waiver under this 

subsection, the Secretary shall submit to the Committees on 

Armed Services of the Senate and House of Representatives— 

(A) a notice of the waiver; and 

(B) the reasons for the determination to issue the 

waiver. 

(c) SENSITIVE MILITARY OPERATION DEFINED.—The term ‘‘sensitive military operation’’ has the meaning given that term in section 

130f(d) of title 10, United States Code. 

SEC. 596. REPORT ON GENERAL AND FLAG OFFICER COSTS. 

(a) REPORT REQUIRED.—Not later than nine months after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on general 

and flag officer costs. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include cost estimates for direct and indirect costs associated with 

general and flag officers generally and for specific positions in 

accordance with the recommendations of the report of the Office 

of the Secretary of Defense, Office of Cost Assessment and Program 

Evaluation titled ‘‘Defining General and Flag Officer Costs’’ dated 

December 2017, including— 

(1) direct compensation for all general and flag officers 

and for specific general and flag officer positions, using the 

full cost of manpower model to estimate where possible; 

(2) personal money allowances for positions that receive 

an allowance; 

(3) deferred compensation and health care costs for all 

general and flag officers and for specific general and flag officer 

positions; 

(4) costs associated with providing security details for specific general and flag officer positions that merit continuous 

security; 

(5) costs associated with Government and commercial travel 

for general and flag officers who qualify for tier one or two 

travel, including commercial travel costs using defense travel 

system data; 

(6) general flag officer per diems for specific positions, 

based on average travel per diem costs; 

(7) costs for enlisted and officer aide housing for general 

and flag officers generally and for specific general and flag 

officer positions, including basic housing assistance costs for 

staff; 

(8) on a case-by-case basis, costs associated with enlisted 

and officer aide travel, taking into consideration the cost of 

data collection; 

(9) costs associated with additional support staff for general 

and flag officers and their travel, equipment, and per diem 


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costs for all general and flag officers and specific general and 

flag officer positions based on the average numbers per general 

or flag officer and estimations using the full cost of manpower 

model; 

(10) costs associated with the upkeep and maintenance 

of official residences not captured by basic housing assistance; 

and 

(11) costs associated with training for general and flag 

officers generally and specific general and flag officer positions 

using estimations from the full cost of manpower model. 

SEC. 597. STUDY ON ACTIVE SERVICE OBLIGATIONS FOR MEDICAL 

TRAINING WITH OTHER SERVICE OBLIGATIONS FOR EDUCATION OR TRAINING AND HEALTH PROFESSIONAL 

RECRUITING. 

(a) REVIEW.—Not later than 180 days after the date of the 

enactment of this Act, the Comptroller General of the United States 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives a briefing and report on the effects 

of consecutive service on active duty service obligations for medical 

training as they relate to other service obligations for education 

or training. 

(b) MATTERS INCLUDED.—The briefing and report under subsection (a) shall include the following: 

(1) The extent to which consecutive active duty service 

obligations for medical education and training may affect 

recruiting and retention of health professionals in the military 

health system. 

(2) The extent to which the military departments and the 

Department of Defense use incentive pay authority to recruit 

and retain health professionals. 

(3) The extent to which the military departments and the 

Department of Defense consider geographic location and competition in the civilian health professional marketplace when 

developing incentive pay and competitive salaries. 

(4) A comparison of salaries for— 

(A) military physicians and dentists with critical medical and dental skills; and 

(B) civilian physicians and dentists with comparable 

skills. 

(5) The extent to which consecutive service obligations may 

result in unintended consequences relating to— 

(A) general medical officers; 

(B) residency training; 

(C) enrollment at the Uniformed Services University; 

and 

(D) other matters related to consecutive service obligations on medical training. 

(6) Any other matter the Comptroller General determines 

is appropriate. 

SEC. 598. CRITERIA FOR INTERMENT AT ARLINGTON NATIONAL CEMETERY. 

(a) CRITERIA.—The Secretary of the Army, in consultation with 

the Secretary of Defense, shall prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington 

National Cemetery as an active burial ground ‘‘well into the future,’’ 

as that term is used in the report submitted by the Secretary 

38 USC 2402 

note. 


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of the Army to the Committees on Veterans’ Affairs and the 

Committees on Armed Services of the House of Representatives 

and the Senate, dated February 14, 2017, and titled ‘‘The Future 

of Arlington National Cemetery: Report on the Cemetery’s Interment and Inurnment Capacity 2017’’. 

(b) DEADLINE.—The Secretary of the Army shall establish the 

criteria under subsection (a) not later than September 30, 2019. 

SEC. 599. LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF 

REPORT ON ARMY MARKETING AND ADVERTISING PROGRAM. 

(a) REPORT REQUIRED.— (1) IN GENERAL.—The Secretary of the Army shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on the recommendations contained 

in the audit conducted by the Army Audit Agency of the Army’s 

Marketing and Advertising Program concerning contract oversight and return on investment. 

(2) CONTENTS.—The report required by paragraph (1) shall 

address each of the following: 

(A) The mitigation and oversight measures implemented to assure improved program return and contract 

management including the establishment of specific goals 

to measure long-term effects of investments in marketing 

efforts. 

(B) The establishment of a review process to regularly 

evaluate the effectiveness and efficiency of marketing 

efforts including efforts to better support the accessions 

missions of the Army. 

(C) The increase of acquisition and marketing experience within the Army Marketing and Research Group 

(hereafter in this section referred to as the ‘‘AMRG’’). 

(D) A workforce analysis of the AMRG in cooperation 

with the Office of Personnel Management and industry 

experts assessing the AMRG organizational structure, 

staffing, and training, including an assessment of the workplace climate and culture internal to the AMRG. 

(E) The establishment of an Army Marketing and 

Advisory Board comprised of senior Army and marketing 

and advertising leaders and an assessment of industry 

and service marketing and advertising best practices, 

including a plan to incorporate relevant practices. 

(F) The status of the implementation of contracting 

practices recommended by the Army Audit Agency’s audit 

of contracting oversight of the AMRG contained in Audit 

Report A–2018–0033–MTH. 

(b) LIMITATION ON USE OF FUNDS.—Not more than 60 percent 

of the amounts authorized to be appropriated or otherwise made 

available in this Act for the AMRG for fiscal year 2019 for advertising and marketing activities may be obligated or expended until 

the Secretary of the Army submits the report required by subsection 

(a). 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 

after the date of the submittal of the report required by subsection 

(a), the Comptroller General of the United States shall conduct 

a review of the results and implementation of the recommendations 

of the Army Audit Agency Audits of the AMRG on contract oversight 


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and return on investment. Such review shall include an assessment 

of the effects of the implementation of the recommendations on 

the AMRG leadership, workforce and business practices, and return 

on investment. 

SEC. 600. PROOF OF PERIOD OF MILITARY SERVICE FOR PURPOSES 

OF INTEREST RATE LIMITATION UNDER THE 

SERVICEMEMBERS CIVIL RELIEF ACT. 

Section 207(b)(1) of the Servicemembers Civil Relief Act (50 

U.S.C. 3937(b)(1)) is amended to read as follows: 

‘‘(1) PROOF OF MILITARY SERVICE.— 

‘‘(A) IN GENERAL.—Not later than 180 days after the 

date of a servicemember’s termination or release from military service, in order for an obligation or liability of the 

servicemember to be subject to the interest rate limitation 

in subsection (a), the servicemember shall provide to the 

creditor written notice and a copy of— 

‘‘(i) the military orders calling the servicemember 

to military service and any orders further extending 

military service; or 

‘‘(ii) any other appropriate indicator of military 

service, including a certified letter from a commanding 

officer. 

‘‘(B) INDEPENDENT VERIFICATION BY CREDITOR.— 

‘‘(i) IN GENERAL.—A creditor may use, in lieu of 

notice and documentation under subparagraph (A), 

information retrieved from the Defense Manpower 

Data Center through the creditor’s normal business 

reviews of such Center for purposes of obtaining 

information indicating that the servicemember is on 

active duty. 

‘‘(ii) SAFE HARBOR.—A creditor that uses the 

information retrieved from the Defense Manpower 

Data Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if— 

‘‘(I) such information indicates that, on the 

date the creditor retrieves such information, the 

servicemember is not on active duty; and 

‘‘(II) the creditor has not, by the end of the 

180-day period under subparagraph (A), received 

the written notice and documentation required 

under that subparagraph with respect to the servicemember.’’. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Repeal of authority for payment of personal money allowances to Navy officers serving in certain positions. 

Sec. 602. Eligibility of reserve component members for high-deployment allowance 

for lengthy or numerous deployments and frequent mobilizations. 

Sec. 603. Prohibition on per diem allowance reductions based on the duration of 

temporary duty assignment or civilian travel. 

Sec. 604. Extension of parking expenses allowance to civilian employees at recruiting facilities. 


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132 STAT. 1794 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 605. Eligibility of reserve component members for nonreduction in pay while 

serving in the uniformed services or National Guard. 

Sec. 606. Military Housing Privatization Initiative. 

Subtitle B—Bonuses and Special Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

Sec. 612. Report on imminent danger pay and hostile fire pay. 

Subtitle C—Other Matters 

Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain 

veterans and their caregivers. 

Sec. 622. Technical corrections in calculation and publication of special survivor indemnity allowance cost of living adjustments. 

Sec. 623. Authority to award damaged personal protective equipment to members 

separating from the Armed Forces and veterans as mementos of military service. 

Sec. 624. Space-available travel on Department of Defense aircraft for veterans 

with service-connected disabilities rated as total. 

Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group 

Life Insurance for members deployed to combat theaters of operation. 

Sec. 626. Access to military installations for certain surviving spouses and other 

next of kin of members of the Armed Forces who die while on active 

duty or certain reserve duty. 

Sec. 627. Study and report on development of a single defense resale system. 

Subtitle A—Pay and Allowances 

SEC. 601. REPEAL OF AUTHORITY FOR PAYMENT OF PERSONAL MONEY 

ALLOWANCES TO NAVY OFFICERS SERVING IN CERTAIN 

POSITIONS. 

(a) REPEAL.—Section 414 of title 37, United States Code, is 

amended— 

(1) by striking subsection (b); and 

(2) by redesignating subsection (c) as subsection (b). 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on December 31, 2018, and shall apply with 

respect to personal money allowances payable under section 414 

of title 37, United States Code, for years beginning after that 

date. 

SEC. 602. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR HIGHDEPLOYMENT ALLOWANCE FOR LENGTHY OR NUMEROUS 

DEPLOYMENTS AND FREQUENT MOBILIZATIONS. 

Section 436(a)(2)(C)(ii) of title 37, United States Code, is 

amended by inserting ‘‘section 12304b of title 10 or’’ after ‘‘under’’ 

the first place it appears. 

SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUCTIONS 

BASED ON THE DURATION OF TEMPORARY DUTY ASSIGNMENT OR CIVILIAN TRAVEL. 

(a) MEMBERS.—Section 474(d)(3) of title 37, United States Code, 

is amended by adding at the end the following new sentence: 

‘‘The Secretary of a military department shall not alter the amount 

of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty 

assignment in the locality of a member of the armed forces under 

the jurisdiction of the Secretary.’’. 

(b) CIVILIAN EMPLOYEES.—Section 5702(a)(2) of title 5, United 

States Code, is amended by adding at the end the following new 

sentence: ‘‘The Secretary of Defense shall not alter the amount 

37 USC 414 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1795 

of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the travel in the 

locality of an employee of the Department.’’. 

(c) REPEALS.— (1) EXISTING POLICY AND REGULATIONS.—The policy, and 

any regulations issued pursuant to such policy, implemented 

by the Secretary of Defense on November 1, 2014, with respect 

to reductions in per diem allowances based on duration of 

temporary duty assignment or civilian travel shall have no 

force or effect. 

(2) ATTEMPTED STATUTORY FIX.—Section 672 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed. 

SEC. 604. EXTENSION OF PARKING EXPENSES ALLOWANCE TO 

CIVILIAN EMPLOYEES AT RECRUITING FACILITIES. 

Section 481i(b)(1) of title 37, United States Code, is amended 

by striking ‘‘as a recruiter for any’’ and inserting ‘‘at a recruiting 

facility’’. 

SEC. 605. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR NONREDUCTION IN PAY WHILE SERVING IN THE UNIFORMED 

SERVICES OR NATIONAL GUARD. 

Section 5538(a) of title 5, United States Code, is amended 

in the matter preceding paragraph (1) by inserting ‘‘section 12304b 

of title 10 or’’ after ‘‘under’’. 

SEC. 606. MILITARY HOUSING PRIVATIZATION INITIATIVE. 

(a) PAYMENT AUTHORITY.—Each month beginning on the first 

month after the date of the enactment of this Act, the Secretary 

shall pay a lessor of covered housing 5 percent of the amount 

calculated under section 403(b)(3)(A)(i) of title 37, United States 

Code, for the area in which the covered housing exists. Any such 

payment shall be in addition to any other payment made by the 

Secretary to that lessor. 

(b) PLAN FOR MHPI HOUSING.—Not later than December 1, 

2018, the Secretary shall submit to the congressional defense 

committees a long-range plan to develop measures to consistently 

address the future sustainment, recapitalization, and financial 

condition of MHPI housing. The plan shall include— 

(1) efforts to mitigate the losses incurred by MHPI housing 

projects because of the reductions to BAH under section 603 

of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114-92; 37 U.S.C. 403(b)(3)(B)); and 

(2) a full assessment of the effects of such reductions (in 

relation to calculations of market rates for rent and utilities) 

on the financial condition of MHPI housing. 

(c) REPORTING.—The Secretary shall direct the Assistant Secretary of Defense for Energy, Installations, and Environment to 

take the following steps regarding reports under section 2884(c) 

of title 10, United States Code: 

(1) Provide additional contextual information on MHPI 

housing to identify any differences in the calculation of debt 

coverage ratios and any effect of such differences on their 

comparability. 

(2) Immediately resume issuing such reports on the financial condition of MHPI housing. 

10 USC 2871 

note. 

37 USC 474 note. 


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132 STAT. 1796 PUBLIC LAW 115–232—AUG. 13, 2018 

(3) Revise Department of Defense guidance on MHPI 

housing— 

(A) to ensure that relevant financial data (such as 

debt coverage ratios) in such reports are consistent and 

comparable in terms of the time periods of the data collected; 

(B) to include a requirement that the secretary of each 

military department includes measures of future 

sustainment into each assessments of MHPI housing 

projects; and 

(C) to require the secretary of each military department 

to define risk tolerance regarding the future sustainability 

of MHPI housing projects. 

(4) Report financial information on future sustainment of 

each MHPI housing project in such reports. 

(5) Provide Department of Defense guidance to the secretaries of the military departments to— 

(A) assess the significance of the specific risks to individual MHPI housing projects from the reduction in BAH; 

and 

(B) identify methods to mitigate such risks based on 

their significance. 

(6) Not later than December 1, 2018, finalize Department 

of Defense guidance that clearly defines— 

(A) the circumstances in which the military departments shall provide notification of housing project changes 

to the congressional defense committees; and 

(B) which types of such changes require prior notification to or prior approval from the congressional defense 

committees. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘BAH’’ means the basic allowance for housing 

under section 403 of title 37, United States Code. 

(2) The term ‘‘covered housing’’ means a unit of MHPI 

housing that is leased to a member of a uniformed service 

who resides in such unit. 

(3) The term ‘‘MHPI housing’’ means housing acquired 

or constructed under the alternative authority of subchapter 

IV of chapter 169 of title 10, United States Code (known as 

the Military Housing Privatization Initiative) on or before September 30, 2014. 

Subtitle B—Bonuses and Special Incentive 

Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND 

SPECIAL PAY AUTHORITIES. 

(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g) 

of title 37, United States Code, relating to income replacement 

payments for reserve component members experiencing extended 

and frequent mobilization for active duty service, is amended by 

striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. 

(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFESSIONALS.—The following sections of title 10, United States Code, 

are amended by striking ‘‘December 31, 2018’’ and inserting 

‘‘December 31, 2019’’: 


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(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section 

333(i) of title 37, United States Code, is amended by striking 

‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’. 

(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL

PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sections of title 37, United States Code, are amended by striking 

‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 

(4) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(5) Section 336(g), relating to contracting bonus for cadets 

and midshipmen enrolled in the Senior Reserve Officers’ 

Training Corps. 

(6) Section 351(h), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special 

duty pay. 

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high 

priority units. 

(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES

OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b)(7)(E) of title 

37, United States Code, is amended by striking ‘‘December 31, 

2018’’ and inserting ‘‘December 31, 2019’’. 

SEC. 612. REPORT ON IMMINENT DANGER PAY AND HOSTILE FIRE 

PAY. 

(a) REPORT REQUIRED.—Not later than March 1, 2019, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

examining the current processes for awarding imminent danger 

pay and hostile fire pay to members of the Armed Forces. 

(b) ELEMENTS.—This report under this section shall include 

the following: 

(1) An analysis of difficulties in implementing the current 

system. 

(2) An explanation of how geographic regions are selected 

to be eligible for such pay and the criteria used to define 

these regions. 

(3) An examination of whether the current geographic 

model is the most appropriate way to award such pay, including 

the following: 

(A) A discussion of whether the current model most 

accurately reflects the realities of modern warfare and 

is responsive enough to the needs of members. 


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132 STAT. 1798 PUBLIC LAW 115–232—AUG. 13, 2018 

(B) Whether the Secretary believes it would be appropriate to tie such pay to specific authorizations for deployments (including deployments of special operations forces) 

in addition to geographic criteria. 

(C) A description of any change the Secretary would 

consider to update such pay to reflect the current operational environment. 

(D) How the Secretary would implement each change 

under subparagraph (C). 

(E) Recommendations of the Secretary for related regulations or legislative action. 

Subtitle C—Other Matters 

SEC. 621. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECREATION PRIVILEGES TO CERTAIN VETERANS AND THEIR 

CAREGIVERS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Purple 

Heart and Disabled Veterans Equal Access Act of 2018’’. 

(b) COMMISSARY STORES AND MWR FACILITIES PRIVILEGES FOR

CERTAIN VETERANS AND VETERAN CAREGIVERS.— 

(1) EXTENSION OF PRIVILEGES.—Chapter 54 of title 10, 

United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 1065. Use of commissary stores and MWR facilities: certain 

veterans and caregivers for veterans 

‘‘(a) ELIGIBILITY OF VETERANS AWARDED THE PURPLE HEART.— 

A veteran who was awarded the Purple Heart shall be permitted 

to use commissary stores and MWR facilities on the same basis 

as a member of the armed forces entitled to retired or retainer 

pay. 

‘‘(b) ELIGIBILITY OF VETERANS WHO ARE MEDAL OF HONOR

RECIPIENTS.—A veteran who is a Medal of Honor recipient shall 

be permitted to use commissary stores and MWR facilities on the 

same basis as a member of the armed forces entitled to retired 

or retainer pay. 

‘‘(c) ELIGIBILITY OF VETERANS WHO ARE FORMER PRISONERS

OF WAR.—A veteran who is a former prisoner of war shall be 

permitted to use commissary stores and MWR facilities on the 

same basis as a member of the armed forces entitled to retired 

or retainer pay. 

‘‘(d) ELIGIBILITY OF VETERANS WITH SERVICE-CONNECTED

DISABILITIES.—A veteran with a service-connected disability shall 

be permitted to use commissary stores and MWR facilities on the 

same basis as a member of the armed forces entitled to retired 

or retainer pay. 

‘‘(e) ELIGIBILITY OF CAREGIVERS FOR VETERANS.—A caregiver 

or family caregiver shall be permitted to use commissary stores 

and MWR facilities on the same basis as a member of the armed 

forces entitled to retired or retainer pay. 

‘‘(f) USER FEE AUTHORITY.—(1) The Secretary of Defense shall 

prescribe regulations that impose a user fee on individuals who 

are eligible solely under this section to purchase merchandise at 

a commissary store or MWR retail facility. 

10 USC 1065. 

10 USC 101 note. 

Purple Heart 

and Disabled 

Veterans Equal 

Access Act 

of 2018. 


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‘‘(2) The Secretary shall set the user fee under this subsection 

at a rate that the Secretary determines will offset any increase 

in expenses arising from this section borne by the Department 

of the Treasury on behalf of commissary stores associated with 

the use of credit or debit cards for customer purchases, including 

expenses related to card network use and related transaction processing fees. 

‘‘(3) The Secretary shall deposit funds collected pursuant to 

a user fee under this subsection in the General Fund of the 

Treasury. 

‘‘(4) Any fee under this subsection is in addition to the uniform 

surcharge under section 2484(d) of this title. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘MWR facilities’ includes— 

‘‘(A) MWR retail facilities, as that term is defined 

in section 1063(e) of this title; and 

‘‘(B) military lodging operated by the Department of 

Defense for the morale, welfare, and recreation of members 

of the armed forces. 

‘‘(2) The term ‘Medal of Honor recipient’ has the meaning 

given that term in section 1074h(c) of this title. 

‘‘(3) The terms ‘veteran’, ‘former prisoner of war’, and 

‘service-connected’ have the meanings given those terms in 

section 101 of title 38. 

‘‘(4) The terms ‘caregiver’ and ‘family caregiver’ have the 

meanings given those terms in section in section 1720G(d) 

of title 38.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 54 of title 10, United States Code, is 

amended by adding at the end the following new item: 

‘‘1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.’’. 

(3) EFFECTIVE DATE.—Section 1065 of title 10, United 

States Code, as added by paragraph (1), shall take effect on 

January 1, 2020. 

(4) BRIEFING REQUIRED.—Not later than October 1, 2019, 

the Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and House of Representatives 

a briefing on the plan of the Secretary to implement section 

1065 of title 10, United States Code, as added by paragraph 

(1). 

SEC. 622. TECHNICAL CORRECTIONS IN CALCULATION AND PUBLICATION OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE 

COST OF LIVING ADJUSTMENTS. 

(a) MONTHS FOR WHICH ADJUSTMENT APPLICABLE.—Paragraph 

(2) of section 1450(m) of title 10, United States Code, is amended— 

(1) in subparagraph (I), by striking ‘‘December’’ and 

inserting ‘‘November’’; and 

(2) in subparagraph (J), by striking ‘‘for months during 

any calendar year after 2018’’ and inserting ‘‘for months after 

November 2018’’. 

(b) COST OF LIVING ADJUSTMENT.—Paragraph (6) of such section 

is amended— 

(1) in the paragraph heading, by striking ‘‘AFTER 2018’’ 

and inserting ‘‘AFTER NOVEMBER 2018’’; and 

10 USC 1065 

note. 

10 USC 1061 

prec. 


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132 STAT. 1800 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) by striking subparagraphs (A) and (B) and inserting 

the following new subparagraphs: 

‘‘(A) IN GENERAL.—Whenever retired pay is increased 

for a month under section 1401a of this title (or any other 

provision of law), the amount of the allowance payable 

under paragraph (1) for that month shall also be increased. 

‘‘(B) AMOUNT OF INCREASE.—With respect to an eligible 

survivor of a member of the uniformed services, the 

increase for a month shall be— 

‘‘(i) the amount payable pursuant to paragraph 

(2) for months during the preceding 12-month period; 

plus 

‘‘(ii) an amount equal to a percentage of the 

amount determined pursuant to clause (i), which 

percentage is the percentage by which the retired pay 

of the member would have increased for the month, 

as described in subparagraph (A), if the member was 

alive (and otherwise entitled to such pay). 

‘‘(C) ROUNDING DOWN.—The monthly amount of an 

allowance payable under this subsection, if not a multiple 

of $1, shall be rounded to the next lower multiple of $1. 

‘‘(D) PUBLIC NOTICE ON AMOUNT OF ALLOWANCE PAYABLE.—Whenever an increase in the amount of the allowance payable under paragraph (1) is made pursuant to 

this paragraph, the Secretary of Defense shall publish the 

amount of the allowance so payable by reason of such 

increase, including the months for which payable.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on December 1, 2018. 

SEC. 623. AUTHORITY TO AWARD DAMAGED PERSONAL PROTECTIVE 

EQUIPMENT TO MEMBERS SEPARATING FROM THE ARMED 

FORCES AND VETERANS AS MEMENTOS OF MILITARY 

SERVICE. 

(a) IN GENERAL.—Chapter 152 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2568a. Damaged personal protective equipment: award to 

members separating from the Armed Forces and 

veterans 

‘‘(a) IN GENERAL.—The Secretary of a military department, 

acting through a disposition service distribution center of the 

Defense Logistics Agency, may award to a covered individual the 

demilitarized PPE of that covered individual. The award of PPE 

under this section shall be without cost to the covered individual. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered individual’ means— 

‘‘(A) a member of the armed forces— 

‘‘(i) under the jurisdiction of the Secretary concerned; and 

‘‘(ii) who is separating from the armed forces; or 

‘‘(B) a veteran who was under the jurisdiction of the 

Secretary concerned while a member of the armed forces. 

‘‘(2) The term ‘PPE’ means personal protective equipment 

that was damaged in combat or otherwise— 

‘‘(A) during the deployment of a covered individual; 

and 

10 USC 2568a. 

10 USC 1450 

note. 


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‘‘(B) after September 11, 2001.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 152 of such title is amended by adding at the 

end the following new item: 

‘‘2568a. Damaged personal protective equipment: award to members separating from 

the armed forces and veterans.’’. 

SEC. 624. SPACE-AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE 

AIRCRAFT FOR VETERANS WITH SERVICE-CONNECTED 

DISABILITIES RATED AS TOTAL. 

(a) IN GENERAL.—Subsection (c) of section 2641b of title 10, 

United States Code, is amended— 

(1) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

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

‘‘(4) Subject to subsection (f), veterans with a permanent 

service-connected disability rated as total.’’. 

(b) CONDITIONS AND LIMITATIONS.—Such section is further 

amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED

AS TOTAL.—(1) Travel may not be provided under this section to 

a veteran eligible for travel pursuant to subsection (c)(4) in priority 

over any member eligible for travel under subsection (c)(1) or any 

dependent of such a member eligible for travel under this section. 

‘‘(2) The authority in subsection (c)(4) may not be construed 

as affecting or in any way imposing on the Department of Defense, 

any armed force, or any commercial company with which they 

contract an obligation or expectation that they will retrofit or alter, 

in any way, military aircraft or commercial aircraft, or related 

equipment or facilities, used or leased by the Department or such 

armed force to accommodate passengers provided travel under such 

authority on account of disability. 

‘‘(3) The authority in subsection (c)(4) may not be construed 

as preempting the authority of a flight commander to determine 

who boards the aircraft and any other matters in connection with 

safe operation of the aircraft.’’. 

SEC. 625. MANDATORY INCREASE IN INSURANCE COVERAGE UNDER 

SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEMBERS DEPLOYED TO COMBAT THEATERS OF OPERATION. 

Section 1967(a)(3) of title 38, United States Code, is amended— 

(1) in subparagraph (A), by striking ‘‘subparagraphs (B) 

and (C)’’ and inserting ‘‘subparagraphs (B), (C), and (D)’’; and 

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

‘‘(D) In the case of a member who elects under paragraph 

(2)(A) not to be insured under this section, or who elects under 

subparagraph (B) to be insured for an amount less than the 

maximum amount provided under subparagraph (A), and who 

is deployed to a combat theater of operations the member— 

‘‘(i) shall be insured under this subchapter for the 

maximum amount provided under subparagraph (A) for 

the period of such deployment; and 

‘‘(ii) upon the end of such deployment— 

10 USC 2551 

prec. 


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132 STAT. 1802 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘(I) shall be insured in the amount elected by 

the member under subparagraph (B); or 

‘‘(II) shall not be insured, if so elected under paragraph (2)(A).’’. 

SEC. 626. ACCESS TO MILITARY INSTALLATIONS FOR CERTAIN SURVIVING SPOUSES AND OTHER NEXT OF KIN OF MEMBERS 

OF THE ARMED FORCES WHO DIE WHILE ON ACTIVE DUTY 

OR CERTAIN RESERVE DUTY. 

(a) PROCEDURES FOR ACCESS OF SURVIVING SPOUSES

REQUIRED.—The Secretary of Defense, acting jointly with the Secretary of Homeland Security, shall establish procedures by which 

an eligible surviving spouse may obtain unescorted access, as appropriate, to military installations in order to receive benefits to which 

the eligible surviving spouse may be entitled by law or policy. 

(b) PROCEDURES FOR ACCESS OF NEXT OF KIN AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense, acting jointly 

with the Secretary of Homeland Security, may establish procedures by which the next of kin of a covered member of the 

Armed Forces, in addition to an eligible surviving spouse, may 

obtain access to military installations for such purposes and 

under such conditions as the Secretaries jointly consider appropriate. 

(2) NEXT OF KIN.—If the Secretaries establish procedures 

pursuant to paragraph (1), the Secretaries shall jointly specify 

the individuals who shall constitute next of kin for purposes 

of such procedures. 

(c) CONSIDERATIONS.—Any procedures established under this 

section shall— 

(1) be applied consistently across the Department of 

Defense and the Department of Homeland Security, including 

all components of the Departments; 

(2) minimize any administrative burden on a surviving 

spouse or dependent child, including through the elimination 

of any requirement for a surviving spouse to apply as a personal 

agent for continued access to military installations in accompaniment of a dependent child; 

(3) take into account measures required to ensure the security of military installations, including purpose and eligibility 

for access and renewal periodicity; and 

(4) take into account such other factors as the Secretary 

of Defense or the Secretary of Homeland Security considers 

appropriate. 

(d) DEADLINE.—The procedures required by subsection (a) shall 

be established by the date that is not later than one year after 

the date of the enactment of this Act. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘eligible surviving spouse’’ means an individual who is a surviving spouse of a covered member of the 

Armed Forces, without regard to whether the individual 

remarries after the death of the covered member of the Armed 

Forces. 

(2) The term ‘‘covered member of the Armed Forces’’ means 

a member of the Armed Forces who dies while serving— 

(A) on active duty; or 

10 USC 113 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1803 

(B) on such reserve duty as the Secretary of Defense 

and the Secretary of Homeland Security may jointly specify 

for purposes of this section. 

SEC. 627. STUDY AND REPORT ON DEVELOPMENT OF A SINGLE 

DEFENSE RESALE SYSTEM. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

to determine the feasibility of consolidating the military resale 

entities into a single defense resale system. Such study shall include 

the following: 

(1) A financial assessment of consolidation of the military 

resale entities. 

(2) A business case analysis of consolidation of the military 

resale entities. 

(3) Organizational, operational, and business model 

integration plans for consolidation of the military resale entities. 

(4) Determinations of which back-office processes and systems associated with finance and payment processing technologies the Secretary could convert to common technologies. 

(b) REPORT.—Not later than January 1, 2019, the Secretary 

shall submit a report to the congressional defense committees 

regarding the study under subsection (a). That report shall contain 

the following: 

(1) Details of the internal and external organizational structures of a consolidated defense resale system. 

(2) Recommendations of the Secretaries of each of the military departments regarding the plan to consolidate the military 

resale entities. 

(3) The costs and associated plan for the merger of technologies or implementation of new technology from a thirdparty provider to standardize financial management and 

accounting processes of a consolidated defense resale system. 

(4) Best practices to maximize reductions in costs associated 

with back-office retail payment processing for a consolidated 

defense resale system. 

(5) A timeline for converting the Defense Commissary 

Agency into a non-appropriated fund instrumentality under 

section 2484(j) of title 10, United States Code. 

(6) A determination whether the business case analysis 

supports consolidation of the military resale entities. 

(7) Recommendations of the Secretary for legislation related 

to consolidation of the military resale entities. 

(8) Other elements the Secretary determines are necessary 

for a successful evaluation of a consolidation of the military 

resale entities. 

(c) PROHIBITION ON USE OF FUNDS.—None of the amounts 

authorized to be appropriated or otherwise made available in this 

Act may be obligated or expended for the purpose of implementing 

consolidation of the military resale entities until October 1, 2019. 

(d) MILITARY RESALE ENTITIES DEFINED.—In this section the 

term ‘‘military resale entities’’ means— 

(1) the Defense Commissary Agency; 

(2) the Army and Air Force Exchange Service; 

(3) the Navy Exchange; and 

(4) the Marine Corps Exchange. 


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132 STAT. 1804 PUBLIC LAW 115–232—AUG. 13, 2018 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Cessation of requirement for mental health assessment of members after 

redeployment from a contingency operation upon discharge or release 

from the Armed Forces. 

Sec. 702. Pilot program on treatment of members of the Armed Forces for posttraumatic stress disorder related to military sexual trauma. 

Subtitle B—Health Care Administration 

Sec. 711. Improvement of administration of the Defense Health Agency and military medical treatment facilities. 

Sec. 712. Organizational framework of the military healthcare system to support 

the medical requirements of the combatant commands. 

Sec. 713. Administration of TRICARE dental plans through the Federal Employees 

Dental and Vision Insurance Program. 

Sec. 714. Streamlining of TRICARE Prime beneficiary referral process. 

Sec. 715. Sharing of information with State prescription drug monitoring programs. 

Sec. 716. Pilot program on opioid management in the military health system. 

Sec. 717. Wounded warrior policy review. 

Sec. 718. Medical simulation technology and live tissue training within the Department of Defense. 

Sec. 719. Improvements to trauma center partnerships. 

Sec. 720. Improvement to notification to Congress of hospitalization of combatwounded members of the Armed Forces. 

Subtitle C—Reports and Other Matters 

Sec. 731. Extension of authority for Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund. 

Sec. 732. Joint forces medical capabilities development and standardization. 

Sec. 733. Inclusion of gambling disorder in health assessments of members of the 

Armed Forces and related research efforts. 

Sec. 734. Report on requirement for certain former members of the Armed Forces 

to enroll in Medicare Part B to be eligible for TRICARE for Life. 

Sec. 735. Pilot program on earning by special operations forces medics of credit toward a physician assistant degree. 

Sec. 736. Strategic medical research plan. 

Sec. 737. Comptroller General of the United States review of Defense Health Agency oversight of transition between managed care support contractors for 

the TRICARE program. 

Sec. 738. Comptroller General study on availability of long-term care options for 

veterans from Department of Veterans Affairs. 

Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foundation for the Advancement of Military Medicine. 

Subtitle A—TRICARE and Other Health 

Care Benefits 

SEC. 701. CESSATION OF REQUIREMENT FOR MENTAL HEALTH ASSESSMENT OF MEMBERS AFTER REDEPLOYMENT FROM A 

CONTINGENCY OPERATION UPON DISCHARGE OR 

RELEASE FROM THE ARMED FORCES. 

Section 1074m of title 10, United States Code, is amended— 

(1) in subsection (a)(1)(C), by striking ‘‘Once’’ and inserting 

‘‘Subject to subsection (d), once’’; and 

(2) in subsection (d), by striking ‘‘subsection (a)(1)(D)’’ and 

inserting ‘‘subparagraph (C) or (D) of subsection (a)(1)’’. 

SEC. 702. PILOT PROGRAM ON TREATMENT OF MEMBERS OF THE 

ARMED FORCES FOR POST-TRAUMATIC STRESS DISORDER 

RELATED TO MILITARY SEXUAL TRAUMA. 

(a) IN GENERAL.—The Secretary of Defense may carry out a 

pilot program to assess the feasibility and advisability of using 

10 USC 1092 

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intensive outpatient programs to treat members of the Armed 

Forces suffering from post-traumatic stress disorder resulting from 

military sexual trauma, including treatment for substance abuse, 

depression, and other issues related to such conditions. 

(b) DISCHARGE THROUGH PARTNERSHIPS.—The pilot program 

authorized by subsection (a) shall be carried out through partnerships with public, private, and non-profit health care organizations, 

universities, and institutions that— 

(1) provide health care to members of the Armed Forces; 

(2) provide evidence-based treatment for psychological and 

neurological conditions that are common among members of 

the Armed Forces, including post-traumatic stress disorder, 

traumatic brain injury, substance abuse, and depression; 

(3) provide health care, support, and other benefits to 

family members of members of the Armed Forces; and 

(4) provide health care under the TRICARE program (as 

that term is defined in section 1072 of title 10, United States 

Code). 

(c) PROGRAM ACTIVITIES.—Each organization or institution that 

participates in a partnership under the pilot program authorized 

by subsection (a) shall— 

(1) carry out intensive outpatient programs of short duration to treat members of the Armed Forces suffering from 

post-traumatic stress disorder resulting from military sexual 

trauma, including treatment for substance abuse, depression, 

and other issues related to such conditions; 

(2) use evidence-based and evidence-informed treatment 

strategies in carrying out such programs; 

(3) share clinical and outreach best practices with other 

organizations and institutions participating in the pilot program; and 

(4) annually assess outcomes for members of the Armed 

Forces individually and among the organizations and institutions participating in the pilot program with respect to the 

treatment of conditions described in paragraph (1). 

(d) EVALUATION METRICS.—Before commencement of the pilot 

program, the Secretary shall establish metrics to be used to evaluate 

the effectiveness of the pilot program and the activities under 

the pilot program. 

(e) REPORTS.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the pilot program authorized by subsection (a). The report shall include a description 

of the pilot program and such other matters on the pilot program as the Secretary considers appropriate. 

(2) FINAL REPORT.—Not later than 180 days after the cessation of the pilot program under subsection (f), the Secretary 

shall submit to the committees of Congress referred to in paragraph (1) a report on the pilot program. The report shall include 

the following: 

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

partnerships under the pilot program as described in subsection (b). 

(B) An assessment of the effectiveness of the pilot 

program and the activities under the pilot program. 


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(C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in 

light of the pilot program, including recommendations for 

extension or making permanent the authority for the pilot 

program. 

(f) TERMINATION.—The Secretary may not carry out the pilot 

program authorized by subsection (a) after the date that is three 

years after the date of the enactment of this Act. 

Subtitle B—Health Care Administration 

SEC. 711. IMPROVEMENT OF ADMINISTRATION OF THE DEFENSE 

HEALTH AGENCY AND MILITARY MEDICAL TREATMENT 

FACILITIES. 

(a) ADMINISTRATION OF FACILITIES BY DIRECTOR OF DEFENSE

HEALTH AGENCY.— 

(1) IN GENERAL.—Subsection (a) of section 1073c of title 

10, United States Code, is amended— 

(A) in paragraph (1), by striking ‘‘Beginning October 

1, 2018,’’ and inserting ‘‘In accordance with paragraph (4), 

by not later than September 30, 2021,’’; 

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; 

(C) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) In addition to the responsibilities set forth in paragraph 

(1), the Director of the Defense Health Agency shall, commencing 

when the Director begins to exercise responsibilities under that 

paragraph, have the authority— 

‘‘(A) to direct, control, and serve as the primary rater 

of the performance of commanders or directors of military medical treatment facilities; 

‘‘(B) to direct and control any intermediary organizations 

between the Defense Health Agency and military medical treatment facilities; 

‘‘(C) to determine the scope of medical care provided at 

each military medical treatment facility to meet the military 

personnel readiness requirements of the senior military operational commander of the military installation; 

‘‘(D) to determine total workforce requirements at each 

military medical treatment facility; 

‘‘(E) to direct joint manning at military medical treatment 

facilities and intermediary organizations; 

‘‘(F) to address personnel staffing shortages at military 

medical treatment facilities; and 

‘‘(G) to select among service nominations for commanders 

or directors of military medical treatment facilities.’’; 

(D) by inserting after paragraph (3), as redesignated 

by subparagraph (B), the following new paragraph (4): 

‘‘(4) The Secretary of Defense shall establish a timeline to 

ensure that each Secretary of a military department transitions 

the administration of military medical treatment facilities from 

such Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.’’; 

and 


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(E) in paragraph (5), as so redesignated, by striking 

‘‘subsection (a)’’ and inserting ‘‘paragraphs (1) and (2)’’. 

(2) COMBAT SUPPORT RESPONSIBILITIES.—Subsection (d)(2) 

of such section is amended by adding at the end the following 

new subparagraph: 

‘‘(C) Ensuring that the Defense Health Agency meets the 

military medical readiness requirements of the senior military 

operational commanders of the military installations.’’. 

(3) LIMITATION ON CLOSURES AND DOWNSIZINGS IN CONNECTION WITH TRANSITION OF ADMINISTRATION.—In carrying out 

the transition of responsibility for the administration of military 

medical treatment facilities pursuant to subsection (a) of section 

1073c of title 10, United States Code (as amended by paragraph 

(1)), and in addition to any other applicable requirements under 

section 1073d of that title, the Secretary of Defense may not 

close any military medical treatment facility, or downsize any 

medical center, hospital, or ambulatory care center (as specified 

in section 1073d of that title), that addresses the medical needs 

of beneficiaries and the community in the vicinity of such 

facility, center, hospital, or care center until the Secretary 

submits to the congressional defense committees a report setting forth the following: 

(A) A description of the methodology and criteria to 

be used by the Secretary to make decisions to close any 

military medical treatment facility, or to downsize any 

medical center, hospital, or ambulatory care center, in 

connection with the transition, including input from the 

military department concerned. 

(B) A requirement that no closure of a military medical 

treatment facility, or downsizing of a medical center, hospital, or ambulatory care center, in connection with the 

transition will occur until 90 days after the date on which 

Secretary submits to the Committees on Armed Services 

of the Senate and the House of Representatives a report 

on the closure or downsizing. 

(b) ADDITIONAL DEFENSE HEALTH AGENCY ORGANIZATIONS.— 

(1) IN GENERAL.—Section 1073c of such title is further 

amended— 

(A) by redesignating subsection (e) as subsection (f); 

and 

(B) by inserting after subsection (d) the following new 

subsection (e): 

‘‘(e) ADDITIONAL DHA ORGANIZATIONS.—Not later than September 30, 2022, the Secretary of Defense shall, acting though 

the Director of the Defense Health Agency, establish within the 

Defense Health Agency the following: 

‘‘(1) A subordinate organization, to be called the Defense 

Health Agency Research and Development— 

‘‘(A) led, at the election of the Director, by a director 

or commander (to be called the Director or Commander 

of Defense Health Agency Research and Development); 

‘‘(B) comprised of the Army Medical Research and 

Materiel Command and such other medical research 

organizations and activities of the armed forces as the 

Secretary considers appropriate; and 

10 USC 1073c 

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‘‘(C) responsible for coordinating funding for Defense 

Health Program Research, Development, Test, and Evaluation, the Congressionally Directed Medical Research Program, and related Department of Defense medical research. 

‘‘(2) A subordinate organization, to be called the Defense 

Health Agency Public Health— 

‘‘(A) led, at the election of the Director, by a director 

or commander (to be called the Director or Commander 

of Defense Health Agency Public Health); and 

‘‘(B) comprised of the Army Public Health Command, 

the Navy–Marine Corps Public Health Command, Air Force 

public health programs, and any other related defense 

health activities that the Secretary considers appropriate, 

including overseas laboratories focused on preventive medicine, environmental health, and similar matters.’’. 

(2) REPORT ON FEASIBILITY OF FURTHER ADDITIONAL

ORGANIZATION IN DHA.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on a study, conducted 

by the Secretary for purposes of the report, of the feasibility 

of establishing with the Defense Health Agency a subordinate 

organization, to be called the Defense Health Agency Education 

and Training, to be led by the President of the Uniformed 

Services University of the Health Sciences and to be comprised 

of the current Medical Education and Training Campus, the 

Uniformed Services University of the Health Sciences, the medical education and training commands of the Armed Forces, 

and such other elements, facilities, and commands of the 

Department of Defense as the Secretary considers appropriate. 

(c) REPORT ON FEASIBILITY OF SUPERSEDING ORGANIZATION FOR

DHA.— 

(1) REPORT REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on a study, conducted 

by the Secretary for purposes of the report, of the feasibility 

of establishing a command, to be called the Defense Health 

Command, as a superseding organization to the Defense Health 

Agency. 

(2) ELEMENTS.—If the Secretary determines in the report 

under paragraph (1) that a command as a superseding organization to the Defense Health Agency is feasible, the report shall 

include the following: 

(A) A description of the required responsibilities of 

the commander of the command. 

(B) A description of any current organizations that 

support the Defense Health Agency to be included in the 

command. 

(C) A description of any authorities required for the 

leadership and direction of the command. 

(D) Any other matters in the connection with the 

establishment, operations, and activities of the command 

that the Secretary considers appropriate. 


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SEC. 712. ORGANIZATIONAL FRAMEWORK OF THE MILITARY 

HEALTHCARE SYSTEM TO SUPPORT THE MEDICAL 

REQUIREMENTS OF THE COMBATANT COMMANDS. 

(a) ORGANIZATIONAL FRAMEWORK REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall, acting 

through the Director of the Defense Health Agency, implement 

an organizational framework for the military healthcare system 

that most effectively implements chapter 55 of title 10, United 

States Code, in a manner that maximizes interoperability and 

fully integrates medical capabilities of the Armed Forces in 

order to enhance joint military medical operations in support 

of requirements of the combatant commands. 

(2) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The 

organizational framework, as implemented, shall comply with 

all requirements of section 1073c of title 10, United States 

Code, except for the implementation date specified in subsection 

(a) of such section. 

(b) DEFENSE HEALTH REGIONS IN CONUS.—The organizational 

framework required by subsection (a) shall meet the requirements 

as follows: 

(1) DEFENSE HEALTH REGIONS.—There shall be not more 

than two defense health regions in the continental United 

States. 

(2) LEADERS.—Each region under paragraph (1) shall be 

led by a commander or director who is a member of the Armed 

Forces serving in a grade not higher than major general or 

rear admiral, and who— 

(A) shall be selected by the Director of the Defense 

Health Agency from among members of the Armed Forces 

recommended by the Secretaries of the military departments for service in such position; and 

(B) shall be under the authority, direction, and control 

of the Director while serving in such position. 

(c) DEFENSE HEALTH REGIONS OCONUS.—The organizational 

framework required by subsection (a) shall provide for the establishment of not more than two defense health regions outside the 

continental United States in order— 

(1) to enhance joint military medical operations in support 

of the requirements of the combatant commands in such region 

or regions, with a specific focus on current and future contingency and operational plans; 

(2) to ensure the provision of high-quality healthcare services to beneficiaries; and 

(3) to improve the interoperability of healthcare delivery 

systems in the defense health regions (whether under this 

subsection, subsection (b), or both). 

(d) PLANNING AND COORDINATION.— 

(1) SUSTAINMENT OF CLINICAL COMPETENCIES AND

STAFFING.—The Director of the Defense Health Agency shall— 

(A) provide in each defense health region under this 

section healthcare delivery venues for uniformed medical 

and dental personnel to obtain operational clinical competencies; and 

(B) coordinate with the military departments to ensure 

that staffing at military medical treatment facilities in 

each region supports readiness requirements for members 

of the Armed Forces and military medical personnel. 

10 USC 1073c 

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(2) OVERSIGHT AND ALLOCATION OF RESOURCES.— 

(A) IN GENERAL.—The Director shall, consistent with 

section 193 of title 10, United States Code, coordinate 

with the Chairman of the Joint Chiefs of Staff, through 

the Joint Staff Surgeon, to conduct oversight and direct 

resources to support requirements related to readiness and 

operational medicine support that are validated by the 

Joint Staff. 

(B) SUPPLY AND DEMAND FOR MEDICAL SERVICES.— 

Based on operational medical force readiness requirements 

of the combatant commands validated by the Joint Staff, 

the Director shall— 

(i) validate supply and demand requirements for 

medical and dental services at each military medical 

treatment facility; 

(ii) in coordination with the Surgeons General of 

the Armed Forces, provide currency workload for uniformed medical and dental personnel at each such 

facility to maintain skills proficiency; and 

(iii) if workload is insufficient to meet requirements, identify alternative training and clinical practice sites for uniformed medical and dental personnel, 

and establish military-civilian training partnerships, 

to provide such workload. 

(e) ADDITIONAL DUTIES OF SURGEONS GENERAL OF THE ARMED

FORCES.— 

(1) IN GENERAL.—The Surgeons General of the Armed 

Forces shall have the duties as follows: 

(A) To assign uniformed medical and dental personnel 

of the military department concerned to military medical 

treatment facilities for training activities specific to such 

military department and for operational and training missions, during which assignment such personnel shall be 

under the operational control of the commander or director 

of the military medical treatment facility concerned, subject 

to the authority, direction, and control of the Director of 

the Defense Health Agency. 

(B) To ensure the readiness for operational deployment 

of medical and dental personnel and deployable medical 

or dental teams or units of the Armed Force or Armed 

Forces concerned. 

(C) To provide logistical support for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed 

Forces concerned. 

(D) To oversee mobilization and demobilization in 

connection with the operational deployment of medical and 

dental personnel of the Armed Force or Armed Forces 

concerned. 

(E) To carry out operational medical and dental force 

development for the military department concerned. 

(F) In coordination with the Secretary concerned, to 

ensure that the operational medical force readiness 

organizations of the Armed Forces support the medical 

and dental readiness responsibilities of the Director. 


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(G) To develop operational medical capabilities 

required to support the warfighter, and to develop policy 

relating to such capabilities. 

(H) To provide health professionals to serve in leadership positions across the military healthcare system. 

(2) MEDICAL FORCE REQUIREMENTS OF THE COMBATANT COM- MANDS.—The Surgeon General of each Armed Force shall, on 

behalf of the Secretary concerned, ensure that the uniformed 

medical and dental personnel serving in such Armed Force 

receive training and clinical practice opportunities necessary 

to ensure that such personnel are capable of meeting the operational medical force requirements of the combatant commands 

applicable to such personnel. Such training and practice 

opportunities shall be provided through programs and activities 

of the Defense Health Agency and by such other mechanisms 

as the Secretary of Defense shall designate for purposes of 

this paragraph. 

(3) CONSTRUCTION OF DUTIES.—The duties of a Surgeon 

General of the Armed Forces under this subsection are in 

addition to the duties of such Surgeon General under section 

3036, 5137, or 8036 of title 10, United States Code, as 

applicable. 

(f) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report that sets forth the following: 

(1) A description of the organizational structure of the 

office of each Surgeon General of the Armed Forces, and of 

any subordinate organizations of the Armed Forces that will 

support the functions and responsibilities of a Surgeon General 

of the Armed Forces. 

(2) The manning documents for staffing in support of the 

organizational structures described pursuant to paragraph (1), 

including manning levels before and after such organizational 

structures are implemented. 

(3) Such recommendations for legislative or administrative 

action as the Secretary considers appropriate in connection 

with the implementation of such organizational structures and, 

in particular, to avoid duplication of functions and tasks 

between the organizations in such organizational structures 

and the Defense Health Agency. 

SEC. 713. ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH 

THE FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM. 

(a) ELIGIBILITY OF ADDITIONAL BENEFICIARIES UNDER FEDERAL

EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM.—Section 

8951(8) of title 5, United States Code, is amended by striking 

‘‘1076c’’ and inserting ‘‘1076a or 1076c’’. 

(b) ADMINISTRATION OF TRICARE DENTAL PLANS.—Subsection 

(b) of section 1076a of title 10, United States Code, is amended 

to read as follows: 

‘‘(b) ADMINISTRATION OF PLANS.—The plans established under 

this section shall be administered by the Secretary of Defense 

through an agreement with the Director of the Office of Personnel 

Management to allow persons described in subsection (a) to enroll 

in an insurance plan under chapter 89A of title 5, in accordance 


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with terms prescribed by the Secretary, including terms, to the 

extent practical, as defined by the Director through regulation, 

consistent with subsection (d) and, to the extent practicable in 

relation to such chapter 89A, other provisions of this section.’’. 

(c) APPLICABILITY.—The amendments made by this section shall 

apply with respect to the first contract year for chapter 89A of 

title 5, United States Code, that begins on or after January 1, 

2022. 

(d) TRANSITION.—To ensure a successful transition pursuant 

to the amendments made by this section in the administration 

of the TRICARE dental plans under section 1076a of title 10, 

United States Code, the Secretary of Defense shall ensure that 

the contractor for such plans provides claims information under 

such plans to carriers providing dental coverage under chapter 

89A of title 5, United States Code, after the transition. 

(e) REPORT.— 

(1) IN GENERAL.—Not later than January 1, 2020, the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report on the transition in the administration of the TRICARE 

dental insurance plan for retirees from administration by the 

Department of Defense as the TRICARE Retiree Dental Plan 

to administration by the Office of Personnel Management as 

part of the Federal Employees Dental and Vision Insurance 

Program. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of lessons learned from the transition 

of the administration of the TRICARE dental insurance 

plan for retirees from administration by the Department 

as the TRICARE Retiree Dental Plan to administration 

by the Office of Personnel Management as part of the 

Federal Employees Dental and Vision Insurance Program. 

(B) An assessment of the effectiveness of the transition. 

(C) A timeline for the implementation plan for the 

transition of the administration of the TRICARE dental 

plans under section 1076a of title 10, United States Code, 

to administration as part of the Federal Employees Dental 

and Vision Insurance Program pursuant to the amendments made by this section. 

SEC. 714. STREAMLINING OF TRICARE PRIME BENEFICIARY REFERRAL 

PROCESS. 

(a) IN GENERAL.—The Secretary of Defense shall streamline 

the process under section 1095f of title 10, United States Code, 

by which beneficiaries enrolled in TRICARE Prime are referred 

to the civilian provider network for inpatient or outpatient care 

under the TRICARE program. 

(b) OBJECTIVES.—In carrying out the requirement in subsection 

(a), the Secretary shall meet the following objectives: 

(1) The referral process shall model best industry practices 

for referrals from primary care managers to specialty care 

providers. 

(2) The process shall limit administrative requirements 

for enrolled beneficiaries. 

10 USC 1095f 

note. 

10 USC 1076a 

note. 

5 USC 8951 note. 


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(3) Beneficiary preferences for communications relating to 

appointment referrals using state-of-the-art information technology shall be used to expedite the process. 

(4) There shall be effective and efficient processes to determine the availability of appointments at military medical treatment facilities and, when unavailable, to make prompt referrals 

to network providers under the TRICARE program. 

(c) DEADLINE FOR IMPLEMENTATION.—The requirement in subsection (a) shall be implemented for referrals under TRICARE Prime 

in calendar year 2019. 

(d) EVALUATION AND IMPROVEMENT.—After 2019, the Secretary 

shall— 

(1) evaluate the referral process described in subsection 

(a) not less often than annually; and 

(2) make appropriate improvements to the process in light 

of such evaluations. 

(e) DEFINITIONS.—In this section, the terms ‘‘TRICARE program’’ and ‘‘TRICARE Prime’’ have the meaning given such terms 

in section 1072 of title 10, United States Code. 

SEC. 715. SHARING OF INFORMATION WITH STATE PRESCRIPTION 

DRUG MONITORING PROGRAMS. 

(a) IN GENERAL.—Section 1074g of title 10, United States Code, 

is amended— 

(1) by redesignating subsections (g) and (h) as subsections 

(h) and (i), respectively; and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) SHARING OF INFORMATION WITH STATE PRESCRIPTION DRUG

MONITORING PROGRAMS.—(1) The Secretary of Defense shall establish and maintain a program (to be known as the ‘Military Health 

System Prescription Drug Monitoring Program’) in accordance with 

this subsection. The program shall include a special emphasis on 

drugs provided through facilities of the uniformed services. 

‘‘(2) The program shall be— 

‘‘(A) comparable to prescription drug monitoring programs 

operated by States, including such programs approved by the 

Secretary of Health and Human Services under section 399O 

of the Public Health Service Act (42 U.S.C. 280g–3); and 

‘‘(B) applicable to designated controlled substance prescriptions under the pharmacy benefits program. 

‘‘(3)(A) The Secretary shall establish appropriate procedures 

for the bi-directional sharing of patient-specific information 

regarding prescriptions for designated controlled substances 

between the program and State prescription drug monitoring programs. 

‘‘(B) The purpose of sharing of information under this paragraph 

shall be to prevent misuse and diversion of opioid medications 

and other designated controlled substances. 

‘‘(C) Any disclosure of patient-specific information by the Secretary under this paragraph is an authorized disclosure for purposes 

of the health information privacy regulations promulgated under 

the Health Insurance Portability and Accountability Act of 1996 

(Public Law 104–191). 


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‘‘(4)(A) Any procedures developed pursuant to paragraph (3)(A) 

shall include appropriate safeguards, as determined by the Secretary, concerning cyber security of Department of Defense systems 

and operational security of Department personnel. 

‘‘(B) To the extent the Secretary considers appropriate, the 

program may be treated as comparable to a State program for 

purposes of bi-directional sharing of controlled substance prescription information. 

‘‘(5) For purposes of this subsection, any reference to a program 

operated by a State includes any program operated by a county, 

municipality, or other subdivision within that State.’’. 

(b) CONFORMING AMENDMENT.—Section 1079(q) of such title 

is amended by striking ‘‘section 1074g(g)’’ and inserting ‘‘section 

1074g(h)’’. 

SEC. 716. PILOT PROGRAM ON OPIOID MANAGEMENT IN THE MILITARY 

HEALTH SYSTEM. 

(a) PILOT PROGRAM.— 

(1) IN GENERAL.—Beginning not later than 180 days after 

the date of the enactment of this Act, the Director of the 

Defense Health Agency shall implement a comprehensive pilot 

program to assess the feasability and advisability of mechanisms to minimize early exposure of beneficiaries under the 

TRICARE program to opioids and to prevent the progression 

of beneficiaries to misuse or abuse of opioid medications. 

(2) OPIOID SAFETY ACROSS CONTINUUM OF CARE.—The pilot 

program shall include elements to maximize opioid safety across 

the entire continuum of care consisting of patient, physician 

or dentist, and pharmacist. 

(b) ELEMENTS OF PILOT PROGRAM.—The pilot program shall 

include the following: 

(1) Identification of potential misuse or abuse of opioid 

medications in pharmacies of military treatment facilities, retail 

network pharmacies, and the home delivery pharmacy, and 

the transmission of alerts regarding such potential misuse or 

abuse of opioids to prescribing physicians and dentists. 

(2) Direct engagement with, education for, and management of beneficiaries under the TRICARE program to help 

such beneficiaries avoid misuse or abuse of opioid medications. 

(3) Proactive outreach by specialist pharmacists to beneficiaries under the TRICARE program when identifying potential misuse or abuse of opioid medications. 

(4) Monitoring of beneficiaries under the TRICARE program through the use of predictive analytics to identify the 

potential for opioid abuse and addiction before beneficiaries 

begin an opioid prescription. 

(5) Detection of fraud, waste, and abuse in connection with 

opioids. 

(c) DURATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Director shall carry out the pilot program for a period of not 

more than three years. 

(2) EXPANSION.—The Director may carry out the pilot program on a permanent basis if the Director determines that 

the mechanisms under the pilot program successfully reduce 

10 USC 1090 

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early opioid exposure in beneficiaries under the TRICARE program and prevent the progression of beneficiaries to misuse 

or abuse of opioid medications. 

(d) REPORT.— (1) IN GENERAL.—Not later than 180 days before completion 

of the pilot program, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the pilot program. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the pilot program, including outcome measures developed to determine the overall effectiveness of the mechanisms under the pilot program. 

(B) A description of the ability of the mechanisms 

under the pilot program to identify misuse and abuse of 

opioid medications among beneficiaries under the 

TRICARE program in each pharmacy venue of the pharmacy program of the military health system. 

(C) A description of the impact of the use of predictive 

analytics to monitor beneficiaries under the TRICARE program in order to identify the potential for opioid abuse 

and addiction before beneficiaries begin an opioid prescription. 

(D) A description of any reduction in the misuse or 

abuse of opioid medications among beneficiaries under the 

TRICARE program as a result of the pilot program. 

(e) TRICARE PROGRAM DEFINED.—In this section, the term 

‘‘TRICARE program’’ has the meaning given that term in section 

1072 of title 10, United States Code. 

SEC. 717. WOUNDED WARRIOR POLICY REVIEW. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall review 

and update policies and procedures relating to the care and management of recovering service members. In conducting such review, 

the Secretary shall consider best practices— 

(1) in the care of recovering service members; 

(2) in the administrative management relating to such 

care; 

(3) to carry out applicable provisions of Federal law; and 

(4) recommended by the Comptroller General of the United 

States in the report titled ‘‘Army Needs to Improve Oversight 

of Warrior Transition Units’’. 

(b) SCOPE OF POLICY.—In carrying out subsection (a), the Secretary shall update policies of the Department of Defense with 

respect to each of the following: 

(1) The case management coordination of members of the 

Armed Forces between the military departments and the military medical treatment facilities administered by the Director 

of the Defense Health Agency pursuant to section 1073c of 

title 10, United States Code, including with respect to the 

coordination of— 

(A) appointments; 

(B) rehabilitative services; 

(C) recuperation in an outpatient status; 

(D) contract care provided by a private health care 

provider outside of a military medical treatment facility; 

10 USC 1071 

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(E) the disability evaluation system; and 

(F) other administrative functions relating to the military department. 

(2) The transition of a member of the Armed Forces who 

is retired under chapter 61 of title 10, United States Code, 

from receiving treatment furnished by the Secretary of Defense 

to treatment furnished by the Secretary of Veterans Affairs. 

(3) Facility standards related to lodging and accommodations for recovering service members and the family members 

and non-medical attendants of recovering service members. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense and Secretaries 

of the military departments shall jointly submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report on the review conducted under subsection (a), including 

a description of the policies updated pursuant to subsection (b). 

(d) DEFINITIONS.—In this section, the terms ‘‘disability evaluation system’’, ‘‘outpatient status’’, and ‘‘recovering service members’’ 

have the meaning given those terms in section 1602 of the Wounded 

Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 

note). 

SEC. 718. MEDICAL SIMULATION TECHNOLOGY AND LIVE TISSUE 

TRAINING WITHIN THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.— 

(1) USE OF SIMULATION TECHNOLOGY.—Except as provided 

by paragraph (2), the Secretary of Defense shall use medical 

simulation technology, to the maximum extent practicable, 

before the use of live tissue training to train medical professionals and combat medics of the Department of Defense. 

(2) DETERMINATION.—The use of live tissue training within 

the Department of Defense may be used as determined necessary by the medical chain of command. 

(b) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense, in consultation 

with the Chairman of the Joint Chiefs of Staff and the Secretaries 

of the military departments, shall provide a briefing to the Committees on Armed Services of the House of Representatives and the 

Senate on the use and benefit of medical simulation technology 

and live tissue training within the Department of Defense to train 

medical professionals, combat medics, and members of the Special 

Operations Forces. 

(c) ELEMENTS.—The briefing under subsection (b) shall include 

the following: 

(1) A discussion of the benefits and needs of both medical 

simulation technology and live tissue training. 

(2) Ways and means to enhance and advance the use of 

simulation technologies in training. 

(3) An assessment of current medical simulation technology 

requirements, gaps, and limitations. 

(4) An overview of Department of Defense medical training 

programs, as of the date of the briefing, that use live tissue 

training and medical simulation technologies. 

(5) Any other matters the Secretary determines appropriate. 

10 USC 1071 

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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1817 

SEC. 719. IMPROVEMENTS TO TRAUMA CENTER PARTNERSHIPS. 

Section 708(c) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is 

amended— 

(1) in paragraph (1), by striking ‘‘large metropolitan 

teaching hospitals that have level I civilian’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘with civilian academic medical centers 

and large metropolitan teaching hospitals’’; and 

(B) by striking ‘‘the trauma centers of the medical 

centers and hospitals’’ and inserting ‘‘trauma centers’’; and 

(3) in paragraph (3), by striking ‘‘large metropolitan 

teaching hospitals’’ and inserting ‘‘trauma centers’’. 

SEC. 720. IMPROVEMENT TO NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT-WOUNDED MEMBERS OF THE 

ARMED FORCES. 

Section 1074l(a) of title 10, United States Code, is amended 

by striking ‘‘admitted to a military treatment facility within the 

United States’’ and inserting ‘‘admitted to any military medical 

treatment facility’’. 

Subtitle C—Reports and Other Matters 

SEC. 731. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF 

DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 

FACILITY DEMONSTRATION FUND. 

Section 1704(e) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most 

recently amended by section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440), 

is further amended by striking ‘‘September 30, 2019’’ and inserting 

‘‘September 30, 2020’’. 

SEC. 732. JOINT FORCES MEDICAL CAPABILITIES DEVELOPMENT AND 

STANDARDIZATION. 

(a) PROCESS REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall, 

in coordination with the Secretaries of the military departments 

and the Chairman of the Joint Chiefs of Staff, develop a process 

to establish required joint force medical capabilities for members 

of the Armed Forces that meet the operational planning requirements of the combatant commands. 

(b) PROCESS ELEMENTS.—The process developed under subsection (a) shall include the following: 

(1) A joint medical estimate to determine the medical 

requirements for treating members of the Armed Forces who 

are wounded, ill, or injured during military operations, 

including with respect to environmental health and force health 

protection. 

(2) A process to review and revise military health related 

mission essential tasks in order to ensure that such tasks 

are aligned with health professional knowledge, skills, and 

abilities. 

(3) A process to standardize the interoperability of medical 

equipment and capabilities to support the joint force. 


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(c) REPORT.—Not later than June 1, 2019, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report describing 

the process developed under subsection (a). 

SEC. 733. INCLUSION OF GAMBLING DISORDER IN HEALTH ASSESSMENTS OF MEMBERS OF THE ARMED FORCES AND 

RELATED RESEARCH EFFORTS. 

(a) INCLUSION IN NEXT ANNUAL PERIODIC HEALTH ASSESS- MENTS.—The Secretary of Defense shall incorporate medical 

screening questions specific to gambling disorder into the Annual 

Periodic Health Assessments of members of the Armed Forces conducted by the Department of Defense during the one-year period 

beginning 180 days after the date of the enactment of this Act. 

(b) INCLUSION IN CERTAIN SURVEYS.—The Secretary shall incorporate into ongoing research efforts of the Department questions 

on gambling disorder, as appropriate, including by restoring such 

questions to the following: 

(1) The first Health Related Behaviors Survey of Active 

Duty Military Personnel conducted after the date of the enactment of this Act. 

(2) The first Health Related Behaviors Survey of Reserve 

Component Personnel conducted after that date. 

(c) REPORTS.—Not later than one year after the date of the 

completion of the assessment referred to in subsection (a), and 

of each survey referred to in subsection (b), as modified pursuant 

to this section, the Secretary shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a report on the findings of the assessment or survey in connection 

with the prevalence of gambling disorder among members of the 

Armed Forces. 

SEC. 734. REPORT ON REQUIREMENT FOR CERTAIN FORMER MEMBERS 

OF THE ARMED FORCES TO ENROLL IN MEDICARE PART 

B TO BE ELIGIBLE FOR TRICARE FOR LIFE. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense, the Secretary 

of Health and Human Services, and the Commissioner of Social 

Security shall jointly submit to the Committees on Armed Services 

of the House of Representatives and the Senate, the Committee 

on Ways and Means of the House of Representatives, and the 

Committee on Finance of the Senate a report on the findings of 

a study, conducted by the Secretaries for purposes of the report, 

on the requirement that a covered individual enroll in the supplementary medical insurance program under part B of title XVIII 

of the Social Security Act (42 U.S.C. 1395j et seq.) in order to 

be eligible for TRICARE for Life. 

(b) MATTERS INCLUDED.—The study under subsection (a) shall 

include the following: 

(1) An analysis of whether the requirement described in 

such subsection affects covered individuals from returning to 

work. 

(2) The number of individuals who— 

(A) are retired from the Armed Forces under chapter 

61 of title 10, United States Code; 

(B) are entitled to hospital insurance benefits under 

part A of title XVIII of the Social Security Act pursuant 

10 USC 1071 

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to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 

426(b)(2)); and 

(C) because of such entitlement, are no longer enrolled 

in TRICARE Standard, TRICARE Prime, TRICARE Extra, 

or TRICARE Select. 

(3) The number of covered individuals who would potentially enroll in TRICARE for Life but not enroll in the supplementary medical insurance program under part B of title XVIII 

of the Social Security Act (42 U.S.C. 1395j et seq.) if able. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘covered individual’’ means an individual— 

(A) who is under 65 years of age; 

(B) who is entitled to hospital insurance benefits under 

part A of title XVIII of the Social Security Act pursuant 

to subparagraph (A) or (C) of section 226(b)(2) of such 

Act (42 U.S.C. 426(b)(2)); 

(C) whose entitlement to a benefit described in 

subparagraph (A) of such section has terminated due to 

performance of substantial gainful activity; and 

(D) who is retired under chapter 61 of title 10, United 

States Code. 

(2) The terms ‘‘TRICARE for Life’’, ‘‘TRICARE Extra’’, 

‘‘TRICARE Standard’’, ‘‘TRICARE Select’’, and ‘‘TRICARE 

Prime’’ have the meanings given those terms in section 1072 

of title 10, United States Code. 

SEC. 735. PILOT PROGRAM ON EARNING BY SPECIAL OPERATIONS 

FORCES MEDICS OF CREDIT TOWARD A PHYSICIAN ASSISTANT DEGREE. 

(a) IN GENERAL.—The Assistant Secretary of Defense for Health 

Affairs may conduct a pilot program to assess the feasibility and 

advisability of partnerships between special operations forces and 

institutions of higher education, and health care systems if determined appropriate by the Assistant Secretary for purposes of the 

pilot program, through which special operations forces medics earn 

credit toward the master’s degree of physician assistant for military 

operational work and training performed by the medics. 

(b) DURATION.—The Assistant Secretary shall conduct the pilot 

program for a period not to exceed five years. 

(c) CLINICAL TRAINING.—Partnerships under subsection (a) shall 

permit medics participating in the pilot program to conduct clinical 

training at medical facilities of the Department of Defense and 

the civilian sector. 

(d) EVALUATION.—The evaluation of work and training performed by medics for which credits are earned under the pilot 

program shall comply with civilian clinical evaluation standards 

applicable to the awarding of the master’s degree of physician 

assistant. 

(e) REPORTS.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the pilot program 

that shall include the following: 

(A) A comprehensive framework for the military education to be provided to special operations forces medics 

10 USC 2015 

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132 STAT. 1820 PUBLIC LAW 115–232—AUG. 13, 2018 

under the pilot program, including courses of instruction 

at institutions of higher education and any health care 

systems participating in the pilot program. 

(B) Metrics to be used to assess the effectiveness of 

the pilot program. 

(C) A description of the mechanisms to be used by 

the Department, medics, or both to cover the costs of education received by medics under the pilot program through 

institutions of higher education or health care systems, 

including payment by the Department in return for a military service commitment, tuition or other educational 

assistance by the Department, use by medics of post-9/ 

11 educational assistance available through the Department of Veterans Affairs, and any other mechanisms the 

Secretary considers appropriate for purposes of the pilot 

program. 

(2) FINAL REPORT.—Not later than 180 days after completion of the pilot program, the Secretary shall submit to the 

committees of Congress referred to in paragraph (1) a final 

report on the pilot program. The report shall include the following: 

(A) An evaluation of the pilot program using the 

metrics of assessment set forth pursuant to paragraph 

(1)(B). 

(B) An assessment of the utility of the funding mechanisms set forth pursuant to paragraph (1)(C). 

(C) An assessment of the effects of the pilot program 

on recruitment and retention of medics for special operations forces. 

(D) An assessment of the feasibility and advisability 

of extending one or more authorities for joint professional 

military education under chapter 107 of title 10, United 

States Code, to warrant officers or enlisted personnel, and 

if the Secretary considers the extension of any such authorities feasible and advisable, recommendations for legislative 

or administrative action to so extend such authorities. 

(f) CONSTRUCTION OF AUTHORITIES.—Nothing in this section 

may be construed to— 

(1) authorize an officer or employee of the Federal Government to create, endorse, or otherwise incentivize a particular 

curriculum or degree track; or 

(2) require, direct, review, or control a State or educational 

institution, or the instructional content, curriculum, and related 

activities of a State or educational institution. 

SEC. 736. STRATEGIC MEDICAL RESEARCH PLAN. 

(a) PLAN.—Not later than 30 days after the date on which 

the budget of the President for fiscal year 2020 is submitted to 

Congress pursuant to section 1105 of title 31, United States Code, 

the Secretary of Defense, in consultation with the Secretaries of 

the military departments, shall submit to the congressional defense 

committees a comprehensive strategic medical research plan. 

(b) MATTERS INCLUDED.—The plan under subsection (a) shall 

include the following: 

(1) A description of all medical research focus areas of 

the Department of Defense and a description of the coordination 


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process to ensure the focus areas are linked to military readiness, joint force requirements, and relevance to individuals 

eligible for care at military medical treatment facilities or 

through the TRICARE program. 

(2) A description of the medical research projects funded 

under the Defense Health Program account and the projects 

under the Congressional Directed Medical Research Program. 

(3) A description of the process to ensure synergy across 

the military medical research community in order to address 

gaps in military medical research, minimize duplication of 

research, and promote collaboration within research focus 

areas. 

(4) A description of the efforts of the Secretary to coordinate 

with other departments and agencies of the Federal Government to increase awareness of complementary medical research 

efforts that are being carried out through the Federal Government. 

SEC. 737. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW 

OF DEFENSE HEALTH AGENCY OVERSIGHT OF TRANSITION 

BETWEEN MANAGED CARE SUPPORT CONTRACTORS FOR 

THE TRICARE PROGRAM. 

(a) BRIEFING AND REPORT ON CURRENT TRANSITION.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall provide to the Committees on Armed Services 

of the Senate and the House of Representatives a briefing 

and a report on a review by the Comptroller General of the 

oversight conducted by the Defense Health Agency with respect 

to the current transition between managed care support contractors for the TRICARE program. The briefing shall be provided by not later than July 1, 2019. 

(2) ELEMENTS.—The briefing and report under paragraph 

(1) shall each include the following: 

(A) A description and assessment of the extent to which 

the Defense Health Agency provided guidance and oversight to the outgoing and incoming managed care support 

contractors for the TRICARE program during the transition 

described in paragraph (1) and before the start of health 

care delivery by the incoming contractor. 

(B) A description and assessment of any issues with 

health care delivery under the TRICARE program as a 

result of or in connection with the transition, and, with 

respect to such issues— 

(i) the effect, if any, of the guidance and oversight 

provided by the Defense Health Agency during the 

transition on such issues; and 

(ii) the solutions developed by the Defense Health 

Agency for remediating any deficiencies in managed 

care support for the TRICARE program in connection 

with such issues. 

(C) A description and assessment of the extent to which 

the Defense Health Agency has reviewed any lessons 

learned from past transitions between managed care support contractors for the TRICARE program, and incorporated such lessons into the transition. 

(D) A review of the Department of Defense briefing 

provided in accordance with the provisions of the Report 

10 USC 1073a 

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of the Committee on Armed Services of the House of Representatives to Accompany H.R. 5515 (115th Congress; 

House Report 115–676) on TRICARE Managed Care Support Contractor Reporting. 

(b) REPORT ON FUTURE TRANSITIONS.—Not later than 270 days 

after the completion of any future transition between managed 

care support contractors for the TRICARE program, the Comptroller 

General shall submit to the committees of Congress referred to 

in subsection (a)(1) a report on a review by the Comptroller General 

of the oversight conducted by the Defense Health Agency with 

respect to such transition. The report shall include each description 

and assessment specified in subparagraphs (A) through (C) of subsection (a)(2) with respect to such transition. 

(c) TRICARE PROGRAM DEFINED.—In this section, the term 

‘‘TRICARE program’’ has the meaning given that term in section 

1072 of title 10, United States Code. 

SEC. 738. COMPTROLLER GENERAL STUDY ON AVAILABILITY OF LONGTERM CARE OPTIONS FOR VETERANS FROM DEPARTMENT 

OF VETERANS AFFAIRS. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study on the availability of long-term care options 

from the Department of Veterans Affairs for veterans with combatrelated disabilities, including veterans who served in the Armed 

Forces after September 11, 2001. 

(b) ELEMENTS.—The study required by subsection (a) shall— 

(1) determine the potential demand for long-term care by 

veterans eligible for health care from the Department; 

(2) determine the capacity of the Department for providing 

all four levels of long-term care, which are independent living, 

assisted living, nursing home care, and memory care; 

(3) identify the number of veterans with combat-related 

disabilities who require a personal care assistant and which 

facilities of the Department provide this service; and 

(4) examine the value of long-term care benefits provided 

by the Department, including personal care assistant services, 

to identify the potential elements of a pilot program that affords 

aging veterans the choice of receiving long-term care benefits 

at nonprofit continuing care retirement communities. 

(c) REPORT.—Not later than January 1, 2020, the Comptroller 

General shall submit to the Committee on Armed Services and 

the Committee on Veterans’ Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans’ Affairs 

of the House of Representatives a report on the study conducted 

under this section. 

SEC. 739. INCREASE IN NUMBER OF APPOINTED MEMBERS OF THE 

HENRY M. JACKSON FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE. 

Section 178(c)(1)(C) of title 10, United States Code, is amended 

by striking ‘‘four members’’ and inserting ‘‘six members’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1823 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Sec. 800. Effective dates; coordination of amendments. 

Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations 

PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF

SUBTITLE A OF TITLE 10, UNITED STATES CODE

Sec. 801. Framework for new part V of subtitle A. 

PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO

PROVIDE ROOM FOR NEW PART V OF SUBTITLE A 

Sec. 806. Redesignation of sections and chapters of subtitle D of title 10, United 

States Code—Air Force. 

Sec. 807. Redesignation of sections and chapters of subtitle C of title 10, United 

States Code—Navy and Marine Corps. 

Sec. 808. Redesignation of sections and chapters of subtitle B of title 10, United 

States Code—Army. 

Sec. 809. Cross references to redesignated sections and chapters. 

PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW

Sec. 811. Amendment to and repeal of statutory requirements for certain positions 

or offices in the Department of Defense. 

Sec. 812. Repeal of certain defense acquisition laws. 

Sec. 813. Repeal of certain Department of Defense reporting requirements. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 816. Modification of limitations on single source task or delivery order contracts. 

Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract 

authority. 

Sec. 818. Revision of requirement to submit information on services contracts to 

Congress. 

Sec. 819. Data collection and inventory for services contracts. 

Sec. 820. Report on clarification of services contracting definitions. 

Sec. 821. Increase in micro-purchase threshold applicable to Department of Defense. 

Sec. 822. Department of Defense contracting dispute matters. 

Sec. 823. Inclusion of best available information regarding past performance of subcontractors and joint venture partners. 

Sec. 824. Subcontracting price and approved purchasing systems. 

Sec. 825. Modification of criteria for waivers of requirement for certified cost and 

price data. 

Subtitle C—Provisions Relating to Major Defense Acquisition Programs 

Sec. 831. Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs. 

Sec. 832. Implementation of recommendations of the Independent Study on Consideration of Sustainment in Weapons Systems Life Cycle. 

Sec. 833. Comptroller General assessment of acquisition programs and related initiatives. 

Subtitle D—Provisions Relating to Commercial Items 

Sec. 836. Revision of definition of commercial item for purposes of Federal acquisition statutes. 

Sec. 837. Limitation on applicability to Department of Defense commercial contracts of certain provisions of law. 

Sec. 838. Modifications to procurement through commercial e-commerce portals. 

Sec. 839. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items. 

Subtitle E—Industrial Base Matters 

Sec. 841. Report on limited sourcing of specific components for Naval vessels. 


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132 STAT. 1824 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 842. Removal of national interest determination requirements for certain entities. 

Sec. 843. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. Sec. 844. Limitation on certain procurements application process. 

Sec. 845. Report on defense electronics industrial base. 

Sec. 846. Support for defense manufacturing communities to support the defense 

industrial base. 

Sec. 847. Limitation on procurement of certain items for T–AO–205 program. 

Subtitle F—Small Business Matters 

Sec. 851. Department of Defense small business strategy. 

Sec. 852. Prompt payments of small business contractors. 

Sec. 853. Increased participation in the Small Business Administration microloan 

program. Sec. 854. Amendments to Small Business Innovation Research Program and Small 

Business Technology Transfer Program. Sec. 855. Construction contract administration. 

Sec. 856. Comptroller General study of impact of broadband speed and price on 

small businesses. 

Sec. 857. Consolidated budget display for the Department of Defense Small Business Innovation Research Program and Small Business Technology 

Transfer Program. Sec. 858. Funding for procurement technical assistance program. 

Sec. 859. Authorization for payment of certain costs relating to procurement technical assistance centers. 

Sec. 860. Commercialization Assistance Pilot Program. 

Sec. 861. Puerto Rico businesses. 

Sec. 862. Opportunities for employee-owned business concerns through Small Business Administration loan programs. 

Subtitle G—Provisions Related to Software and Technical Data Matters 

Sec. 865. Validation of proprietary and technical data. 

Sec. 866. Continuation of technical data rights during challenges. 

Sec. 867. Requirement for negotiation of technical data price before sustainment of 

major weapon systems. 

Sec. 868. Implementation of recommendations of the final report of the Defense 

Science Board Task Force on the Design and Acquisition of Software for 

Defense Systems. 

Sec. 869. Implementation of pilot program to use agile or iterative development 

methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018. 

Sec. 870. Report on requiring access to digital technical data in future acquisitions 

of combat, combat service, and combat support systems. 

Subtitle H—Other Matters 

Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign 

nations. 

Sec. 872. Extension of prohibition on providing funds to the enemy. 

Sec. 873. Data, policy, and reporting on the use of other transactions. 

Sec. 874. Standardization of formatting and public accessibility of Department of 

Defense reports to Congress. 

Sec. 875. Promotion of the use of Government-wide and other interagency contracts. 

Sec. 876. Increasing competition at the task order level. 

Sec. 877. Individual acquisition for commercial leasing services. 

Sec. 878. Procurement administrative lead time definition and plan. 

Sec. 879. Briefing on funding of product support strategies. 

Sec. 880. Use of lowest price technically acceptable source selection process. 

Sec. 881. Permanent Supply Chain Risk Management Authority. 

Sec. 882. Review of market research. 

Sec. 883. Establishment of integrated review team on defense acquisition industrygovernment exchange. 

Sec. 884. Exchange program for acquisition workforce employees. 

Sec. 885. Process to limit foreign access to technology. 

Sec. 886. Procurement of telecommunications supplies for experimental purposes. 

Sec. 887. Access by developmental and operational testing activities to data regarding modeling and simulation activity. 

Sec. 888. Instruction on pilot program regarding employment of persons with disabilities. 

Sec. 889. Prohibition on certain telecommunications and video surveillance services 

or equipment. 

Sec. 890. Pilot program to accelerate contracting and pricing processes. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1825 

SEC. 800. EFFECTIVE DATES; COORDINATION OF AMENDMENTS. 

(a) EFFECTIVE DATES.— 

(1) PARTS I AND II.—Parts I and II of this subtitle, and 

the redesignations and amendments made by such parts, shall 

take effect on February 1, 2019. 

(2) PART III.—Part III of this subtitle shall take effect 

on the date of the enactment of this Act. 

(b) COORDINATION OF AMENDMENTS.—The redesignations and 

amendments made by part II of this subtitle shall be executed 

before the amendments made by part I of this subtitle. 

(c) RULE FOR CERTAIN REDESIGNATIONS.—In the case of a 

redesignation specified in part II of this subtitle (1) that is to 

be made to a section of subtitle B, C, or D of title 10, United 

States Code, for which the current section designation consists 

of a four-digit number and a letter, and (2) that is directed to 

be made by the addition of a specified number to the current 

section designation, the new section designation shall consist of 

a new four-digit number and the same letter, with the new fourdigit number being the number that is the sum of the specified 

number and the four-digit number in the current section designation. 

Subtitle A—Streamlining of Defense 

Acquisition Statutes and Regulations 

PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF SUBTITLE A OF TITLE 10, UNITED STATES CODE 

SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A. 

(a) IN GENERAL.—Subtitle A of title 10, United States Code, 

is amended by adding at the end the following new part: 

‘‘PART V—ACQUISITION ‘‘Chap. Sec. 

‘‘subpart a—general

‘‘201. Definitions .................................................................................................... 3001 

‘‘203. General Matters ........................................................................................... 3021 

‘‘205. Defense Acquisition System ........................................................................ 3051 

‘‘207. Budgeting and Appropriations Matters ..................................................... 3101 

‘‘209. Operational Contract Support .................................................................... 3151 

‘‘subpart b—acquisition planning

‘‘221. Planning and Solicitation Generally .......................................................... 3201 

‘‘223. Planning and Solicitation Relating to Particular Items or Services ........ 3251 

‘‘subpart c—contracting methods and contract types

‘‘241. Awarding of Contracts ................................................................................. 3301 

‘‘243. Specific Types of Contracts ......................................................................... 3351 

‘‘245. Task and Delivery Order Contracts (Multiple Award Contracts) ............ 3401 

‘‘247. Acquisition of Commercial Items ................................................................ 3451 

‘‘249. Multiyear Contracts ..................................................................................... 3501 

‘‘251. Simplified Acquisition Procedures .............................................................. 3551 

‘‘253. Emergency and Rapid Acquisitions ............................................................ 3601 

‘‘255. Contracting With or Through Other Agencies .......................................... 3651 

10 USC 3001 

prec. 

10 USC 3001 

note prec. 


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132 STAT. 1826 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘subpart d—general contracting requirements

‘‘271. Truthful Cost or Pricing Data ..................................................................... 3701 

‘‘273. Allowable Costs ............................................................................................ 3741 

‘‘275. Proprietary Contractor Data and Technical Data ..................................... 3771 

‘‘277. Contract Financing ...................................................................................... 3801 

‘‘279. Contractor Audits and Accounting ............................................................. 3841 

‘‘281. Claims and Disputes .................................................................................... 3861 

‘‘283. Foreign Acquisitions .................................................................................... 3881 

‘‘285. Small Business Programs ........................................................................... 3901 

‘‘287. Socioeconomic Programs .............................................................................. 3961 

‘‘subpart e—special categories of contracting: major defense acquisition programs and major systems

‘‘301. Major Defense Acquisition Programs ......................................................... 4001 

‘‘303. Weapon Systems Development and Related Matters ............................... 4071 

‘‘305. Other Matters Relating to Major Systems ................................................. 4121 

‘‘subpart f—special categories of contracting: research, development, test, and evaluation

‘‘321. Research and Development Generally ....................................................... 4201 

‘‘323. Innovation ..................................................................................................... 4301 

‘‘325. Department of Defense Laboratories ......................................................... 4351 

‘‘327. Research and Development Centers and Facilities ................................... 4401 

‘‘329. Operational Test and Evaluation; Developmental Test and Evaluation 4451 

‘‘subpart g—other special categories of contracting

‘‘341. Contracting for Performance of Civilian Commercial or Industrial Type 

Functions .................................................................................................. 4501 

‘‘343. Acquisition of Services ................................................................................. 4541 

‘‘345. Acquisition of Information Technology ...................................................... 4571 

‘‘subpart h—contract management

‘‘361. Contract Administration ............................................................................. 4601 

‘‘363. Prohibitions and Penalties .......................................................................... 4651 

‘‘365. Contractor Workforce .................................................................................. 4701 

‘‘367. Other Administrative and Miscellaneous Provisions ................................ 4751 

‘‘subpart i—defense industrial base

‘‘381. Defense Industrial Base Generally ............................................................. 4801 

‘‘383. Loan Guarantee Programs .......................................................................... 4861 

‘‘385. Procurement Technical Assistance Cooperative Agreement Program ..... 4881 

‘‘Subpart A—General 

‘‘CHAPTER 201—DEFINITIONS 

‘‘§ 3001. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 203—GENERAL MATTERS 

‘‘§ 3021. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 205—DEFENSE ACQUISITION SYSTEM 

‘‘§ 3051. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS 

MATTERS 

‘‘§ 3101. øReserved¿ 

øReserved¿ 

10 USC 3101 

prec. 

10 USC 3051 

prec. 

10 USC 3021 

prec. 

10 USC 3001 

prec. 

10 USC 3001 

prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1827 

‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT 

‘‘§ 3151. øReserved¿ 

øReserved¿ 

‘‘Subpart B—Acquisition Planning 

‘‘CHAPTER 221—PLANNING AND SOLICITATION 

GENERALLY 

‘‘§ 3201. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 223—PLANNING AND SOLICITATION 

RELATING TO PARTICULAR ITEMS OR SERVICES 

‘‘§ 3251. øReserved¿ 

øReserved¿ 

‘‘Subpart C—Contracting Methods and Contract 

Types 

‘‘CHAPTER 241—AWARDING OF CONTRACTS 

‘‘§ 3301. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 243—SPECIFIC TYPES OF CONTRACTS 

‘‘§ 3351. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 245—TASK AND DELIVERY ORDER 

CONTRACTS (MULTIPLE AWARD CONTRACTS) 

‘‘§ 3401. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 247—ACQUISITION OF COMMERCIAL ITEMS 

‘‘§ 3451. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 249—MULTIYEAR CONTRACTS 

‘‘§ 3501. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 251—SIMPLIFIED ACQUISITION 

PROCEDURES 

‘‘§ 3551. øReserved¿ 

øReserved¿ 

10 USC 3551 

prec. 

10 USC 3501 

prec. 

10 USC 3451 

prec. 

10 USC 3401 

prec. 

10 USC 3351 

prec. 

10 USC 3301 

prec. 

10 USC 3301 

prec. 

10 USC 3251 

prec. 

10 USC 3201 

prec. 

10 USC 3201 

prec. 

10 USC 3151 

prec. 


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132 STAT. 1828 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘CHAPTER 253—EMERGENCY AND RAPID ACQUISITIONS 

‘‘§ 3601. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 255—CONTRACTING WITH OR THROUGH 

OTHER AGENCIES 

‘‘§ 3651. øReserved¿ 

øReserved¿ 

‘‘Subpart D—General Contracting Requirements 

‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA 

‘‘§ 3701. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 273—ALLOWABLE COSTS 

‘‘§ 3741. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND 

TECHNICAL DATA 

‘‘§ 3771. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 277—CONTRACT FINANCING 

‘‘§ 3801. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 279—CONTRACTOR AUDITS AND 

ACCOUNTING 

‘‘§ 3841. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 281—CLAIMS AND DISPUTES 

‘‘§ 3861. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 283—FOREIGN ACQUISITIONS 

‘‘§ 3881. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 285—SMALL BUSINESS PROGRAMS 

‘‘§ 3901. øReserved¿ 

øReserved¿ 

10 USC 3901 

prec. 

10 USC 3881 

prec. 

10 USC 3861 

prec. 

10 USC 3841 

prec. 

10 USC 3801 

prec. 

10 USC 3771 

prec. 

10 USC 3741 

prec. 

10 USC 3701 

prec. 

10 USC 3701 

prec. 

10 USC 3651 

prec. 

10 USC 3601 

prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1829 

‘‘CHAPTER 287—SOCIOECONOMIC PROGRAMS 

‘‘§ 3961. øReserved¿ 

øReserved¿ 

‘‘Subpart E—Special Categories of Contracting: 

Major Defense Acquisition Programs and Major 

Systems 

‘‘CHAPTER 301—MAJOR DEFENSE ACQUISITION 

PROGRAMS 

‘‘§ 4001. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 303—WEAPON SYSTEMS DEVELOPMENT AND 

RELATED MATTERS 

‘‘§ 4071. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 305—OTHER MATTERS RELATING TO MAJOR 

SYSTEMS 

‘‘§ 4121. øReserved¿ 

øReserved¿ 

‘‘Subpart F—Special Categories of Contracting: 

Research, Development, Test, and Evaluation 

‘‘CHAPTER 321—RESEARCH AND DEVELOPMENT 

GENERALLY 

‘‘§ 4201. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 323—INNOVATION 

‘‘§ 4301. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 325—DEPARTMENT OF DEFENSE 

LABORATORIES 

‘‘§ 4351. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 327—RESEARCH AND DEVELOPMENT 

CENTERS AND FACILITIES 

‘‘§ 4401. øReserved¿ 

øReserved¿ 

10 USC 4401 

prec. 

10 USC 4351 

prec. 

10 USC 4301 

prec. 

10 USC 4201 

prec. 

10 USC 4201 

prec. 

10 USC 4121 

prec. 

10 USC 4071 

prec. 

10 USC 4001 

prec. 

10 USC 4001 

prec. 

10 USC 3961 

prec. 


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132 STAT. 1830 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘CHAPTER 329—OPERATIONAL TEST AND EVALUATION; 

DEVELOPMENTAL TEST AND EVALUATION 

‘‘§ 4451. øReserved¿ 

øReserved¿ 

‘‘Subpart G—Other Special Categories Of 

Contracting 

‘‘CHAPTER 341—CONTRACTING FOR PERFORMANCE OF 

CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS 

‘‘§ 4501. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 343—ACQUISITION OF SERVICES 

‘‘§ 4541. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 345—ACQUISITION OF INFORMATION 

TECHNOLOGY 

‘‘§ 4571. øReserved¿ 

øReserved¿ 

‘‘Subpart H—Contract Management 

‘‘CHAPTER 361—CONTRACT ADMINISTRATION 

‘‘§ 4601. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 363—PROHIBITIONS AND PENALTIES 

‘‘§ 4651. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 365—CONTRACTOR WORKFORCE 

‘‘§ 4701. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 367—OTHER ADMINISTRATIVE AND 

MISCELLANEOUS PROVISIONS 

‘‘§ 4751. øReserved¿ 

øReserved¿ 

10 USC 4751 

prec. 

10 USC 4701 

prec. 

10 USC 4651 

prec. 

10 USC 4601 

prec. 

10 USC 4601 

prec. 

10 USC 4571 

prec. 

10 USC 4541 

prec. 

10 USC 4501 

prec. 

10 USC 4501 

prec. 

10 USC 4451 

prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1831 

‘‘Subpart I—Defense Industrial Base 

‘‘CHAPTER 381—DEFENSE INDUSTRIAL BASE 

GENERALLY 

‘‘§ 4801. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 383—LOAN GUARANTEE PROGRAMS 

‘‘§ 4861. øReserved¿ 

øReserved¿ 

‘‘CHAPTER 385—PROCUREMENT TECHNICAL 

ASSISTANCE COOPERATIVE AGREEMENT PROGRAM 

‘‘§ 4881. øReserved¿ 

‘‘øReserved¿’’. 

(b) TABLE OF CHAPTERS AMENDMENT.—The table of chapters 

at the beginning of subtitle A is amended by adding at the end 

the following new items: 

‘‘Part V—ACQUISITION

‘‘subpart a—general

‘‘201. Definitions .................................................................................................... 3001

‘‘203. General Matters ........................................................................................... 3021

‘‘205. Defense Acquisition System ........................................................................ 3051

‘‘207. Budgeting and Appropriations Matters ..................................................... 3101

‘‘209. Operational Contract Support .................................................................... 3151

‘‘subpart b—acquisition planning

‘‘221. Planning and Solicitation Generally .......................................................... 3201

‘‘223. Planning and Solicitation Relating to Particular Items or Services ........ 3251

‘‘subpart c—contracting methods and contract types

‘‘241. Awarding of Contracts ................................................................................. 3301

‘‘243. Specific Types of Contracts ......................................................................... 3351

‘‘245. Task and Delivery Order Contracts (Multiple Award Contracts) ............ 3401

‘‘247. Acquisition of Commercial Items ................................................................ 3451

‘‘249. Multiyear Contracts ..................................................................................... 3501

‘‘251. Simplified Acquisition Procedures .............................................................. 3551

‘‘253. Emergency and Rapid Acquisitions ............................................................ 3601

‘‘255. Contracting With or Through Other Agencies .......................................... 3651

‘‘subpart d—general contracting requirements

‘‘271. Truthful Cost or Pricing Data ..................................................................... 3701

‘‘273. Allowable Costs ............................................................................................ 3741

‘‘275. Proprietary Contractor Data and Technical Data ..................................... 3771

‘‘277. Contract Financing ...................................................................................... 3801

‘‘279. Contractor Audits and Accounting ............................................................. 3841

‘‘281. Claims and Disputes .................................................................................... 3861

‘‘283. Foreign Acquisitions .................................................................................... 3881

‘‘285. Small Business Programs ........................................................................... 3901

‘‘287. Socioeconomic Programs .............................................................................. 3961

‘‘subpart e—special categories of contracting: major defense acquisition programs and major systems

‘‘301. Major Defense Acquisition Programs ......................................................... 4001

‘‘303. Weapon Systems Development and Related Matters ............................... 4071

‘‘305. Other Matters Relating to Major Systems ................................................. 4121

‘‘subpart f—special categories of contracting: research, development, test, and evaluation

‘‘321. Research and Development Generally ....................................................... 4201

‘‘323. Innovation ..................................................................................................... 4301

10 USC 101 prec. 

10 USC 4881 

prec. 

10 USC 4861 

prec. 

10 USC 4801 

prec. 

10 USC 4801 

prec. 


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132 STAT. 1832 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘325. Department of Defense Laboratories ......................................................... 4351

‘‘327. Research and Development Centers and Facilities ................................... 4401

‘‘329. Operational Test and Evaluation; Developmental Test and Evaluation 4451

‘‘subpart g—other special categories of contracting

‘‘341. Contracting for Performance of Civilian Commercial or Industrial Type 

Functions .................................................................................................. 4501

‘‘343. Acquisition of Services ................................................................................. 4541

‘‘345. Acquisition of Information Technology ...................................................... 4571

‘‘subpart h—contract management

‘‘361. Contract Administration ............................................................................. 4601

‘‘363. Prohibitions and Penalties .......................................................................... 4651

‘‘365. Contractor Workforce .................................................................................. 4701

‘‘367. Other Administrative and Miscellaneous Provisions ................................ 4751

‘‘subpart i—defense industrial base

‘‘381. Defense Industrial Base Generally ............................................................. 4801

‘‘383. Loan Guarantee Programs .......................................................................... 4861

‘‘385. Procurement Technical Assistance Cooperative Agreement Program ..... 4881’’. 

PART II—REDESIGNATION OF SECTIONS AND 

CHAPTERS OF SUBTITLES B, C, AND D TO 

PROVIDE ROOM FOR NEW PART V OF SUBTITLE A 

SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE 

D OF TITLE 10, UNITED STATES CODE—AIR FORCE. 

(a) SUBTITLE D, PART III, SECTION NUMBERS.—The sections 

in part III of subtitle D of title 10, United States Code, are redesignated as follows: 

(1) CHAPTER 909.—Each section in chapter 909 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 50. 

(2) CHAPTER 907.—Each section in chapter 907 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 70. 

(3) CHAPTERS 901 AND 903.—Each section in chapter 901 

and chapter 903 is redesignated so that the number of the 

section, as redesignated, is the number equal to the previous 

number plus 100. 

(b) SUBTITLE D, PART II, SECTION NUMBERS.—The sections 

in part II of such subtitle are redesignated as follows: 

(1) CHAPTER 831.—Section 8210 is redesignated as section 

9110. 

(2) CHAPTER 833.—Sections 8251, 8252, 8257, and 8258 

are redesignated as sections 9131, 9132, 9137, and 9138, respectively. 

(3) CHAPTER 835.—Sections 8281 and 8310 are redesignated 

as sections 9151 and 9160, respectively. 

(4) CHAPTER 839.—Section 8446 is redesignated as section 

9176. 

(5) CHAPTER 841.—Sections 8491 and 8503 are redesignated 

as sections 9191 and 9203, respectively. 

(6) CHAPTER 843.—Sections 8547 and 8548 are redesignated 

as sections 9217 and 9218, respectively. 

(7) CHAPTER 845.—Sections 8572, 8575, 8579, 8581, and 

8583 are redesignated as sections 9222, 9225, 9229, 9231, and 

9233, respectively. 

10 USC 

9401–9406, 

9414–9415, 

9417, 9419, 9420, 

9431–9436, 

9438, 9441–9443, 

9446–9457, 

9459–9462. 

10 USC 

9481–9484, 9487. 

10 USC 

9481–9498. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1833 

(8) CHAPTER 849.—Section 8639 is redesignated as section 

9239. 

(9) CHAPTER 853.—Sections 8681, 8684, and 8691 are 

redesignated as sections 9251, 9252, and 9253, respectively. 

(10) CHAPTER 855.—Section 8723 is redesignated as section 

9263. 

(11) CHAPTER 857.—Each section in chapter 857 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 530. 

(12) CHAPTER 861.—Section 8817 is redesignated as section 

9307. 

(13) CHAPTER 867.—Each section in chapter 867 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 400. 

(14) CHAPTER 869.—Sections 8961, 8962, 8963, 8964, 8965, 

and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 

9345, and 9346, respectively. 

(15) CHAPTER 871.—Sections 8991 and 8992 are redesignated as sections 9361 and 9362, respectively. 

(16) CHAPTER 873.—Sections 9021, 9025, and 9027 are 

redesignated as sections 9371, 9375, and 9377, respectively. 

(17) CHAPTER 875.—Section 9061 is redesignated as section 

9381. 

(c) SUBTITLE D, PART I, SECTION NUMBERS.—Each section in 

part I of such subtitle is redesignated so that the number of the 

section, as redesignated, is the number equal to the previous 

number plus 1,000. 

(d) SUBTITLE D CHAPTER NUMBERS.— 

(1) PART IV CHAPTER NUMBERS.—Each chapter in part IV 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 30. 

(2) PART III CHAPTER NUMBERS.—Each chapter in part III 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 50. 

(3) PART II CHAPTER NUMBERS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each chapter in part II of such subtitle is redesignated 

so that the number of the chapter, as redesignated, is 

the number equal to the previous number plus 80. 

(B) OTHER CHAPTERS.— 

(i) Chapter 861 is redesignated as chapter 939. 

(ii) Chapters 867, 869, 871, 873, and 875 are each 

redesignated so that the number of the chapter, as 

redesignated, is the number equal to the previous 

number plus 74. 

(4) PART I CHAPTER NUMBERS.—Each chapter in part I 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 100. 

(e) SUBTITLE D TABLES OF SECTIONS AND TABLES OF CHAPTERS.— 

(1) TABLES OF SECTIONS.—The tables of sections at the 

beginning of the chapters of such subtitle are revised so as 

to conform the section references in those tables to the redesignations made by subsections (a), (b), and (c). 

10 USC 9011 

prec., 9031 prec., 

9061 prec., 9110 

prec., 9131 prec., 

9151 prec., 9176 

prec., 9191 prec., 

9217 prec., 9222 

prec., 9239 prec., 

9251 prec., 9263 

prec., 9271 prec., 

9307 prec., 9311 

prec., 9341 prec., 

9361 prec., 9371 

prec., 9381 prec., 

9401 prec., 9431 

prec., 9481 prec., 

9491 prec. 

10 USC 9011 

prec., 9011 prec., 

9031 prec., 9061 

prec. 

10 USC 9311 

prec., 9341 prec., 

9361 prec., 9371 

prec., 9381 prec. 

10 USC 9307 

prec. 

10 USC 9401 

prec., 9431 prec., 

9481 prec., 9491 

prec. 

10 USC 9110 

prec., 9131 prec., 

9151 prec., 9176 

prec., 9191 prec., 

9217 prec., 9222 

prec., 9239 prec., 

9251 prec., 9263 

prec., 9271 prec. 

10 USC 9511 

prec., 9531 prec., 

9561 prec., 9591 

prec., 9621 prec., 

9651 prec., 9681 

prec., 9711 prec., 

9741 prec., 9771 

prec., 9801 prec., 

9831 prec. 


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132 STAT. 1834 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) TABLES OF CHAPTERS.—The table of chapters at the 

beginning of such subtitle, and the tables of chapters at the 

beginning of each part of such subtitle, are revised so as to 

conform the chapter references and section references in those 

tables to the redesignations made by this section. 

SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE 

C OF TITLE 10, UNITED STATES CODE—NAVY AND MARINE 

CORPS. 

(a) SUBTITLE C, PART I, SECTION NUMBERS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), each 

section in part I of subtitle C of title 10, United States Code, 

is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000. 

(2) CHAPTER 513.—For sections in chapter 513, each section 

is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940. 

(b) SUBTITLE C, PART II, SECTION NUMBERS.—The sections in 

part II of such subtitle are redesignated as follows: 

(1) CHAPTER 533.—Sections 5441, 5450, and 5451 are 

redesignated as sections 8101, 8102, and 8103, respectively. 

(2) CHAPTER 535.—Sections 5501, 5502, 5503, and 5508 

are redesignated as sections 8111, 8112, 8113, and 8118, respectively. 

(3) CHAPTER 537.—Section 5540 is redesignated as section 

8120. 

(4) CHAPTER 539.—Sections 5582, 5585, 5587, 5587a, 5589, 

and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 

8139, and 8146, respectively. 

(5) CHAPTER 551.—Each section in chapter 551 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 2,220. 

(6) CHAPTER 553.—Sections 5983, 5985, and 5986 are 

redesignated as sections 8183, 8185, and 8186, respectively. 

(7) CHAPTER 555.—The sections in chapter 555 are redesignated as follows: 

Section Redesignated Section 

6011 8211 

6012 8212 

6013 8213 

6014 8214 

6019 8215 

6021 8216 

6022 8217 

10 USC 

8162–8169, 8171, 

8172. 

10 USC 8071, 

8072; 8075; 8077, 

8078, 8079, 8081, 

8082, 8082a, 

8083, 8084, 8088, 

8089, 8090. 

10 USC 8001, 

8011–8020, 

8022–8028, 

8031–8033, 

8035–8038, 

8041–8047, 

8061–8063. 

10 USC 9011 

prec., 9110 prec., 

9401 prec., 9511 

prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1835 

Section Redesignated Section 

6024 8218 

6027 8219 

6029 8220 

6031 8221 

6032 8222 

6035 8225 

6036 8226 

(8) CHAPTER 557.—Each section in chapter 557 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 2,160. 

(9) CHAPTER 559.—Section 6113 is redesignated as section 

8253. 

(10) CHAPTER 561.—The sections in chapter 561 are redesignated as follows: 

Section Redesignated Section 

6141 8261 

6151 8262 

6152 8263 

6153 8264 

6154 8265 

6155 8266 

6156 8267 

6160 8270 

6161 8271 

(11) CHAPTER 563.—Sections 6201, 6202, and 6203 are 

redesignated as sections 8281, 8282, and 8283, respectively. 

(12) CHAPTER 565.—Sections 6221 and 6222 are redesignated as sections 8286 and 8287, respectively. 

10 USC 

8241–8247. 


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132 STAT. 1836 PUBLIC LAW 115–232—AUG. 13, 2018 

(13) CHAPTER 567.—Each section in chapter 567 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 2,050. 

(14) CHAPTER 569.—Section 6292 is redesignated as section 

8317. 

(15) CHAPTER 571.—Each section in chapter 571 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 2,000. 

(16) CHAPTER 573.—Sections 6371, 6383, 6389, 6404, and 

6408 are redesignated as sections 8371, 8372, 8373, 8374, and 

8375, respectively. 

(17) CHAPTER 575.—Sections 6483, 6484, 6485, and 6486 

are redesignated as sections 8383, 8384, 8385, and 8386, respectively. 

(18) CHAPTER 577.—Section 6522 is redesignated as section 

8392. 

(c) SUBTITLE C, PART III, SECTION NUMBERS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), each 

section in part III of such subtitle is redesignated so that 

the number of the section, as redesignated, is the number 

equal to the previous number plus 1,500. 

(2) CHAPTER 609.—Sections 7101, 7102, 7103, and 7104 

are redesignated as sections 8591, 8592, 8593, and 8594, respectively. 

(d) SUBTITLE C, PART IV, SECTION NUMBERS.—The sections 

in part IV of such subtitle are redesignated as follows: 

(1) CHAPTER 631.—Each section in chapter 631 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 1,400. 

(2) CHAPTER 633.—Each section in chapter 633 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 1,370. 

(3) CHAPTER 637.—Sections 7361, 7362, 7363, and 7364 

are redesignated as sections 8701, 8702, 8703, and 8704, respectively. 

(4) CHAPTER 639.—Sections 7395 and 7396 are redesignated 

as sections 8715 and 8716, respectively. 

(5) CHAPTER 641.—Each section in chapter 641 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 1,300. 

(6) CHAPTER 643.—Sections 7472, 7473, 7476, 7477, 7478, 

7479, 7479a, and 7480 are redesignated as sections 8742, 8743, 

8746, 8747, 8748, 8749, 8749a, and 8750, respectively. 

(7) CHAPTER 645.—Sections 7522, 7523, and 7524 are 

redesignated as sections 8752, 8753, and 8754, respectively. 

(8) CHAPTER 647.—The sections in chapter 647 are redesignated as follows: 

Section Redesignated Section 

7541 8761 

7541a 8761a 

10 USC 

8720–8725, 

8727–8733, 

8735–8739. 

10 USC 

8661–8664, 8667, 

8669–8671, 

8673–8690. 

10 USC 8604, 

8605, 8607, 8611, 

8612, 8614, 8616, 

8619–8629, 8631, 

8633–8635. 

10 USC 

8411–8413, 8415, 

8431, 8451–8456, 

8458–8481, 

8541–8550, 

8581–8588. 

10 USC 

8321–8336. 

10 USC 

8291–8308. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1837 

Section Redesignated Section 

7541b 8761b 

7542 8762 

7543 8763 

7544 8764 

7545 8765 

7546 8766 

7547 8767 

(9) CHAPTERS 649, 651, 653, AND 655.—Each section in chapters 649, 651, 653, and 655 is redesignated so that the number 

of the section, as redesignated, is the number equal to the 

previous number plus 1,200. 

(10) CHAPTER 657.—Each section in chapter 657 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 1,170. 

(11) CHAPTER 659.—Sections 7851, 7852, 7853, and 7854 

are redesignated as sections 8901, 8902, 8903, and 8904, respectively. 

(12) CHAPTER 661.—Sections 7861, 7862, and 7863 are 

redesignated as sections 8911, 8912, and 8913, respectively. 

(13) CHAPTER 663.—Section 7881 is redesignated as section 

8921. 

(14) CHAPTER 665.—Sections 7901, 7902, and 7903 are 

redesignated as sections 8931, 8932, and 8933, respectively. 

(15) CHAPTER 667.—Sections 7912 and 7913 are redesignated as sections 8942 and 8943, respectively. 

(16) CHAPTER 669.—Section 7921 is redesignated as section 

8951. 

(e) SUBTITLE C CHAPTER NUMBERS.— 

(1) PART I CHAPTER NUMBERS.—Each chapter in part I 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 300, except that chapter 513 is redesignated as 

chapter 809. 

(2) PART II CHAPTER NUMBERS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each chapter in part II of such subtitle is redesignated 

so that the number of the chapter, as redesignated, is 

the number equal to the previous number plus 270. 

(B) OTHER CHAPTERS.—Chapter 533 is redesignated 

as chapter 811, chapter 535 is redesignated as chapter 

812, chapter 537 is redesignated as chapter 813, and 

chapter 539 is redesignated as chapter 815. 

(3) PART III CHAPTER NUMBERS.—Each chapter in part III 

of such subtitle is redesignated so that the number of the 10 USC 8411 

prec., 8431 prec., 

8451 prec., 8541 

prec., 8581 prec., 

8591 prec. 

10 USC 8162 

prec., 8183 prec., 

8211 prec., 8241 

prec., 8253 prec., 

8261 prec., 8281 

prec., 8286 prec., 

8291 prec., 8317 

prec., 8321 prec., 

8371 prec., 8383 

prec., 8392 prec. 

10 USC 8001 

prec., 8011 prec., 

8031 prec., 8041 

prec., 8061 prec., 

8071 prec. 

10 USC 

8891–8900. 

10 USC 

8771–8773, 8776, 

8777, 8779–8782, 

8801–8806, 

8821–8823, 

8851–8881. 


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132 STAT. 1838 PUBLIC LAW 115–232—AUG. 13, 2018 

chapter, as redesignated, is the number equal to the previous 

number plus 250. 

(4) PART IV CHAPTER NUMBERS.—Each chapter in part IV 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 228, except that chapter 631 is redesignated as 

chapter 861 and chapter 633 is redesignated as chapter 863. 

(f) SUBTITLE C TABLES OF SECTIONS AND TABLES OF CHAPTERS.— 

(1) TABLES OF SECTIONS.—The table of sections at the beginning of each chapter of such subtitle is revised so as to conform 

the section references in the table to the redesignations made 

by subsections (a), (b), (c), and (d). 

(2) TABLES OF CHAPTERS.—The table of chapters at the 

beginning of such subtitle, and the tables of chapters at the 

beginning of each part of such subtitle, are revised so as to 

conform the chapter references and section references in those 

tables to the redesignations made by this section. 

SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE 

B OF TITLE 10, UNITED STATES CODE—ARMY. 

(a) SUBTITLE B, PART I, SECTION NUMBERS.—Each section in 

part I of subtitle B of title 10, United States Code, is redesignated 

so that the number of the section, as redesignated, is the number 

equal to the previous number plus 4,000. 

(b) SUBTITLE B, PART II, SECTION NUMBERS.—The sections in 

part II of such subtitle are redesignated as follows: 

(1) CHAPTER 331.—Sections 3201 and 3210 are redesignated 

as sections 7101 and 7110, respectively. 

(2) CHAPTER 333.—Sections 3251, 3258, and 3262 are 

redesignated as sections 7131, 7138, and 7142, respectively. 

(3) CHAPTER 335.—Sections 3281, 3282, and 3283 are 

redesignated as sections 7151, 7152, and 7153, respectively. 

(4) CHAPTER 339.—Section 3446 is redesignated as sections 

7176. 

(5) CHAPTER 341.—Sections 3491 and 3503 are redesignated 

as sections 7191 and 7203, respectively. 

(6) CHAPTER 343.—Sections 3533, 3534, 3536, 3547 and 

3548 are redesignated as sections 7213, 7214, 7216, 7217, and 

7218, respectively. 

(7) CHAPTER 345.—Sections 3572, 3575, 3579, 3581, and 

3583 are redesignated as sections 7222, 7225, 7229, 7231, and 

7233, respectively. 

(8) CHAPTER 349.—Section 3639 is redesignated as section 

7239. 

(9) CHAPTER 353.—Sections 3681, 3684, and 3691 are 

redesignated as sections 7251, 7252, and 7253, respectively. 

(10) CHAPTER 355.—Section 3723 is redesignated as section 

7263. 

(11) CHAPTER 357.—Each section in chapter 357 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 3,530. 

(12) CHAPTER 367.—Each section in chapter 367 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 3,400. 

10 USC 7311, 

7314, 7317, 7318, 

7320, 7321, 

7324–7326, 7329. 

10 USC 8604 

prec., 8661 prec., 

8701 prec., 8715 

prec., 8720 prec., 

8742 prec., 8752 

prec., 8761 prec., 

8771 prec., 8801 

prec., 8821 prec., 

8851 prec., 8891 

prec., 8901 prec., 

8911 prec., 8921 

prec., 8931 prec., 

8942 prec., 8951 

prec. 

10 USC 8001 

prec., 8011 prec., 

8031 prec., 8041 

prec., 8061 prec., 

8071 prec., 8101 

prec., 8111 prec., 

8120 prec., 8132 

prec., 8162 prec., 

8183 prec., 8211 

prec., 8241 prec., 

8253 prec., 8261 

prec., 8281 prec., 

8286 prec., 8291 

prec., 8317 prec., 

8321 prec., 8371 

prec., 8383 prec., 

8392 prec., 8411 

prec., 8431 prec., 

8451 prec., 8541 

prec., 8581 prec., 

8591 prec., 8604 

prec., 8661 prec., 

8701 prec., 8715 

prec., 8720 prec., 

8742 prec., 8752 

prec., 8761 prec., 

8771 prec., 8801 

prec., 8821 prec., 

8851 prec., 8891 

prec., 8901 prec., 

8911 prec., 8921 

prec., 8931 prec., 

8942 prec., 8951 

prec. 

10 USC 8001 

prec., 8101 prec., 

8411 prec., 8604 

prec. 

10 USC 7001, 

7011–7024, 

7031–7038, 

7061–7065, 

7067–7070, 

7032–7035, 7081, 

7083, 7084. 

10 USC 

7271–7286. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1839 

(13) CHAPTER 369.—Sections 3961, 3962, 3963, 3964, 3965, 

and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 

7345, and 7346, respectively. 

(14) CHAPTER 371.—Sections 3991 and 3992 are redesignated as sections 7361 and 7362, respectively. 

(15) CHAPTER 373.—Sections 4021, 4024, 4025, and 4027 

are redesignated as sections 7371, 7374, 7375, and 7377, respectively. 

(16) CHAPTER 375.—Section 4061 is redesignated as section 

7381. 

(c) SUBTITLE B, PART III, SECTION NUMBERS.— (1) IN GENERAL.—Except as provided in paragraph (2), each 

section in part III of such subtitle is redesignated so that 

the number of the section, as redesignated, is the number 

equal to the previous number plus 3,100. 

(2) CHAPTER 407.—Each section in chapter 407 is redesignated so that the number of the section, as redesignated, is 

the number equal to the previous number plus 3,070. 

(d) SUBTITLE B, PART IV, SECTION NUMBERS.—Each section 

in part IV of such subtitle is redesignated so that the number 

of the section, as redesignated, is the number equal to the previous 

number plus 3,000. 

(e) SUBTITLE B CHAPTER NUMBERS.— (1) PART I CHAPTER NUMBERS.—Each chapter in part I 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 400. 

(2) PART II CHAPTER NUMBERS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each chapter in part II of such subtitle is redesignated 

so that the number of the chapter, as redesignated, is 

the number equal to the previous number plus 380. 

(B) OTHER CHAPTERS.—Chapters 367, 369, 371, 373, 

and 375 are each redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous number plus 374. 

(3) PART III CHAPTER NUMBERS.—Each chapter in part III 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 350. 

(4) PART IV CHAPTER NUMBERS.—Each chapter in part IV 

of such subtitle is redesignated so that the number of the 

chapter, as redesignated, is the number equal to the previous 

number plus 330. 

(f) SUBTITLE B TABLES OF SECTIONS AND TABLES OF CHAPTERS.— 

* (1) TABLES OF SECTIONS.—The table of sections at the beginning of each chapter of such subtitle is revised so as to conform 

the section references in the table to the redesignations made 

by subsections (a), (b), (c), and (d). 

(2) TABLES OF CHAPTERS.—The table of chapters at the 

beginning of such subtitle, and the tables of chapters at the 

beginning of each part of such subtitle, are revised so as to 

conform the chapter references and section references in those 

tables to the redesignations made by this section. 

* Note: Classifications for section 808(f)(1): 10 USC 7001 prec., 7011 prec., 7031 prec., 7061 

prec., 7101 prec., 7131 prec., 7151 prec., 7176 prec., 7191 prec., 7213 prec., 7222 prec., 7239 

prec., 7251 prec., 7263 prec., 7271 prec., 7311 prec., 7341 prec., 7361 prec., 7371 prec., 7381 

prec., 7401 prec., 7431 prec., 7481 prec., 7532 prec., 7551 prec., 7561 prec., 7591 prec., 7621 

prec., 7652 prec., 7682 prec., 7712 prec., 7721 prec., 7749 prec., 7771 prec., 7801 prec., 7831 prec. 

10 USC 7001 

prec., 7101 prec., 

7401 prec., 7532 

prec. 

10 USC 7532 

prec., 7551 prec., 

7561 prec., 7591 

prec., 7621 prec., 

7652 prec., 7682 

prec., 7712 prec., 

7721 prec., 7749 

prec., 7771 prec., 

7801 prec., 7831 

prec. 

10 USC 7401 

prec., 7431 prec., 

7481 prec. 

10 USC 

7401–7403, 7406, 

7409, 7414, 7415, 

7417–7421, 

7431–7438, 

7440–7443, 

7446–7462. 

10 USC 

7481–7484, 7486, 

7487. 

10 USC 7532, 

7536, 7540–7544, 

7551–7555, 

7561–7565, 

7591–7595, 7621, 

7622, 7624–7629, 

7652–7657, 

7682–7690, 7712, 

7714, 7721–7727, 

7749, 7771, 7772, 

7776–7781, 

7801–7804, 7806, 

7831, 7837–7842. 


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132 STAT. 1840 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 809. CROSS REFERENCES TO REDESIGNATED SECTIONS AND 

CHAPTERS. 

(a) TITLE 10, UNITED STATES CODE.—Each provision of title 

10, United States Code (including the table of subtitles preceding 

subtitle A), that contains a reference to a section or chapter redesignated by this part is amended so that the reference refers to 

the number of the section or chapter as redesignated. 

(b) LAWS CLASSIFIED AS TITLE 10, UNITED STATES CODE, NOTE

SECTIONS.— 

(1) Section 1111 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

10 U.S.C. 143 note) is amended by striking ‘‘sections 143, 

194, 3014, 5014, and 8014’’ in subsections (a) and (b) and 

inserting ‘‘sections 143, 194, 7014, 8014, and 9014’’. 

(2) Section 4403(b) of the National Defense Authorization 

Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 

note) is amended— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘section 3911’’ 

and inserting ‘‘section 7311’’; and 

(ii) in subparagraph (B), by striking ‘‘section 3914’’ 

and inserting ‘‘section 7314’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘section 6323’’ 

and inserting ‘‘section 8323’’; and 

(ii) in subparagraph (B), by striking ‘‘section 6330’’ 

and inserting ‘‘section 8330’’; and 

(C) in paragraph (3)— 

(i) in subparagraph (A), by striking ‘‘section 8911’’ 

and inserting ‘‘section 9311’’; and 

(ii) in subparagraph (B), by striking ‘‘section 8914’’ 

and inserting ‘‘section 9314’’. 

(3) Section 598(d)(4) of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561 

note) is amended by striking ‘‘sections 4361, 6980, and 9361’’ 

and inserting ‘‘sections 7461, 8480, and 9461’’. 

(4) Section 549(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 

1580 note prec.) is amended by striking ‘‘section 4348, 6959, 

or 9348’’ and inserting ‘‘section 7448, 8459, or 9448’’. 

(5) Section 505(b) of the National Defense Authorization 

Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 3201 

note) is amended by striking ‘‘section 3201’’ and inserting ‘‘section 7101’’. 

(6) Section 586(g)(1) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 3741 

note) is amended by striking ‘‘section 3744, 6248, or 8744’’ 

and inserting ‘‘section 7274, 8296, or 9274’’. 

(7) Section 2 of Public Law 89–650 (10 U.S.C. 4343 note) 

is amended— 

(A) by striking ‘‘sections 4342(b)(1), 6954(b), and 

9342(b)(1)’’ and inserting ‘‘sections 7442(b)(1), 8454(b), and 

9442(b)(1) of title 10, United States Code,’’; and 

(B) by striking ‘‘sections 4343, 6956, and 9343 of title 

10, United States Code’’ and inserting ‘‘sections 7443, 8456, 

and 9443 of such title’’. 

10 USC 101 

prec., 125, 162, 

347, 532, 616, 

624, 631–634, 

637–638b, 641, 

652, 688, 1074h, 

1134a, 1135, 

1174, 1176, 1370, 

1402, 1402a, 

1406, 1407, 1409, 

1447, 1488, 1552, 

2208, 2218, 2433, 

2474, 2522, 2547, 

2563, 2575, 2780, 

7023, 7032, 7033, 

7036, 7278, 7282, 

7285, 7311, 7314, 

7317, 7318, 7324, 

7325, 7326, 7329, 

7343, 7345, 7361, 

7362, 7433a, 

7442, 7443, 

7482–7484, 7629, 

7722, 7806, 8023, 

8027, 8032, 8033, 

8036, 8037, 8042, 

8043, 8083, 8084, 

8089, 8139, 8146, 

8219, 8243, 8286, 

8298, 8307, 8323, 

8325–8327, 8330, 

8331, 8333, 8335, 

8336, 8371, 8372, 

8451a, 8454, 

8456, 8458, 

8470a, 8474, 

8476, 8481, 8545, 

8549, 8585–8587, 

8675, 8686, 8722, 

8723, 8725, 8730, 

8731, 8737, 8766, 

8855, 8859, 8860, 

8881, 8892–8894, 

8897, 9023, 9032, 

9033, 9039, 9062, 

9081, 9229, 9278, 

9282, 9285, 9311, 

9314, 9317, 9318, 

9324–9326, 9329, 

9343, 9345, 9361, 

9362, 9414a, 

9415, 9417, 

9433a, 9442, 

9443, 9482–9484, 

9491m, 9494, 

9496, 9498, 

10154, 

10171–10174, 

12009, 

12645–12647, 

12741, 14108, 

14311. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1841 

(8) Section 323 of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4551 

note) is amended by striking ‘‘section 4551(2)’’ and inserting 

‘‘section 7551(2)’’. 

(9) Section 343 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4554 note) 

is amended by striking ‘‘section 4554(a)(3)(A)’’ and inserting 

‘‘section 7554(a)(3)(A)’’. 

(10) Section 589(c) of the National Defense Authorization 

Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 7049 

note) is amended by striking ‘‘sections 7049(a) and 9314a(a)’’ 

and inserting ‘‘sections 8549(a) and 9414a(a)’’. 

(11) Section 131(d) of the National Defense Authorization 

Act for Fiscal Year (Public Law 115–91; 10 U.S.C. 8062 note) 

is amended by striking ‘‘section 8062’’ and inserting ‘‘section 

9062’’. 

(12) Section 2 of Public Law 86–593 (10 U.S.C. 8744 note) 

is amended by striking ‘‘sections 8744(a) and 8750(b)’’ and 

inserting ‘‘sections 9274(a) and 9280(b)’’. 

(c) TITLE 5, UNITED STATES CODE.— 

(1) Section 5102(c) of title 5, United States Code, is 

amended— 

(A) in paragraph (10)— 

(i) by striking ‘‘section 1595, 4021, 7478, or 9021 

of title 10’’ and inserting ‘‘section 1595, 7371, 8748, 

or 9371 of title 10’’; 

(ii) by striking ‘‘sections 4338, 6952, and 9338, 

respectively, of title 10’’ and inserting ‘‘sections 7438, 

8452, and 9438, respectively, of title 10’’; 

(iii) by striking ‘‘section 7044 of title 10’’ and 

inserting ‘‘section 8544 of title 10’’; and 

(iv) by striking ‘‘section 7043 of title 10’’ and 

inserting ‘‘section 8543 of title 10’’; and 

(B) in paragraph (28), by striking ‘‘section 9314 of 

title 10’’ and inserting ‘‘section 9414 of title 10’’. 

(2) Section 504(c) of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 5 U.S.C. 5102 note), is 

amended by striking ‘‘Section 9314(b)(2) of title 10, United 

States Code’’ and inserting ‘‘Section 9414(b)(2) of title 10, 

United States Code’’. 

(3) Section 5514(c) of title 5, United States Code, is 

amended by striking ‘‘section 4837(d) or 9837(d) of title 10’’ 

and inserting ‘‘section 7837(d) or 9837(d) of title 10’’. 

(4) Section 8150(b) of title 5, United States Code, is 

amended by striking ‘‘section 9441 of title 10’’ and inserting 

‘‘section 9491 of title 10’’. 

(d) LAWS CLASSIFIED IN TITLE 7, UNITED STATES CODE.—The 

7th proviso in the paragraph under the heading ‘‘SALARIES’’ in 

the Department of Agriculture Appropriation Act, 1937 (7 U.S.C. 

2238), is amended by striking ‘‘the Act of March 3, 1879 (20 Stat. 

412)’’ and inserting ‘‘section 7655 of title 10, United States Code’’. 

(e) TITLE 18, UNITED STATES CODE.— 

(1) Section 704 of title 18, United States Code, is 

amended— 

(A) in subsection (c)(2)— 


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132 STAT. 1842 PUBLIC LAW 115–232—AUG. 13, 2018 

(i) by striking ‘‘section 3741, 6241, or 8741 of title 

10’’ in subparagraph (A) and inserting ‘‘section 7271, 

8291, or 9271 of title 10’’; 

(ii) by striking ‘‘section 3754, 6256, or 8754 of 

title 10’’ in subparagraph (B) and inserting ‘‘section 

7284, 8306, or 9284 of title 10’’; and 

(iii) by striking ‘‘section 3747, 6253, or 8747 of 

title 10’’ in subparagraph (C) and inserting ‘‘section 

7277, 8303, or 9277 of title 10’’; and 

(B) in subsection (d)(1)— 

(i) by striking ‘‘section 3742 of title 10’’ and 

inserting ‘‘section 7272 of title 10’’; 

(ii) by striking ‘‘section 6242 of title 10’’ and 

inserting ‘‘section 8292 of title 10’’; 

(iii) by striking ‘‘section 8742 of section 10’’ and 

inserting ‘‘section 9272 of title 10’’; and 

(iv) by striking ‘‘section 3746, 6244, or 8746 of 

title 10’’ and inserting ‘‘section 7276, 8294, or 9276 

of title 10’’. 

(2) Section 921(a)(4) of such title is amended by striking 

‘‘section 4684(2), 4685, or 4686 of title 10’’ in the matter after 

subparagraph (C) and inserting ‘‘section 7684(2), 7685, or 7686 

of title 10’’ 

(3) Section 925(d)(1) of such title is amended by striking 

‘‘chapter 401 of title 10’’ and inserting ‘‘chapter 751 of title 

10’’. 

(f) LAWS CLASSIFIED IN TITLE 22, UNITED STATES CODE.—Section 44 of the Arms Export Control Act (22 U.S.C. 2793) is amended 

by striking ‘‘section 7307 of title 10 of the United States Code’’ 

and inserting ‘‘section 8677 of title 10, United States Code’’. 

(g) LAWS CLASSIFIED IN TITLE 24, UNITED STATES CODE.— 

Section 1520(a) of the Armed Forces Retirement Home Act of 1991 

(24 U.S.C. 420(a)) is amended by striking ‘‘sections 4712(f) and 

9712(f) of title 10, United States Code’’ in the matter before paragraph (1) and inserting ‘‘sections 7712(f) and 9712(f) of title 10, 

United States Code’’. 

(h) LAWS CLASSIFIED IN TITLE 26, UNITED STATES CODE.— 

(1) Section 170(p)(6) of the Internal Revenue Code of 1986 

is amended by striking ‘‘section 6973 of title 10, United States 

Code’’ and inserting ‘‘section 8473 of title 10, United States 

Code’’. 

(2) Section 2055(g) of the Internal Revenue Code of 1986 

is amended— 

(A) in paragraph (4), by striking ‘‘section 7222 of title 

10, United States Code’’ and inserting ‘‘section 8622 of 

title 10, United States Code’’; 

(B) in paragraph (9), by striking ‘‘section 6973 of title 

10, United States Code’’ and inserting ‘‘section 8473 of 

title 10, United States Code’’; and 

(C) in paragraph (10), by striking ‘‘section 6974 of 

title 10, United States Code’’ and inserting ‘‘section 8474 

of title 10, United States Code’’. 

(3) Section 5845(f) of the Internal Revenue Code of 1986 

is amended by striking ‘‘section 4684(2), 4685, or 4686 of title 

10 of the United States Code’’ and inserting ‘‘section 7684(2), 

7685, or 7686 of title 10, United States Code’’. 

(i) LAWS CLASSIFIED IN TITLE 30, UNITED STATES CODE.— 

26 USC 170. 

18 USC 921. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1843 

(1) Section 35(a) of the Mineral Leasing Act (30 U.S.C. 

191(a)) is amended by striking ‘‘the Act of June 4, 1920 (41 

Stat. 813), as amended June 30, 1938 (52 Stat. 1252)’’ before 

the period at the end of the first sentence and inserting ‘‘section 

8733(b) of title 10, United States Code’’. 

(2) Section 4 of the Mineral Leasing Act for Acquired Lands 

(30 U.S.C. 353) is amended by striking ‘‘the Act of June 30, 

1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41 

Stat. 813)’’ before the period at the end and inserting ‘‘chapter 

869 of title 10, United States Code’’. 

(j) TITLE 32, UNITED STATES CODE.—Section 113(b)(1)(A) of 

title 32, United States Code, is amended by striking ‘‘section 3013(b) 

of title 10’’ and inserting ‘‘section 7013(b) of title 10’’. 

(k) LAWS CLASSIFIED IN TITLE 33, UNITED STATES CODE.— 

(1) Section 902(c)(2) of the Oceans and Human Health 

Act (33 U.S.C. 3101(c)(2)) is amended by striking ‘‘(10 U.S.C. 

7902(a))’’ and inserting ‘‘(10 U.S.C. 8932(a))’’. 

(2) Section 12406(a)(3) of the Federal Ocean Acidification 

Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3)) 

is amended by striking ‘‘section 7901 of title 10, United States 

Code’’ and inserting ‘‘section 8931 of title 10, United States 

Code’’. 

(l) TITLE 36, UNITED STATES CODE.— 

(1) Section 903(b) of title 36, United States Code, is 

amended by striking ‘‘sections 3755, 6257, and 8755 of title 

10’’ and inserting ‘‘sections 7285, 8307, and 9285 of title 10’’. 

(2) Section 40303(b) of such title is amended by striking 

‘‘section 9447 of title 10’’ and inserting ‘‘section 9497 of title 

10’’. 

(m) TITLE 37, UNITED STATES CODE.— 

(1) Section 207(c) of title 37, United States Code, is 

amended by striking ‘‘section 6222 of title 10’’ and inserting 

‘‘section 8287 of title 10’’. 

(2) Section 301a(a)(6)(D) of such title is amended by striking 

‘‘section 6911 of title 10’’ and inserting ‘‘section 8411 of title 

10’’. 

(3) Section 334(h)(4) of such title is amended by striking 

‘‘section 6911 of title 10’’ and inserting ‘‘section 8411 of title 

10’’. 

(4) Section 424(c) of such title is amended by striking 

‘‘section 6222 of title 10’’ and inserting ‘‘section 8287 of title 

10’’. 

(n) TITLE 38, UNITED STATES CODE.— 

(1) The following provisions of chapter 17 of title 38, United 

States Code, are amended by striking ‘‘section 3741, 6241, 

or 8741 of title 10’’ and inserting ‘‘section 7271, 8291, or 9271 

of title 10’’: 

(A) Section 1705(a)(1). 

(B) Section 1710(a)(2)(D). 

(C) Section 1710B(c)(2)(D). 

(D) Section 1722A(a)(3)(D). 

(2) Section 2306(d)(5) of such title is amended by striking 

‘‘section 3741, 6241, or 8741 of title 10’’ in subparagraphs 

(C)(iii) and (D) and inserting ‘‘section 7271, 8291, or 9271 

of title 10’’. 


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132 STAT. 1844 PUBLIC LAW 115–232—AUG. 13, 2018 

(3) Section 3311(d)(2) of such title is amended by striking 

‘‘section 4348, 6959, or 9348 of title 10’’ and inserting ‘‘section 

7448, 8459, or 9448 of title 10’’. 

(n) LAWS CLASSIFIED IN TITLE 42, UNITED STATES CODE.— 

(1) Section 106 of the Naval Petroleum Reserves Production 

Act of 1976 (42 U.S.C. 6506) is amended by striking ‘‘section 

7430 of title 10, United States Code’’ and inserting ‘‘section 

8730 of title 10, United States Code’’. 

(2) Section 3022 of the Solid Waste Disposal Act (42 U.S.C. 

6939d) is amended— 

(A) in subsection (c)(2), by striking ‘‘section 7293 and 

sections 7304 through 7308 of title 10, United States Code’’ 

and inserting ‘‘section 8663 and sections 8674 through 8678 

of title 10, United States Code’’; and 

(B) in subsection (d), by striking ‘‘section 7311 of title 

10, United States Code’’ and inserting ‘‘section 8681 of 

title 10, United States Code’’. 

(3) The Department of Energy Organization Act is 

amended— 

(A) in section 307 (42 U.S.C. 7156), by striking ‘‘chapter 

641 of title 10, United States Code’’ in the matter before 

paragraph (1) and inserting ‘‘chapter 869 of title 10, United 

States Code’’; and 

(B) in section 625(a) (42 U.S.C. 7235(a)), by striking 

‘‘chapter 641 of title 10, United States Code’’ and inserting 

‘‘chapter 869 of title 10, United States Code’’. 

(4) Section 102(f)(3) of the Uranium Mill Tailings Radiation 

Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by striking 

‘‘(10 U.S.C. 7420 note; Public Law 105–261)’’ in the matter 

before subparagraph (A) and inserting ‘‘(10 U.S.C. 8720 note; 

Public Law 105–261)’’. 

(p) LAWS CLASSIFIED IN TITLE 43, UNITED STATES CODE.— 

Section 2(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 

1601(e)) is amended by striking ‘‘sections 7421 through 7438 of 

title 10 of the United States Code’’ and inserting ‘‘sections 8721 

through 8738 of title 10, United States Code,’’. 

(q) TITLE 46, UNITED STATES CODE.—Section 57100(d)(1) of 

title 46, United States Code, is amended by striking ‘‘section 7310 

of title 10, United States Code,’’ and inserting ‘‘section 8680 of 

title 10’’. 

(r) LAWS CLASSIFIED IN TITLE 50, UNITED STATES CODE.— 

Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50 

U.S.C. 3095(a)(2)(B)(i)) is amended by striking ‘‘(including a law 

enacted pursuant to section 7307(a) of that title)’’ and inserting 

‘‘(including a law enacted pursuant to section 8677(a) of title 10)’’. 

(s) TITLE 54, UNITED STATES CODE.—Section 303102 of title 

54, United States Code, is amended by striking ‘‘section 7433(b) 

of title 10’’ and inserting ‘‘section 8733(b) of title 10’’. 

(t) DEEMING RULE FOR OTHER REFERENCES.—Any reference 

in a provision of law (other than a provision amended by this 

section) to a section or chapter redesignated by this part shall 

be deemed to refer to the section or chapter as so redesignated. 

10 USC 7001 

note. 

38 USC 3311. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1845 

PART III—REPEALS OF CERTAIN PROVISIONS 

OF DEFENSE ACQUISITION LAW 

SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY REQUIREMENTS FOR CERTAIN POSITIONS OR OFFICES IN THE 

DEPARTMENT OF DEFENSE. 

(a) AMENDMENT RELATING TO DIRECTOR OF CORROSION POLICY

AND OVERSIGHT.—Section 2228(a) of title 10, United States Code, 

is amended— 

(1) by striking ‘‘, Technology, and Logistics’’ and inserting 

‘‘and Sustainment’’ both places it appears; and 

(2) by striking ‘‘The Director shall report directly to the 

Under Secretary’’ at the end of paragraph (2). 

(b) REPEAL OF STATUTORY REQUIREMENT FOR OFFICE OF TECHNOLOGY TRANSITION.— 

(1) REPEAL.—Section 2515 of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter III of chapter 148 of such title is 

amended by striking the item relating to section 2515. 

(c) REPEAL OF STATUTORY REQUIREMENT FOR OFFICE FOR FOREIGN DEFENSE CRITICAL TECHNOLOGY MONITORING AND ASSESSMENT.— 

(1) REPEAL.—Section 2517 of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter III of chapter 148 of such title is 

amended by striking the item relating to section 2517. 

(d) REPEAL OF STATUTORY REQUIREMENT FOR DEFENSE LOGISTICS AGENCY ADVOCATE FOR COMPETITION.— 

(1) REPEAL.—Section 2318 of title 10, United States Code, 

is amended— 

(A) by striking subsection (a); and 

(B) by striking ‘‘(b)’’ before ‘‘Each advocate’’. 

(2) TECHNICAL AMENDMENTS.—Such section is further 

amended— 

(A) by striking ‘‘advocate for competition of’’ and 

inserting ‘‘advocate for competition designated pursuant 

to section 1705(a) of title 41 for’’; and 

(B) by striking ‘‘a grade GS–16 or above under the 

General Schedule (or in a comparable or higher position 

under another schedule)’’ and inserting ‘‘in a position classified above GS–15 pursuant to section 5108 of title 5’’. 

(e) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF

INDIVIDUAL TO SERVE AS PRIMARY LIAISON BETWEEN THE PROCUREMENT AND RESEARCH AND DEVELOPMENT ACTIVITIES OF THE UNITED

STATES ARMED FORCES AND THOSE OF THE STATE OF ISRAEL.— 

Section 1006 of the National Defense Authorization Act, Fiscal 

Year 1989 (Public Law 100–456; 102 Stat. 2040; 10 U.S.C. 133a 

note) is repealed. 

(f) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF

SENIOR OFFICIAL TO COORDINATE AND MANAGE HUMAN SYSTEMS

INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS.—Section 231 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) 

is amended— 

10 USC 2511 

prec. 


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132 STAT. 1846 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) by striking ‘‘(a) IN GENERAL.—’’; and 

(2) by striking subsections (b), (c), and (d). 

(g) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF

SENIOR OFFICIAL RESPONSIBLE FOR FOCUS ON URGENT OPERATIONAL

NEEDS AND RAPID ACQUISITION.—Section 902 of the National 

Defense Authorization Act for Fiscal Year 2013 (Public Law 112– 

239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed. 

(h) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF

SENIOR OFFICIAL RESPONSIBLE FOR DUAL-USE PROJECTS UNDER

DUAL-USE SCIENCE AND TECHNOLOGY PROGRAM.—Section 203 of 

the National Defense Authorization Act for Fiscal Year 1998 (Public 

Law 105–85; 10 U.S.C. 2511 note) is amended by striking subsection 

(c). 

(i) SUBMISSION OF NOTICE AND PLAN TO CONGRESS.—Not less 

than 30 days before reorganizing, restructuring, or eliminating any 

position or office specified in this section, the Secretary shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives notice of such reorganization, restructuring, or 

elimination together with a plan to ensure that mission requirements are met and appropriate oversight is conducted in carrying 

out such reorganization, restructuring, or elimination. Such plan 

shall address how user needs will be met and how associated 

roles and responsibilities will be accomplished for each position 

or office that the Secretary determines requiring reorganization, 

restructuring, or elimination. 

SEC. 812. REPEAL OF CERTAIN DEFENSE ACQUISITION LAWS. 

(a) TITLE 10, UNITED STATES CODE.— 

(1) SECTION 167A.— 

(A) REPEAL.—Section 167a of title 10, United States 

Code, is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 6 of such title is amended by 

striking the item relating to section 167a. 

(C) CONFORMING AMENDMENT.—Section 905(a)(1) of the 

John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 10 U.S.C. 133a note) is 

amended by striking ‘‘166b, 167, or 167a’’ and inserting 

‘‘166b or 167’’. 

(2) SECTION 2323.— 

(A) REPEAL.—Section 2323 of title 10, United States 

Code, is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 137 of such title is amended 

by striking the item relating to section 2323. 

(C) CONFORMING AMENDMENTS.— 

(i) Section 853(c) of the National Defense 

Authorization Act for Fiscal Year 2004 (Public Law 

108–136; 10 U.S.C. 2302 note) is amended by striking 

‘‘section 2323 of title 10, United States Code, and’’. 

(ii) Section 831(n) of the National Defense 

Authorization Act for Fiscal Year 1991 (Public Law 

101–510; 10 U.S.C. 2302 note) is amended— 

(I) in paragraph (4), by inserting ‘‘, as in effect 

on March 1, 2018’’ after ‘‘section 2323 of title 10, 

United States Code’’; and 

10 USC 2301 

prec. 

10 USC 161 prec. 

10 USC 2228 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1847 

(II) in paragraph (6), by striking ‘‘section 2323 

of title 10, United States Code, and’’. 

(iii) Section 8304(1) of the Federal Acquisition 

Streamlining Act of 1994 (10 U.S.C. 2375 note) is 

amended by striking ‘‘section 2323 of title 10, United 

States Code, or’’. 

(iv) Section 10004(a)(1) of the Federal Acquisition 

Streamlining Act of 1994 (41 U.S.C. 1122 note) is 

amended by striking ‘‘section 2323 of title 10, United 

States Code, or’’. 

(v) Section 2304(b)(2) of title 10, United States 

Code, is amended by striking ‘‘and concerns other than’’ 

and all that follows through ‘‘this title’’. 

(vi) Section 2304e(b) of title 10, United States 

Code, is amended— 

(I) by striking ‘‘other than—’’ and all that follows through ‘‘small’’ and inserting ‘‘other than 

small’’; 

(II) by striking ‘‘; or’’ and inserting a period; 

and 

(III) by striking paragraph (2). 

(vii) Section 2323a(a) of title 10, United States 

Code, is amended by striking ‘‘section 2323 of this 

title and’’. 

(viii) Section 15 of the Small Business Act (15 

U.S.C. 644) is amended— 

(I) in subsection (j)(3), by striking ‘‘section 

2323 of title 10, United States Code,’’; 

(II) in subsection (k)(10)— 

(aa) by striking ‘‘or section 2323 of title 

10, United States Code,’’ and all that follows 

through ‘‘subsection (m),’’; and 

(bb) by striking ‘‘subsection (a),’’ and 

inserting ‘‘subsection (a) or’’; and 

(III) by amending subsection (m) to read as 

follows: 

‘‘(m) ADDITIONAL DUTIES OF PROCUREMENT CENTER REPRESENTATIVES.—All procurement center representatives (including those 

referred to in subsection (k)(6)), in addition to such other duties 

as may be assigned by the Administrator, shall increase, insofar 

as possible, the number and dollar value of procurements that 

may be used for the programs established under this section and 

section 8(a).’’. 

(ix) Section 1902(b)(1) of title 41, United States 

Code, is amended by striking ‘‘, section 2323 of title 

10,’’. 

(3) SECTION 2332.— 

(A) REPEAL.—Section 2332 of title 10, United States 

Code, is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 137 of such title is amended 

by striking the item relating to section 2332. 

(b) OTHER PROVISIONS OF LAW.—The following provisions of 

law are repealed: 

(1) Section 934 of the National Defense Authorization Act 

for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a 

note). 

10 USC 2301 

prec. 


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132 STAT. 1848 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) Section 804 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a 

note). 

(3) Section 804 of the National Defense Authorization Act 

for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 

note). 

(4) Section 829 of the National Defense Authorization Act 

for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 

note). 

(5) Section 818(g) of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 

note). 

(6) Section 815(b) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 

note). 

(7) Section 141 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

10 U.S.C. 2302 note). 

(8) Section 801(b) of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 

note). 

(9) Section 352 of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 

10 U.S.C. 2302 note). 

(10) Section 9004 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note). 

(11) Section 802 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

10 U.S.C. 2304 note). 

(12) Section 813 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

10 U.S.C. 2304 note). 

(13) Section 391 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 

note). 

(14) Section 927(b) of Public Laws 99–500, 99–591, and 

99–661 (10 U.S.C. 2304 note). 

(15) Section 1222(b) of the National Defense Authorization 

Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 

note). 

(16) Section 814(b) of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a 

note). 

(17) Section 834 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

10 U.S.C. 2304b note). 

(18) Section 803 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 

10 U.S.C. 2306a note). 

(19) Section 1075 of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315 

note). 

(20) Section 818 of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 

note). 

(21) Sections 908(a), (b), (c), and (e) of Public Laws 99– 

500, 99–591, and 99–661 (10 U.S.C. 2326 note). 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1849 

(22) Section 807 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 

note). 

(23) Section 808(d) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 

note). 

(24) Section 812(b)–(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 

2330 note). 

(25) Section 801(d)–(f) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 

2330 note). 

(26) Section 802 of the National Defense Authorization 

Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 

note). 

(27) Section 831 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

10 U.S.C. 2330a note). 

(28) Section 1032 of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 

10 U.S.C. 2358 note). 

(29) Section 241 of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 

10 U.S.C. 2358 note). 

(30) Section 913(b) of the National Defense Authorization 

Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 

note). 

(31) Sections 234(a) and (b) of the National Defense 

Authorization Act for Fiscal Year 1987 (Public Law 99–661; 

10 U.S.C. 2364 note). 

(32) Section 943(b) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a 

note). 

(33) Section 801 of the National Defense Authorization 

Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 

note). 

(34) Section 8133 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note). 

(35) Section 807(b) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

10 U.S.C. 2410p note). 

(36) Section 1058 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 10 U.S.C. 2430 note). 

(37) Section 838 of the National Defense Authorization 

Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 

note). 

(38) Section 809 of the National Defense Authorization 

Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 

note). 

(39) Section 833 of the National Defense Authorization 

Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 

note). 

(40) Section 839 of the National Defense Authorization 

Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 

note). 


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132 STAT. 1850 PUBLIC LAW 115–232—AUG. 13, 2018 

(41) Section 819 of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 

note). 

(42) Section 5064 of the Federal Acquisition Streamlining 

Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note). 

(43) Section 803 of the National Defense Authorization 

Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 

note). 

(44) Section 328 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 

note). 

(45) Section 347 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 

10 U.S.C. 2458 note). 

(46) Section 349 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 

10 U.S.C. 2458 note). 

(47) Section 395 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 

note). 

(48) Section 325 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

10 U.S.C. 2461 note). 

(49) Section 336 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 

note). 

(50) Section 353(a) of the National Defense Authorization 

Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 

note). 

(51) Section 353(b) of the National Defense Authorization 

Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 

note). 

(52) Section 356 of the National Defense Authorization 

Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 

note). 

(53) Section 1010 of the USA Patriot Act of 2001 (Public 

Law 107–56; 10 U.S.C. 2465 note). 

(54) Section 4101 of the National Defense Authorization 

Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500 

note). 

(55) Section 852 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 

note). 

(56) Section 823 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 

note). 

(57) Section 823 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 

10 U.S.C. 2533b note). 

(58) Section 804(h) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b 

note). 

(59) Section 842(b) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

10 U.S.C. 2533b note). 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1851 

(60) Section 343 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law 

by Public Law 106–398; 10 U.S.C. 4551 note). 

SEC. 813. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE REPORTING 

REQUIREMENTS. 

(a) AMENDMENTS TO TITLE 10, UNITED STATES CODE.—Title 

10, United States Code, is amended as follows: 

(1) SECTION 231A.— (A) REPEAL.—Section 231a is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 9 is amended by striking the 

item relating to section 231a. 

(2) SECTION 2276.—Section 2276 is amended by striking 

subsection (e). 

(b) NDAA FOR FY 2008.—The National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181) is amended— 

(1) in section 911(f) (10 U.S.C. 2271 note)— 

(A) in the subsection heading, by striking ‘‘; BIENNIAL

UPDATE’’; 

(B) in paragraph (3), by striking ‘‘, and each update 

required by paragraph (2),’’; and 

(C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and 

(2) in section 1034— 

(A) by striking subsection (d); and 

(B) by redesignating subsection (e) as subsection (d). 

(c) NDAA FOR FY 2009.—Section 1047(d) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 10 U.S.C. 2366b note) is amended— 

(1) in the subsection heading, by striking ‘‘BANDWIDTH’’ 

and all that follows through ‘‘The Secretary’’ and inserting 

‘‘BANDWIDTH REQUIREMENTS.—The Secretary’’; and 

(2) by striking paragraph (2). 

(d) NDAA FOR FY 2010.—Section 1244 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 

U.S.C. 1928 note) is amended by striking subsection (d). 

(e) NDAA FOR FY 2011.—Section 1217 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 22 U.S.C. 7513 note) is amended by striking subsection (i). 

(f) NDAA FOR FY 2013.—Section 524 of the National Defense 

Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 

Stat. 1723; 10 U.S.C. 1222 note) is amended by striking subsection 

(c). 

(g) NDAA FOR FY 2015.—Section 1026(d) of the Carl Levin 

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization 

Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3490) 

is repealed. 

(h) MILITARY CONSTRUCTION AUTHORIZATION ACT, 1982.—Section 703 of the Military Construction Authorization Act, 1982 

(Public Law 97–99; 95 Stat. 1376) is amended by striking subsection 

(g). 

(i) CONFORMING AMENDMENTS.— 

(1) NDAA FOR FY 2017.—Section 1061 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 10 U.S.C. 111 note) is amended— 

10 USC 272 note. 

10 USC 221 prec. 


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132 STAT. 1852 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) in subsection (c), by striking paragraphs (16) and 

(41); 

(B) in subsection (d), by striking paragraph (3); 

(C) in subsection (f), by striking paragraph (1); 

(D) in subsection (g), by striking paragraph (3); 

(E) in subsection (h), by striking paragraph (3); and 

(F) in subsection (i), by striking paragraphs (15), (17), 

and (24). 

(2) NDAA FOR FY 2000.—Section 1031 of the National 

Defense Authorization Act for Fiscal Year 2000 (Public Law 

106–65; 113 Stat. 749; 31 U.S.C. 1113 note) is amended by 

striking paragraph (32). 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK 

OR DELIVERY ORDER CONTRACTS. 

Section 2304a(d)(3)(A) of title 10, United States Code, is 

amended by striking ‘‘reasonably perform the work’’ and inserting 

‘‘efficiently perform the work’’. 

SEC. 817. PRELIMINARY COST ANALYSIS REQUIREMENT FOR EXERCISE 

OF MULTIYEAR CONTRACT AUTHORITY. 

Section 2306b(i)(2)(B) of title 10, United States Code, is 

amended— 

(1) by striking ‘‘made after the completion of a cost analysis’’ and inserting ‘‘supported by a preliminary cost analysis’’; 

and 

(2) by striking ‘‘for the purpose of section 2334(e)(1) of 

this title, and that the analysis supports those preliminary 

findings’’. 

SEC. 818. REVISION OF REQUIREMENT TO SUBMIT INFORMATION ON 

SERVICES CONTRACTS TO CONGRESS. 

(a) REVISION.—Section 2329(b) of title 10, United States Code, 

is amended— 

(1) by striking ‘‘October 1, 2022’’ and inserting ‘‘October 

1, 2021’’; and 

(2) in paragraph (1)— 

(A) by striking ‘‘at or about’’ and inserting ‘‘at or 

before’’; and 

(B) by inserting ‘‘or on the date on which the futureyears defense program is submitted to Congress under 

section 221 of this title’’ after ‘‘title 31’’; 

(3) in paragraph (3), by striking ‘‘and’’ at the end; 

(4) in paragraph (4), by striking the period at the end 

and inserting ‘‘; and’’; and 

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

‘‘(5) be included in the future-years defense program submitted to Congress under section 221 of this title.’’. 

(b) BRIEFING REQUIREMENT ON SERVICES CONTRACTS.—Not 

later than 180 days after the date of the enactment of this Act, 

and every 180 days thereafter until the requirements of section 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1853 

2329(b) of title 10, United States Code, are met, the Under Secretary 

of Defense for Acquisition and Sustainment shall brief the congressional defense committees on the progress of Department of Defense 

efforts to meet the requirements of such section, including relevant 

information on the methodology and implementation plans for 

future compliance. 

SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CONTRACTS. 

Section 2330a of title 10, United States Code, is amended 

in subsection (c)(1)— 

(1) by inserting ‘‘and contracts closely associated with 

inherently governmental functions’’ after ‘‘staff augmentation 

contracts’’; and 

(2) by striking ‘‘Under Secretary of Defense for Acquisition, 

Technology, and Logistics’’ each place it appears and inserting 

‘‘Under Secretary of Defense for Acquisition and Sustainment’’. 

SEC. 820. REPORT ON CLARIFICATION OF SERVICES CONTRACTING 

DEFINITIONS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report clarifying the definitions of and relationships between terms used by the Department of Defense related 

to services contracting, including the appropriate use of personal 

services contracts and nonpersonal services contracts, and the 

responsibilities of individuals in the acquisition workforce with 

respect to such contracts. 

SEC. 821. INCREASE IN MICRO-PURCHASE THRESHOLD APPLICABLE 

TO DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Section 2338 of title 10, United States Code, 

is amended by striking ‘‘Notwithstanding subsection (a) of section 

1902 of title 41, the micro-purchase threshold for the Department 

of Defense for purposes of such section is $5,000’’ and inserting 

‘‘The micro-purchase threshold for the Department of Defense is 

$10,000’’. 

(b) CONFORMING AMENDMENT.—Section 1902(a)(1) of title 41, 

United States Code, is amended by striking ‘‘sections 2338 and 

2339 of title 10 and’’. 

(c) REPEAL OF OBSOLETE AUTHORITY.— 

(1) IN GENERAL.—Section 2339 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 137 of title 10, United States Code, is 

amended by striking the item relating to section 2339. 

SEC. 822. DEPARTMENT OF DEFENSE CONTRACTING DISPUTE MATTERS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall carry 

out a study of the frequency and effects of bid protests involving 

the same contract award or proposed award that have been filed 

at both the Government Accountability Office and the United States 

Court of Federal Claims. The study shall cover Department of 

Defense contracts and include, at a minimum— 

(1) the number of protests that have been filed with both 

tribunals and results; 

10 USC 2302 

note. 

10 USC 2301 

prec. 


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132 STAT. 1854 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) the number of such protests where the tribunals differed 

in denying or sustaining the action; 

(3) the length of time, in average time and median time— 

(A) from initial filing at the Government Accountability 

Office to decision in the United States Court of Federal 

Claims; 

(B) from filing with each tribunal to decision by such 

tribunal; 

(C) from the time at which the basis of the protest 

is known to the time of filing in each tribunal; and 

(D) in the case of an appeal from a decision of the 

United States Court of Federal Claims, from the date of 

the initial filing of the appeal to decision in the appeal; 

(4) the number of protests where performance was stayed 

or enjoined and for how long; 

(5) if performance was stayed or enjoined, whether the 

requirement was obtained in the interim through another 

vehicle or in-house, or whether during the period of the stay 

or enjoining the requirement went unfulfilled; 

(6) separately for each tribunal, the number of protests 

where performance was stayed or enjoined and monetary damages were awarded, which shall include for how long performance was stayed or enjoined and the amount of monetary damages; 

(7) whether the protestor was a large or small business; 

and 

(8) whether the protestor was the incumbent in a prior 

contract for the same or similar product or service. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees, the Committee on the 

Judiciary of the Senate, and the Committee on the Judiciary of 

the House of Representatives a report on the results of the study, 

along with related recommendations for improving the expediency 

of the bid protest process. In preparing the report, the Secretary 

shall consult with the Attorney General of the United States, the 

Comptroller General of the United States, and the United States 

Court of Federal Claims. 

(c) ONGOING DATA COLLECTION.—Not later than 270 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall establish and continuously maintain a data repository to collect on an ongoing basis the information described in subsection 

(a) and any additional relevant bid protest data the Secretary 

determines necessary and appropriate to allow the Department 

of Defense, the Government Accountability Office, and the United 

States Court of Federal Claims to assess and review bid protests 

over time. 

(d) ESTABLISHMENT OF EXPEDITED PROCESS FOR SMALL VALUE

CONTRACTS.— 

(1) IN GENERAL.—Not later than December 1, 2019, the 

Secretary of Defense shall develop a plan and schedule for 

an expedited bid protest process for Department of Defense 

contracts with a value of less than $100,000. 

(2) CONSULTATION.—In carrying out paragraph (1), the Secretary of Defense may consult with the Government Accountability Office and the United States Court of Federal Claims 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1855 

to the extent such entities may establish a similar process 

at their election. 

(3) REPORT.—Not later than May 1, 2019, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the plan and schedule for implementation of the 

expedited bid protest process, which shall include a request 

for any additional authorities the Secretary determines appropriate for such efforts. 

SEC. 823. INCLUSION OF BEST AVAILABLE INFORMATION REGARDING 

PAST PERFORMANCE OF SUBCONTRACTORS AND JOINT 

VENTURE PARTNERS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense, in consultation with the Federal 

Acquisition Regulatory Council and the Administrator for Federal 

Procurement Policy, shall develop policies for the Department of 

Defense to ensure the best information regarding past performance 

of certain subcontractors and joint venture partners is available 

when awarding Department of Defense contracts. The policies shall 

include proposed revisions to the Defense Federal Acquisition Regulation Supplement as follows: 

(1) Required performance evaluations, as part of a government-wide evaluation reporting tool, for first-tier subcontractors 

on construction and architect-engineer contracts performing a 

portion of the contract valued at the threshold set forth in 

section 42.1502(e) of the Federal Acquisition Regulation, or 

20 percent of the value of the prime contract, whichever is 

higher, provided— 

(A) the information included in rating the subcontractor is not inconsistent with the information included 

in the rating for the prime contractor; 

(B) the subcontractor evaluation is conducted consistent with the provisions of section 42.15 of the Federal 

Acquisition Regulation; 

(C) negative evaluations of a subcontractor in no way 

obviate the prime contractor’s responsibility for successful 

completion of the contract and management of its subcontractors; and 

(D) that in the judgment of the contracting officer, 

the overall execution of the work is impacted by the 

performance of the subcontractor or subcontractors. 

(2) Required performance evaluations, as part of a government-wide evaluation reporting tool, of individual partners of 

joint venture-awarded construction and architect-engineer contracts valued at the threshold set forth in section 42.1502(e) 

of the Federal Acquisition Regulation, to ensure that past 

performance on joint venture projects is considered in future 

awards to individual joint venture partners, provided— 

(A) at a minimum, the rating for joint ventures includes 

an identification that allows the evaluation to be retrieved 

for each partner of the joint venture; 

(B) each partner, through the joint venture, is given 

the same opportunity to submit comments, rebutting statements, or additional information, consistent with the provisions of section 42.15 of the Federal Acquisition Regulation; 

and 

10 USC 2305 

note. 


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132 STAT. 1856 PUBLIC LAW 115–232—AUG. 13, 2018 

(C) the rating clearly identifies the responsibilities of 

joint venture partners for discrete elements of the work 

where the partners are not jointly and severally responsible 

for the project. 

(3) Processes to request exceptions from the annual evaluation requirement under section 42.1502(a) of the Federal 

Acquisition Regulation for construction and architect-engineer 

contracts where submission of the annual evaluations would 

not provide the best representation of the performance of a 

contractor, including subcontractors and joint venture partners, 

including— 

(A) where no severable element of the work has been 

completed; 

(B) where the contracting officer determines that— 

(i) an insubstantial portion of the contract work 

has been completed in the preceding year; and 

(ii) the lack of performance is at no fault to the 

contractor; or 

(C) where the contracting officer determines that there 

is an issue in dispute which, until resolved, would likely 

cause the annual rating to inaccurately reflect the past 

performance of the contractor. 

SEC. 824. SUBCONTRACTING PRICE AND APPROVED PURCHASING SYSTEMS. 

(a) AMENDMENT.—Section 893 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 10 U.S.C. 2302 note) is amended— 

(1) in subsection (g), by adding at the end the following 

new paragraph: 

‘‘(5) The term ‘approved purchasing system’ has the 

meaning given the term in section 44.101 of the Federal 

Acquisition Regulation (or any similar regulation).’’; and 

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

‘‘(i) CONSENT TO SUBCONTRACT.—If the contractor on a Department of Defense contract requiring a contracting officer’s written 

consent prior to the contractor entering into a subcontract has 

an approved purchasing system, the contracting officer may not 

withhold such consent without the written approval of the program 

manager.’’. 

(b) CONFORMING REGULATIONS.—Not later than 120 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall revise the Defense Federal Acquisition Regulation Supplement 

to conform with the amendments to section 893 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 10 U.S.C. 2302 note) made by this section. 

SEC. 825. MODIFICATION OF CRITERIA FOR WAIVERS OF REQUIREMENT FOR CERTIFIED COST AND PRICE DATA. 

Section 817(b)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 

2306a note) is amended by striking ‘‘; and’’ and inserting ‘‘; or’’. 

10 USC 2302 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1857 

Subtitle C—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 831. REVISIONS IN AUTHORITY RELATING TO PROGRAM COST 

TARGETS AND FIELDING TARGETS FOR MAJOR DEFENSE 

ACQUISITION PROGRAMS. 

(a) REVISIONS IN AUTHORITY RELATING TO PROGRAM COST AND

FIELDING TARGETS.—Section 2448a of title 10, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘Secretary of Defense’’ 

and inserting ‘‘designated milestone decision authority for the 

program’’; 

(2) by striking ‘‘the milestone decision authority for the 

major defense acquisition program approves a program that’’ 

and inserting ‘‘the program’’; 

(3) by striking subsection (b); and 

(4) by redesignating subsection (c) as subsection (b). 

(b) CONFORMING AMENDMENTS.— (1) Section 181(b) of title 10, United States Code, is 

amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4), (5), (6), and (7) 

as paragraphs (3), (4), (5), and (6), respectively. 

(2) Section 2366a(c)(1)(A) of such title is amended by 

striking ‘‘by the Secretary of Defense’’. 

(3) Section 2366b of such title is amended— 

(A) in subsection (a)(3)(D), by striking ‘‘Secretary of 

Defense after a request for such increase or delay by the’’; 

and 

(B) in subsection (c)(1)(A), by striking ‘‘by the Secretary 

of Defense’’. 

(4) Section 925(b)(1) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2361; 

10 U.S.C. 2448a note) is amended by striking ‘‘Deputy Secretary 

of Defense and the Vice Chairman of the Joint Chiefs of Staff’’ 

and inserting ‘‘designated milestone decision authority for the 

major defense acquisition program and the Vice Chief of Staff 

of the armed force concerned or, in the case of a program 

for which an alternate milestone decision authority is designated under section 2430(d)(2) of such title, the Vice Chairman of the Joint Chiefs of Staff’’. 

SEC. 832. IMPLEMENTATION OF RECOMMENDATIONS OF THE INDEPENDENT STUDY ON CONSIDERATION OF SUSTAINMENT 

IN WEAPONS SYSTEMS LIFE CYCLE. 

(a) IMPLEMENTATION REQUIRED.—Not later than 18 months 

after the date of the enactment of this Act, the Secretary of Defense 

shall, except as provided under subsection (b), commence 

implementation of each recommendation submitted as part of the 

independent assessment produced under section 844 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2290). 

(b) EXCEPTIONS.— 

(1) DELAYED IMPLEMENTATION.—The Secretary of Defense 

may commence implementation of a recommendation described 

under subsection (a) later than the date required under such 

10 USC 2443 

note. 


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132 STAT. 1858 PUBLIC LAW 115–232—AUG. 13, 2018 

subsection if the Secretary provides the congressional defense 

committees with a specific justification for the delay in 

implementation of such recommendation. 

(2) NONIMPLEMENTATION.—The Secretary of Defense may 

opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense 

committees— 

(A) the reasons for the decision not to implement the 

recommendation; and 

(B) a summary of the alternative actions the Secretary 

plans to take to address the purposes underlying the recommendation. 

(c) IMPLEMENTATION PLANS.—For each recommendation that 

the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense 

committees— 

(1) a summary of actions that have been taken to implement the recommendation; and 

(2) a schedule, with specific milestones, for completing the 

implementation of the recommendation. 

SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION 

PROGRAMS AND RELATED INITIATIVES. 

(a) IN GENERAL.—Chapter 131 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2229b. Comptroller General assessment of acquisition programs and initiatives 

‘‘(a) ASSESSMENT REQUIRED.—The Comptroller General of the 

United States shall submit to the congressional defense committees 

an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year 

from 2020 through 2023. 

‘‘(b) ANALYSES TO BE INCLUDED.—The assessment required 

under subsection (a) shall include— 

‘‘(1) a macro analysis of how well acquisition programs 

and initiatives are performing and reasons for that performance; 

‘‘(2) a summary of organizational and legislative changes 

and emerging assessment methodologies since the last assessment, and a discussion of the implications for execution and 

oversight of programs and initiatives; and 

‘‘(3) specific analyses of individual acquisition programs 

and initiatives. 

‘‘(c) ACQUISITION PROGRAMS AND INITIATIVES TO BE CONSIDERED.—The assessment required under subsection (a) shall consider 

the following programs and initiatives: 

‘‘(1) Selected weapon systems, as determined appropriate 

by the Comptroller General. 

‘‘(2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the 

Comptroller General. 

‘‘(3) Selected prototyping and rapid fielding activities and 

initiatives, as determined appropriate by the Comptroller General.’’. 

10 USC 2229b. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1859 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2229a the following new item: 

‘‘2229b. Comptroller General assessment of acquisition programs and related initiatives.’’. 

(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 883(d) of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 10 U.S.C. 2222 note) is amended by striking paragraph 

(1), effective on January 1, 2020. 

Subtitle D—Provisions Relating to 

Commercial Items 

SEC. 836. REVISION OF DEFINITION OF COMMERCIAL ITEM FOR PURPOSES OF FEDERAL ACQUISITION STATUTES. 

(a) DEFINITIONS IN CHAPTER 1 OF TITLE 41, UNITED STATES

CODE.— 

(1) SEPARATION OF ‘‘COMMERCIAL ITEM’’ DEFINITION INTO

DEFINITIONS OF ‘‘COMMERCIAL PRODUCT’’ AND ‘‘COMMERCIAL

SERVICE’’.—Chapter 1 of title 41, United States Code, is 

amended by striking section 103 and inserting the following 

new sections: 

‘‘§ 103. Commercial product 

‘‘In this subtitle, the term ‘commercial product’ means any 

of the following: 

‘‘(1) A product, other than real property, that— 

‘‘(A) is of a type customarily used by the general public 

or by nongovernmental entities for purposes other than 

governmental purposes; and 

‘‘(B) has been sold, leased, or licensed, or offered for 

sale, lease, or license, to the general public. 

‘‘(2) A product that— 

‘‘(A) evolved from a product described in paragraph 

(1) through advances in technology or performance; and 

‘‘(B) is not yet available in the commercial marketplace 

but will be available in the commercial marketplace in 

time to satisfy the delivery requirements under a Federal 

Government solicitation. 

‘‘(3) A product that would satisfy the criteria in paragraph 

(1) or (2) were it not for— 

‘‘(A) modifications of a type customarily available in 

the commercial marketplace; or 

‘‘(B) minor modifications made to meet Federal Government requirements. 

‘‘(4) Any combination of products meeting the requirements 

of paragraph (1), (2), or (3) that are of a type customarily 

combined and sold in combination to the general public. 

‘‘(5) A product, or combination of products, referred to 

in paragraphs (1) through (4), even though the product, or 

combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. 

‘‘(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition 

Regulation, that— 

41 USC 103. 

10 USC 2222 

note. 

10 USC 2201 

prec. 


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132 STAT. 1860 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘(A) the product was developed exclusively at private 

expense; and 

‘‘(B) has been sold in substantial quantities, on a 

competitive basis, to multiple State and local governments 

or to multiple foreign governments. 

‘‘§ 103a. Commercial service 

‘‘In this subtitle, the term ‘commercial service’ means any of 

the following: 

‘‘(1) Installation services, maintenance services, repair services, training services, and other services if— 

‘‘(A) those services are procured for support of a 

commercial product, regardless of whether the services are 

provided by the same source or at the same time as the 

commercial product; and 

‘‘(B) the source of the services provides similar services 

contemporaneously to the general public under terms and 

conditions similar to those offered to the Federal Government; 

‘‘(2) Services of a type offered and sold competitively, in 

substantial quantities, in the commercial marketplace— 

‘‘(A) based on established catalog or market prices; 

‘‘(B) for specific tasks performed or specific outcomes 

to be achieved; and 

‘‘(C) under standard commercial terms and conditions. 

‘‘(3) A service described in paragraph (1) or (2), even though 

the service is transferred between or among separate divisions, 

subsidiaries, or affiliates of a contractor.’’. 

(2) CONFORMING AMENDMENTS TO TITLE 41 DEFINITIONS.— 

(A) DEFINITION OF COMMERCIAL COMPONENT.—Section 

102 of such title is amended by striking ‘‘commercial item’’ 

and inserting ‘‘commercial product’’. 

(B) DEFINITION OF COMMERCIALLY AVAILABLE OFF-THESHELF ITEM.—Section 104(1)(A) is amended by striking 

‘‘commercial item’’ and inserting ‘‘commercial product’’. 

(C) DEFINITION OF NONDEVELOPMENTAL ITEM.—Section 

110(1) of such title is amended by striking ‘‘commercial 

item’’ and inserting ‘‘commercial product’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1 of title 41, United States Code, is 

amended by striking the item relating to section 103 and 

inserting the following new items: 

‘‘103. Commercial product. 

‘‘103a. Commercial service.’’. 

(b) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF TITLE

41, UNITED STATES CODE.—Title 41, United States Code, is further 

amended as follows: 

(1) Section 1502(b) is amended— 

(A) in paragraph (1)(A), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products or commercial services’’; 

(B) in paragraph (1)(C)(i), by striking ‘‘commercial 

item’’ and inserting ‘‘commercial product or commercial 

service’’; and 

41 USC 101 prec. 

41 USC 103a. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1861 

(C) in paragraph (3)(A)(i), by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial 

services’’. 

(2) Section 1705(c) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products and commercial 

services’’. 

(3) Section 1708 is amended by striking ‘‘commercial items’’ 

in subsections (c)(6) and (e)(3) and inserting ‘‘commercial products or commercial services’’. 

(4) Section 1901 is amended— 

(A) in subsection (a)(2), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products or commercial services’’; and 

(B) in subsection (e)— 

(i) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES’’; and 

(ii) by striking ‘‘commercial items’’ and inserting 

‘‘commercial products or commercial services’’. 

(5) Section 1903(c) is amended— 

(A) in the subsection heading, by striking ‘‘COMMERCIAL

ITEM’’ and inserting ‘‘COMMERCIAL PRODUCT OR COMMERCIAL SERVICE’’; 

(B) in paragraph (1), by striking ‘‘as a commercial 

item’’ and inserting ‘‘as a commercial product or a commercial service’’; and 

(C) in paragraph (2), by striking ‘‘for an item or service 

treated as a commercial item’’ and inserting ‘‘for a product 

or service treated as a commercial product or a commercial 

service’’. 

(6)(A) Section 1906 is amended by striking ‘‘commercial 

items’’ each place it appears in subsections (b), (c), and (d) 

and inserting ‘‘commercial products or commercial services’’. 

(B)(i) The heading of such section is amended to read 

as follows: 

‘‘§ 1906. List of laws inapplicable to procurements of commercial products and commercial services’’. 

(ii) The table of sections at the beginning of chapter 19 

is amended by striking the item relating to section 1906 and 

inserting the following new item: 

‘‘1906. List of laws inapplicable to procurements of commercial products and commercial services.’’. 

(7) Section 3304 is amended by striking ‘‘commercial item’’ 

in subsections (a)(5) and (e)(4)(B) and inserting ‘‘commercial 

product’’. 

(8) Section 3305(a)(2) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(9) Section 3306(b) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(10)(A) Section 3307 is amended— 

(i) in subsection (a)— 

41 USC 1901 

prec. 

41 USC 1705. 


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132 STAT. 1862 PUBLIC LAW 115–232—AUG. 13, 2018 

(I) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES’’; 

(II) in paragraph (1), by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products and 

commercial services’’; and 

(III) in paragraph (2), by striking ‘‘a commercial 

item’’ and inserting ‘‘a commercial product or commercial service’’; 

(ii) in subsection (b)— 

(I) in paragraph (2), by striking ‘‘commercial items 

or, to the extent that commercial items suitable to 

meet the executive agency’s needs are not available, 

nondevelopmental items other than commercial items’’ 

and inserting ‘‘commercial services or commercial products or, to the extent that commercial products suitable 

to meet the executive agency’s needs are not available, 

nondevelopmental items other than commercial products’’; and 

(II) in paragraph (3), by striking ‘‘commercial items 

and nondevelopmental items other than commercial 

items’’ and inserting ‘‘commercial services, commercial 

products, and nondevelopmental items other than 

commercial products’’; 

(iii) in subsection (c)— 

(I) in paragraphs (1) and (2), by striking ‘‘commercial items or nondevelopmental items other than 

commercial items’’ and inserting ‘‘commercial services 

or commercial products or nondevelopmental items 

other than commercial products’’; 

(II) in paragraphs (3) and (4), by striking ‘‘commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial 

items’’ and inserting ‘‘commercial services or commercial products or, to the extent that commercial products 

suitable to meet the executive agency’s needs are not 

available, nondevelopmental items other than commercial products’’; and 

(III) in paragraphs (5) and (6), by striking 

‘‘commercial items’’ and inserting ‘‘commercial products 

and commercial services’’; 

(iv) in subsection (d)(2), by striking ‘‘commercial items 

or, to the extent that commercial items suitable to meet 

the executive agency’s needs are not available, nondevelopmental items other than commercial items’’ and inserting 

‘‘commercial services or commercial products or, to the 

extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental 

items other than commercial products’’; and 

(v) in subsection (e)— 

(I) in paragraph (1), by inserting ‘‘103a, 104,’’ after 

‘‘sections 102, 103,’’; 

(II) in paragraph (2)(A), by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’; 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1863 

(III) in the first sentence of paragraph (2)(B), by 

striking ‘‘commercial end items’’ and inserting ‘‘end 

items that are commercial products’’; 

(IV) in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), 

by striking ‘‘commercial items or commercial components’’ and inserting ‘‘commercial products, commercial 

components, or commercial services’’; 

(V) in paragraph (2)(C), in the matter preceding 

clause (i), by striking ‘‘commercial items’’ and inserting 

‘‘commercial products or commercial services’’; 

(VI) in paragraph (4)(A), by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’; 

(VII) in paragraph (4)(C)(i), by striking ‘‘commercial item, as described in section 103(5)’’ and inserting 

‘‘commercial product, as described in section 103a(1)’’; 

and 

(VIII) in paragraph (5), by striking ‘‘items’’ each 

place it appears and inserting ‘‘products’’. 

(B)(i) The heading of such section is amended to read 

as follows: 

‘‘§ 3307. Preference for commercial products and commercial 

services’’. 

(ii) The table of sections at the beginning of chapter 33 

is amended by striking the item relating to section 3307 and 

inserting the following new item: 

‘‘3307. Preference for commercial products and commercial services.’’. 

(11) Section 3501 is amended— 

(A) in subsection (a)— 

(i) by striking paragraph (1); 

(ii) by redesignating paragraphs (2) and (3) as 

paragraphs (1) and (2), respectively; and 

(iii) in paragraph (2) (as so redesignated), by 

striking ‘‘commercial items’’ and inserting ‘‘commercial 

products or commercial services’’; and 

(B) in subsection (b)— 

(i) by striking ‘‘ITEM’’ in the heading for paragraph 

(1); and 

(ii) by striking ‘‘commercial items’’ in paragraphs 

(1) and (2)(A) and inserting ‘‘commercial services’’. 

(12) Section 3503 is amended— 

(A) in subsection (a)(2), by striking ‘‘a commercial item’’ 

and inserting ‘‘a commercial product or a commercial 

service’’; and 

(B) in subsection (b)— 

(i) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCTS

OR COMMERCIAL SERVICES’’; and 

(ii) by striking ‘‘a commercial item’’ each place 

it appears and inserting ‘‘a commercial product or a 

commercial service’’. 

(13) Section 3505(b) is amended by striking ‘‘commercial 

items’’ each place it appears and inserting ‘‘commercial products 

or commercial services’’. 

41 USC 3301 

prec. 

41 USC 3307. 


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132 STAT. 1864 PUBLIC LAW 115–232—AUG. 13, 2018 

(14) Section 3509(b) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(15) Section 3704(c)(5) is amended by striking ‘‘commercial 

item’’ and inserting ‘‘commercial product’’. 

(16) Section 3901(b)(3) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(17) Section 4301(2) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(18)(A) Section 4505 is amended by striking ‘‘commercial 

items’’ in subsections (a) and (c) and inserting ‘‘commercial 

products or commercial services’’. 

(B)(i) The heading of such section is amended to read 

as follows: 

‘‘§ 4505. Payments for commercial products and commercial 

services’’. 

(ii) The table of sections at the beginning of chapter 45 

is amended by striking the item relating to section 4505 and 

inserting the following new item: 

‘‘4505. Payments for commercial products and commercial services.’’. 

(19) Section 4704(d) is amended by striking ‘‘commercial 

items’’ both places it appears and inserting ‘‘commercial products or commercial services’’. 

(20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are 

amended by striking ‘‘commercial items (as defined in section 

103 of this title)’’ and inserting ‘‘commercial products or 

commercial services (as defined in sections 103 and 103a, 

respectively, of this title)’’. 

(c) AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES

CODE.—Chapter 137 of title 10, United States Code, is amended 

as follows: 

(1) Section 2302(3) is amended— 

(A) by redesignating subparagraphs (J), (K), and (L) 

as subparagraphs (K), (L), and (M); and 

(B) by striking subparagraph (I) and inserting the following new subparagraphs (I) and (J): 

‘‘(I) The term ‘commercial product’. 

‘‘(J) The term ‘commercial service’.’’. 

(2) Section 2304 is amended— 

(A) in subsections (c)(5) and (f)(2)(B), by striking 

‘‘brand-name commercial item’’ and inserting ‘‘brand-name 

commercial product’’; 

(B) in subsection (g)(1)(B), by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial 

services’’; and 

(C) in subsection (i)(3), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products’’. 

(3) Section 2305 is amended— 

(A) in subsection (a)(2), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products or commercial services’’; and 

(B) in subsection (b)(5)(B)(v), by striking ‘‘commercial 

item’’ and inserting ‘‘commercial product’’. 

41 USC 4501 

prec. 

41 USC 3509. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1865 

(4) Section 2306(b) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(5) Section 2306a is amended— 

(A) in subsection (b)— 

(i) in paragraph (1)(B), by striking ‘‘a commercial 

item’’ and inserting ‘‘a commercial product or a 

commercial service’’; 

(ii) in paragraph (2)— 

(I) by striking ‘‘COMMERCIAL ITEMS’’ in the 

paragraph heading and inserting ‘‘COMMERCIAL

PRODUCTS OR COMMERCIAL SERVICES’’; and 

(II) by striking ‘‘commercial item’’ each place 

it appears and inserting ‘‘commercial product or 

commercial services’’; 

(iii) in paragraph (3)— 

(I) by striking ‘‘COMMERCIAL ITEMS’’ in the 

paragraph heading and inserting ‘‘COMMERCIAL

PRODUCTS’’; and 

(II) by striking ‘‘item’’ each place it appears 

and inserting ‘‘product’’; and 

(iv) in paragraph (4)— 

(I) by striking ‘‘COMMERCIAL ITEM’’ in the paragraph heading and inserting ‘‘COMMERCIAL

PRODUCT OR COMMERCIAL SERVICE’’; 

(II) by striking ‘‘commercial item’’ in subparagraph (A) after ‘‘applying the’’; 

(III) by striking ‘‘prior commercial item determination’’ in subparagraph (A) and inserting ‘‘prior 

commercial product or commercial service determination’’; 

(IV) by striking ‘‘of such item’’ in subparagraph 

(A) and inserting ‘‘of such product or service’’; 

(V) by striking ‘‘of an item previously determined to be a commercial item’’ in subparagraph 

(B) and inserting ‘‘of a product or service previously 

determined to be a commercial product or a 

commercial service’’; 

(VI) by striking ‘‘of a commercial item,’’ in 

subparagraph (B) and inserting ‘‘of a commercial 

product or a commercial service, as the case may 

be,’’; 

(VII) by striking ‘‘the commercial item determination’’ in subparagraph (B) and inserting ‘‘the 

commercial product or commercial service determination’’; and 

(VIII) by striking ‘‘commercial item’’ in 

subparagraph (C); and 

(v) in paragraph (5), by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’; 

(B) in subsection (d)(2), by striking ‘‘commercial items’’ 

each place it appears and inserting ‘‘commercial products 

or commercial services’’; and 

(C) in subsection (h)— 

10 USC 2306. 


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132 STAT. 1866 PUBLIC LAW 115–232—AUG. 13, 2018 

(i) in paragraph (2), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products or commercial services’’; and 

(ii) by striking paragraph (3). 

(6) Section 2307(f) is amended— 

(A) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection 

heading and inserting ‘‘COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES’’; and 

(B) by striking ‘‘commercial items’’ in paragraphs (1) 

and (2) and inserting ‘‘commercial products and commercial 

services’’. 

(7) Section 2320(b) is amended— 

(A) in paragraph (1), by striking ‘‘a commercial item, 

the item’’ and inserting ‘‘a commercial product, the 

product’’; and 

(B) in paragraph (9)(A), by striking ‘‘any noncommercial item or process’’ and inserting ‘‘any noncommercial 

product or process’’. 

(8) Section 2321(f) is amended— 

(A) in paragraph (1)— 

(i) by striking ‘‘commercial items’’ and inserting 

‘‘commercial products’’; and 

(ii) by striking ‘‘the item’’ both places it appears 

and inserting ‘‘commercial products’’; and 

(B) in paragraph (2)(A), in clauses (i) and (ii), by 

striking ‘‘commercial item’’ and inserting ‘‘commercial 

product’’. 

(9) Section 2324(l)(1)(A) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’. 

(10) Section 2335(b) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products and commercial 

services’’. 

(d) AMENDMENTS TO CHAPTER 140 OF TITLE 10, UNITED STATES

CODE.—Chapter 140 of title 10, United States Code, is amended 

as follows: 

(1) Section 2375 is amended— 

(A) in subsection (a), by striking ‘‘commercial item’’ 

in paragraphs (1) and (2) and inserting ‘‘commercial product 

or commercial service’’; 

(B) in subsections (b) and (c)— 

(i) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES’’; and 

(ii) by striking ‘‘commercial items’’ each place it 

appears and inserting ‘‘commercial products and 

commercial services’’; and 

(C) in subsection (e)(3), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products and commercial services’’. 

(2) Section 2376(1) is amended— 

(A) by striking ‘‘terms ‘commercial item’,’’ and inserting 

‘‘terms ‘commercial product’, ‘commercial service’,’’; and 

(B) by striking ‘‘chapter 1 of title 41’’ and inserting 

‘‘sections 103, 103a, 110, 105, and 102, respectively, of 

title 41’’. 

(3) Section 2377 is amended— 

10 USC 2307. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1867 

(A) in subsection (a)— 

(i) in paragraph (2), by striking ‘‘commercial items 

or, to the extent that commercial items suitable to 

meet the agency’s needs are not available, nondevelopmental items other than commercial items’’ and 

inserting ‘‘commercial services or commercial products 

or, to the extent that commercial products suitable 

to meet the agency’s needs are not available, nondevelopmental items other than commercial products’’; 

and 

(ii) in paragraph (3), by striking ‘‘commercial items 

and nondevelopmental items other than commercial 

items’’ and inserting ‘‘commercial services, commercial 

products, and nondevelopmental items other than 

commercial products’’; 

(B) in subsection (b)— 

(i) in paragraphs (1) and (2), by striking ‘‘commercial items or nondevelopmental items other than 

commercial items’’ and inserting ‘‘commercial services, 

commercial products, or nondevelopmental items other 

than commercial products’’; 

(ii) in paragraphs (3) and (4), by striking ‘‘commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, 

nondevelopmental items other than commercial items’’ 

and inserting ‘‘commercial services or commercial products or, to the extent that commercial products suitable 

to meet the agency’s needs are not available, nondevelopmental items other than commercial products’’; 

and 

(iii) in paragraphs (5) and (6), by striking ‘‘commercial items’’ and inserting ‘‘commercial products and 

commercial services’’; 

(C) in subsection (c)— 

(i) in paragraph (2), by striking ‘‘commercial items 

or, to the extent that commercial items suitable to 

meet the agency’s needs are not available, nondevelopmental items other than commercial items’’ and 

inserting ‘‘commercial services or commercial products 

or, to the extent that commercial products suitable 

to meet the agency’s needs are not available, nondevelopmental items other than commercial products’’; 

and 

(ii) in paragraph (4), by striking ‘‘items other than 

commercial items’’ and inserting ‘‘products other than 

commercial products or services other than commercial 

services’’; 

(D) in subsection (d)— 

(i) in the first sentence, by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products or commercial services’’; 

(ii) in paragraph (1), by striking ‘‘items’’ and 

inserting ‘‘products or services’’; and 

(iii) in paragraph (2), by striking ‘‘items’’ and 

inserting ‘‘products or services’’; and 


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132 STAT. 1868 PUBLIC LAW 115–232—AUG. 13, 2018 

(E) in subsection (e)(1), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products and commercial services’’. 

(4) Section 2379 is amended— 

(A) by striking ‘‘COMMERCIAL ITEMS’’ in the headings 

of subsections (b) and (c) and inserting ‘‘COMMERCIAL PROD- UCTS’’; 

(B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by 

striking ‘‘, as defined in section 103 of title 41’’; and 

(C) by striking ‘‘commercial item’’ and ‘‘commercial 

items’’ each place they appear and inserting ‘‘commercial 

product’’ and ‘‘commercial products’’, respectively. 

(5) Section 2380 is amended— 

(A) in subsection (a), by striking ‘‘commercial item 

determinations’’ in paragraphs (1) and (2) and inserting 

‘‘commercial product and commercial service determinations’’; and 

(B) in subsection (b) (as added by section 848 of the 

National Defense Authorization Act for Fiscal Year 2018)— 

(i) by striking ‘‘ITEM’’ in the subsection heading; 

(ii) by striking ‘‘an item’’ each place it appears 

and inserting ‘‘a product or service’’; 

(iii) by striking ‘‘item’’ after ‘‘using commercial’’ 

each place it appears; 

(iv) by striking ‘‘prior commercial item determination’’ and inserting ‘‘prior commercial product or service 

determination’’; 

(v) by striking ‘‘such item’’ and inserting ‘‘such 

product or service’’; and 

(vi) by striking ‘‘the item’’ both places it appears 

and inserting ‘‘the product or service’’. 

(6) Section 2380a is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘items and’’ and inserting ‘‘products 

and’’; and 

(ii) by striking ‘‘commercial items’’ and inserting 

‘‘commercial products and commercial services, respectively,’’; and 

(B) in subsection (b), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial services’’. 

(7) Section 2380B is amended by striking ‘‘commercial item’’ 

and inserting ‘‘commercial product’’. 

(8) AMENDMENTS TO HEADINGS, ETC.— 

(A) The heading of such chapter is amended to read 

as follows: 

‘‘CHAPTER 140—PROCUREMENT OF COMMERCIAL 

PRODUCTS AND COMMERCIAL SERVICES’’. 

(B) The heading of section 2375 is amended to read 

as follows: 

‘‘§ 2375. Relationship of other provisions of law to procurement of commercial products and commercial services’’. 

(C) The heading of section 2377 is amended to read 

as follows: 

10 USC 2375 

prec. 

10 USC 2379. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1869 

‘‘§ 2377. Preference for commercial products and commercial 

services’’. 

(D) The heading of section 2379 is amended to read 

as follows: 

‘‘§ 2379. Procurement of a major weapon system as a commercial product: requirement for prior determination 

by Secretary of Defense and notification to Congress’’. 

(E) The heading of section 2380 is amended to read 

as follows: 

‘‘§ 2380. Commercial product and commercial service determinations by Department of Defense’’. 

(F) The heading of section 2380a is amended to read 

as follows: 

‘‘§ 2380a. Treatment of certain products and services as 

commercial products and commercial services’’. 

(G) Section 2380B is redesignated as section 2380b 

and the heading of that section is amended to read as 

follows: 

‘‘§ 2380b. Treatment of commingled items purchased by contractors as commercial products’’. 

(H) The table of sections at the beginning of such 

chapter is amended to read as follows: 

‘‘2375. Relationship of other provisions of law to procurement of commercial products and commercial services. 

‘‘2376. Definitions. 

‘‘2377. Preference for commercial products and commercial services. 

‘‘2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to 

Congress. ‘‘2380. Commercial product and commercial service determinations by Department 

of Defense. 

‘‘2380a. Treatment of certain products and services as commercial products and commercial services. 

‘‘2380b. Treatment of commingled items purchased by contractors as commercial 

products.’’. 

(e) OTHER AMENDMENTS TO TITLE 10, UNITED STATES CODE.— 

Title 10, United States Code, is further amended as follows: 

(1) Section 2226(b) is amended by striking ‘‘for services’’ 

and all that follows through ‘‘deliverable items’’ and inserting 

‘‘for services or deliverable items’’. 

(2) Section 2384(b)(2) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products’’. 

(3) Section 2393(d) is amended by striking ‘‘commercial 

items (as defined in section 103 of title 41)’’ and inserting 

‘‘commercial products or commercial services (as defined in 

sections 103 and 103a, respectively, of title 41)’’. 

(4) Section 2402(d) is amended— 

(A) in paragraph (1), by striking ‘‘commercial items’’ 

both places it appears and inserting ‘‘commercial products 

or commercial services’’; and 

(B) in paragraph (2), by striking ‘‘the term’’ and all 

that follows and inserting ‘‘the terms ‘commercial product’ 

and ‘commercial service’ have the meanings given those 

terms in sections 103 and 103a, respectively, of title 41.’’. 

10 USC 2375 

prec. 

10 USC 2379. 


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132 STAT. 1870 PUBLIC LAW 115–232—AUG. 13, 2018 

(5) Section 2408(a)(4)(B) is amended by striking ‘‘commercial items (as defined in section 103 of title 41)’’ and inserting 

‘‘commercial products or commercial services (as defined in 

sections 103 and 103a, respectively, of title 41)’’. 

(6) Section 2410b(c) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products’’. 

(7) Section 2410g(d)(1) is amended by striking ‘‘Commercial 

items (as defined in section 103 of title 41)’’ and inserting 

‘‘Commercial products or commercial services (as defined in 

sections 103 and 103a, respectively, of title 41)’’. 

(8) Section 2447a is amended— 

(A) in subsection (a)(2), by striking ‘‘commercial items 

and technologies’’ and inserting ‘‘commercial products and 

technologies’’; and 

(B) in subsection (c), by inserting before the period 

at the end the following: ‘‘and the term ‘commercial product’ 

has the meaning given that term in section 103 of title 

41’’. 

(9) Section 2451(d) is amended by striking ‘‘commercial 

items’’ and inserting ‘‘commercial products (as defined in section 

103 of title 41)’’. 

(10) Section 2464 is amended— 

(A) in subsection (a)— 

(i) in paragraph (3), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products or commercial services’’; and 

(ii) in paragraph (5), by striking ‘‘The commercial 

items covered by paragraph (3) are commercial items’’ 

and inserting ‘‘The commercial products or commercial 

services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial 

services (as defined in section 103a of such title)’’; 

and 

(B) in subsection (c)— 

(i) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCTS

OR COMMERCIAL SERVICES’’; and 

(ii) by striking ‘‘commercial item’’ and inserting 

‘‘commercial product or commercial service’’. 

(11) Section 2484(f) is amended— 

(A) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection 

heading and inserting ‘‘COMMERCIAL PRODUCTS’’; and 

(B) by striking ‘‘commercial item’’ and inserting 

‘‘commercial product’’. 

(12) The items relating to chapter 140 in the tables of 

chapters at the beginning of subtitle A, and at the beginning 

of part IV of subtitle A, are amended to read as follows: 

‘‘140. Procurement of Commercial Products and Commercial Services ............................................................................................................ 2377’’. 

(f) AMENDMENTS TO PROVISIONS OF NATIONAL DEFENSE

AUTHORIZATION ACTS.— 

(1) Section 806(b) of the National Defense Authorization 

Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 

U.S.C. 2302 note) is amended by striking ‘‘commercial items 

(as defined in section 103 of title 41, United States Code)’’ 

and inserting ‘‘commercial products or commercial services (as 

10 USC 101 

prec., 2201 prec. 

10 USC 2408. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1871 

defined in sections 103 and 103a, respectively, of title 41, United 

States Code)’’. 

(2) Section 821(e) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law 

by Public Law 106–398; 10 U.S.C. 2302 note) is amended— 

(A) by striking paragraph (2); and 

(B) by redesignating paragraph (3) as paragraph (2). 

(3) Section 821(b) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 

note) is amended— 

(A) in paragraph (1), by striking ‘‘a commercial item’’ 

and inserting ‘‘a commercial product or a commercial 

service’’; 

(B) in paragraph (2), by striking ‘‘commercial item’’ 

and inserting ‘‘commercial product’’; and 

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

‘‘(3) The term ‘commercial service’ has the meaning provided by section 103a of title 41, United States Code.’’. 

(4) Section 817(d) of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107–314; 

10 U.S.C. 2306a note) is amended— 

(A) in paragraph (1), by striking ‘‘commercial item 

exceptions’’ and inserting ‘‘commercial product-commercial 

service exceptions’’; and 

(B) in paragraph (2), by striking ‘‘commercial item 

exception’’ and inserting ‘‘commercial product-commercial 

service exception’’; 

(5) Section 852(b)(2)(A)(ii) of the National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

10 U.S.C. 2324 note) is amended by striking ‘‘a commercial 

item, as defined in section 103 of title 41’’ and inserting ‘‘a 

commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41’’. 

(6) Section 805 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 

note) is amended— 

(A) in subsection (b), by striking ‘‘commercial items’’ 

in paragraphs (1) and (2)(A) and inserting ‘‘commercial 

services’’; and 

(B) in subsection (c)— 

(i) by striking ‘‘ITEM’’ in the headings for paragraphs (1) and (2) and inserting ‘‘SERVICES’’; 

(ii) in the matter in paragraph (1) preceding 

subparagraph (A), by striking ‘‘commercial item’’ and 

inserting ‘‘commercial service’’; 

(iii) in paragraph (1)(A), by striking ‘‘a commercial 

item, as described in section 103(5) of title 41’’ and 

inserting ‘‘a service, as described in section 103a(1) 

of title 41’’; 

(iv) in paragraph (1)(C)(i), by striking ‘‘section 

103(6) of title 41’’ and inserting ‘‘section 103a(2) of 

title 41’’; and 

(v) in paragraph (2), by striking ‘‘item’’ and 

inserting ‘‘service’’. 

(7) Section 849(d) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377 

note) is amended— 


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132 STAT. 1872 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) by striking ‘‘commercial items’’ in paragraph (1) 

and inserting ‘‘commercial products’’; 

(B) by striking ‘‘commercial item’’ in paragraph (3)(B)(i) 

and inserting ‘‘commercial product’’; and 

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

‘‘(5) DEFINITION.—In this subsection, the term ‘commercial 

product’ has the meaning given that term in section 103 of 

title 41.’’. 

(8) Section 856(a)(1) of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 

note) is amended by striking ‘‘commercial items or services’’ 

and inserting ‘‘a commercial product or a commercial service, 

as defined in sections 103 and 103a, respectively, of title 41,’’. 

(9) Section 879 of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 

note) is amended— 

(A) in the section heading, by striking ‘‘COMMERCIAL

ITEMS’’ and inserting ‘‘COMMERCIAL PRODUCTS’’; 

(B) in subsection (a), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products’’; 

(C) in subsection (c)(3)— 

(i) by striking ‘‘COMMERCIAL ITEMS’’ in the paragraph heading and inserting ‘‘COMMERCIAL PRODUCTS

OR COMMERCIAL SERVICES’’; and 

(ii) by striking ‘‘commercial items’’ and inserting 

‘‘commercial products or commercial services’’; and 

(D) in subsection (e)(2), by striking ‘‘item’’ in subparagraphs (A) and (B) and inserting ‘‘products’’. 

(10) Section 880 of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301 

note) is amended by striking ‘‘commercial items’’ in subsection 

(a)(1) and inserting ‘‘commercial products’’. 

(g) CONFORMING AMENDMENTS TO OTHER STATUTES.— 

(1) Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended— 

(A) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection 

heading and inserting ‘‘COMMERCIAL PRODUCTS’’; 

(B) by striking ‘‘procurement of commercial’’ in the 

first sentence and all that follows through ‘‘items listed’’ 

and inserting ‘‘procurement of commercial products notwithstanding section 1906 of title 41, United States Code, 

with the exception of commercial products listed’’; and 

(C) in the second sentence— 

(i) by inserting ‘‘product’’ after ‘‘commercial’’; and 

(ii) by striking ‘‘in the’’ and all that follows and 

inserting ‘‘in section 103 of title 41, United States 

Code.’’. 

(2) Section 142 of the Higher Education Act of 1965 (20 

U.S.C. 1018a) is amended— 

(A) in subsection (e)— 

(i) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES’’; 

(ii) by striking ‘‘that commercial items’’ and 

inserting ‘‘that commercial products or commercial 

services’’; 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1873 

(iii) by striking ‘‘special rules for commercial items’’ 

and inserting ‘‘special rules for commercial products 

and commercial services’’; 

(iv) by striking ‘‘without regard to—’’ and all that 

follows through ‘‘dollar limitation’’ and inserting ‘‘without regard to any dollar limitation’’; 

(v) by striking ‘‘; and’’ and inserting a period; and 

(vi) by striking paragraph (2); 

(B) in subsection (f)— 

(i) by striking ‘‘ITEMS’’ in the subsection heading 

and inserting ‘‘PRODUCTS AND SERVICES’’; 

(ii) by striking ‘‘ITEMS’’ in the heading of paragraph 

(2) and inserting ‘‘PRODUCTS AND SERVICES’’; and 

(iii) by striking ‘‘a commercial item’’ in paragraph 

(2) and inserting ‘‘a commercial product or a commercial service’’; 

(C) in subsection (h)— 

(i) by striking ‘‘ITEMS’’ in the subsection heading 

and inserting ‘‘SERVICES’’; and 

(ii) by striking ‘‘commercial items’’ in paragraph 

(1) and inserting ‘‘commercial services’’; and 

(D) in subsection (l)— 

(i) by redesignating paragraphs (2), (3), (4), and 

(5) as paragraphs (3), (4), (5), and (6), respectively; 

(ii) by striking paragraph (1) and inserting the 

following new paragraphs: 

‘‘(1) COMMERCIAL PRODUCT.—The term ‘commercial product’ 

has the meaning given the term in section 103 of title 41, 

United States Code. 

‘‘(2) COMMERCIAL SERVICE.—The term ‘commercial service’ 

has the meaning given the term in section 103a of title 41, 

United States Code.’’; 

(iii) in paragraph (3), as so redesignated, by 

striking ‘‘in section’’ and all that follows and inserting 

‘‘in section 152 of title 41, United States Code.’’; 

(iv) in paragraph (5), as so redesignated— 

(I) by striking ‘‘COMMERCIAL ITEMS’’ in the 

paragraph heading and inserting ‘‘COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES’’; 

(II) by striking ‘‘commercial items’’ and 

inserting ‘‘commercial products and commercial 

services’’; and 

(III) by striking ‘‘pursuant to’’ and all that 

follows and inserting ‘‘pursuant to sections 1901 

and 3305(a) of title 41, United States Code.’’; and 

(v) in paragraph (6), as so redesignated, by striking 

‘‘pursuant to’’ and all that follows and inserting ‘‘pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, 

United States Code.’’. 

(3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States 

Code, is amended by striking ‘‘commercial item’’ and inserting 

‘‘commercial product’’. 

(4) Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by striking 

‘‘commercial items’’ and inserting ‘‘commercial products’’. 

(5) Section 508(f) of the Federal Water Pollution Control 

Act (33 U.S.C. 1368(f)) is amended— 


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132 STAT. 1874 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) in paragraph (1), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products or commercial services’’; and 

(B) in paragraph (2), by striking ‘‘the term’’ and all 

that follows and inserting ‘‘the terms ‘commercial product’ 

and ‘commercial service’ have the meanings given those 

terms in sections 103 and 103a, respectively, of title 41, 

United States Code.’’. 

(6) Section 3707 of title 40, United States Code, is amended 

by striking ‘‘a commercial item (as defined in section 103 of 

title 41)’’ and inserting ‘‘a commercial product (as defined in 

section 103 of title 41) or a commercial service (as defined 

in section 103a of title 41)’’. 

(7) Subtitle III of title 40, United States Code, is amended— 

(A) in section 11101(1), by striking ‘‘COMMERCIAL

ITEM.—The term ‘commercial item’ has’’ and inserting 

‘‘COMMERCIAL PRODUCT.—The term ‘commercial product’ 

has’’; and 

(B) in section 11314(a)(3), by striking ‘‘items’’ each 

place it appears and inserting ‘‘products’’. 

(8) Section 8301(g) of the Federal Acquisition Streamlining 

Act of 1994 (42 U.S.C. 7606 note) is amended by striking 

‘‘commercial items’’ and inserting ‘‘commercial products or 

commercial services’’. 

(9) Section 40118(f) of title 49, United States Code, is 

amended— 

(A) in paragraph (1), by striking ‘‘commercial items’’ 

and inserting ‘‘commercial products’’; and 

(B) in paragraph (2), by striking ‘‘commercial item’’ 

and inserting ‘‘commercial product’’. 

(10) Chapter 501 of title 51, United States Code, is 

amended— 

(A) in section 50113(c)— 

(i) by striking ‘‘COMMERCIAL ITEM’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCT

OR COMMERCIAL SERVICE’’; and 

(ii) by striking ‘‘commercial item’’ in the second 

sentence and inserting ‘‘commercial product or commercial service’’; and 

(B) in section 50115(b)— 

(i) by striking ‘‘COMMERCIAL ITEM’’ in the subsection heading and inserting ‘‘COMMERCIAL PRODUCT

OR COMMERCIAL SERVICE’’; and 

(ii) by striking ‘‘commercial item’’ in the second 

sentence and inserting ‘‘commercial product or commercial service’’; and 

(C) in section 50132(a)— 

(i) by striking ‘‘COMMERCIAL ITEM’’ in the subsection heading and inserting ‘‘COMMERCIAL SERVICE’’; 

and 

(ii) by striking ‘‘commercial item’’ in the second 

sentence and inserting ‘‘commercial service’’. 

(h) EFFECTIVE DATE AND SAVINGS PROVISION.—The amendments made by subsections (a) through (g) shall take effect on 

January 1, 2020. Any provision of law that on the day before 

such effective date is on a list of provisions of law included in 

the Federal Acquisition Regulation pursuant to section 1907 of 

6 USC 453b note. 


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title 41, United States Code, shall be deemed as of that effective 

date to be on a list of provisions of law included in the Federal 

Acquisition Regulation pursuant to section 1906 of such title. 

(i) IMPLEMENTATION PLAN REQUIRED.—Not later than April 

1, 2019, the Under Secretary of Defense for Acquisition and 

Sustainment, in coordination with members of the Defense Business 

Board, the Defense Science Board, and the Defense Innovation 

Board as appropriate, shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives an 

implementation plan that contains the following elements: 

(1) An implementation timeline and schedule, to include 

substantive, technical, and conforming changes to the law that 

the Under Secretary deems appropriate and necessary, to 

include revising definitions or categories of items, products, 

and services. 

(2) A review of recommendations by the independent panel 

created under section 809 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889) 

pertaining to commercial items. 

(3) A review of commercial item provisions from the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92), the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328), the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91), 

and other relevant legislation. 

(4) An analysis of the extent to which the Department 

of Defense should treat commercial service contracts and 

commercial products in a similar manner. 

(5) Such other matters with respect to commercial item 

procurement as the Under Secretary considers appropriate. 

SEC. 837. LIMITATION ON APPLICABILITY TO DEPARTMENT OF 

DEFENSE COMMERCIAL CONTRACTS OF CERTAIN PROVISIONS OF LAW. 

(a) SECTION 2375.—Section 2375(b)(2) of title 10, United States 

Code, is amended by striking ‘‘January 1, 2015’’ and inserting 

‘‘October 13, 1994’’. 

(b) SECTION 2533A.—Section 2533a(i) of such title is amended— 

(1) in the subsection heading, by striking ‘‘ITEMS’’ and 

inserting ‘‘PRODUCTS’’; and 

(2) by striking ‘‘commercial items’’ and inserting ‘‘commercial products’’. 

(c) SECTION 2533B.—Section 2533b(h) of such title is amended— 

(1) in the subsection heading, by striking ‘‘ITEMS’’ and 

inserting ‘‘PRODUCTS’’; and 

(2) by striking ‘‘commercial items’’ each place it appears 

and inserting ‘‘commercial products’’. 

SEC. 838. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL 

E-COMMERCE PORTALS. 

(a) IN GENERAL.—Section 846 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 

U.S.C. 1901 note) is amended— 

(1) in subsection (f), by adding at the end the following 

new paragraph: 

‘‘(5) A procurement of a product made through a commercial 

e-commerce portal under the program established pursuant 

to subsection (a) is deemed to satisfy requirements for full 


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132 STAT. 1876 PUBLIC LAW 115–232—AUG. 13, 2018 

and open competition pursuant to section 2304 of title 10, 

United States Code, and section 3301 of title 41, United States 

Code, if— 

‘‘(A) there are offers from two or more suppliers of 

such a product or similar product with substantially the 

same physical, functional, or performance characteristics 

on the online marketplace; and 

‘‘(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 

days before implementing such procedures.’’; and 

(2) in subsection (h), by striking paragraph (3) and inserting 

the following: 

‘‘(3) agree not to use, for pricing, marketing, competitive, 

or other purposes, any information, including any Governmentowned data, such as purchasing trends or spending habits, 

related to a product from a third-party supplier featured on 

the commercial e-commerce portal or the transaction of such 

product, except as necessary to comply with the requirements 

of the program established in subsection (a).’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the implementation of any e-commerce portal under 

such section 846 to procure commercial products will be done 

in a manner that will enhance competition, expedite procurement, and ensure reasonable pricing of commercial products; 

(2) the implementation of the e-commerce portal will be 

completed with multiple contracts with multiple commercial 

e-commerce portal providers; and 

(3) the Administrator of the General Services Administration should require any e-commerce portal provider to take 

the necessary precautions to safeguard data of all other ecommerce portal providers and any third-party suppliers. 

SEC. 839. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON 

COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND 

COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS. 

(a) REVIEW OF DETERMINATIONS NOT TO EXEMPT CONTRACTS

FOR COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS FROM CERTAIN LAWS AND

REGULATIONS.—Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall— 

(1) review each determination of the Federal Acquisition 

Regulatory Council pursuant to section 1906(b)(2), section 

1906(c)(3), or section 1907(a)(2) of title 41, United States Code, 

not to exempt contracts or subcontracts from laws which such 

contracts and subcontracts would otherwise be exempt from 

under section 1906(d) of title 41, United States Code; and 

(2) propose revisions to the Federal Acquisition Regulation 

to provide an exemption from each law subject to such determination unless the Council determines that there is a specific 

reason not to provide the exemptions pursuant to section 1906 

of such title or the Administrator for Federal Procurement 

Policy determines there is a specific reason not to provide 

the exemption pursuant to section 1907 of such title. 

(b) REVIEW OF CERTAIN CONTRACT CLAUSE REQUIREMENTS

APPLICABLE TO COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

CONTRACTS.—Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall— 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1877 

(1) review the Federal Acquisition Regulation to assess 

all regulations that require a specific contract clause for a 

contract using commercial product or commercial services 

acquisition procedures under part 12 of the Federal Acquisition 

Regulation, except for regulations required by law or Executive 

order; and 

(2) propose revisions to the Federal Acquisition Regulation 

to eliminate regulations reviewed under paragraph (1) unless 

the Federal Acquisition Regulatory Council determines on a 

case-by-case basis that there is a specific reason not to eliminate 

the regulation. 

(c) ELIMINATION OF CERTAIN CONTRACT CLAUSE REGULATIONS

APPLICABLE TO COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM

SUBCONTRACTS.—Not later than one year after the date of the 

enactment of this Act, the Federal Acquisition Regulatory Council 

shall— 

(1) review the Federal Acquisition Regulation to assess 

all regulations that require a prime contractor to include a 

specific contract clause in a subcontract for commercially available off-the-shelf items unless the inclusion of such clause 

is required by law or Executive order; and 

(2) propose revisions to the Federal Acquisition Regulation 

to eliminate regulations reviewed under paragraph (1) unless 

the Federal Acquisition Regulatory Council determines on a 

case-by-case basis that there is a specific reason not to eliminate 

the regulation. 

(d) REPORT TO CONGRESS.— 

(1) REQUIREMENT.—Not later than one year after the date 

of the enactment of this Act, the Federal Acquisition Regulatory 

Council shall submit to the committees listed in paragraph 

(2) a report on the results of the reviews under this section. 

(2) COMMITTEES LISTED.—The committees listed in this 

paragraph are the following: 

(A) The Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs 

of the Senate. 

(B) The Committee on Armed Services and the Committee on Oversight and Government Reform of the House 

of Representatives. 

Subtitle E—Industrial Base Matters 

SEC. 841. REPORT ON LIMITED SOURCING OF SPECIFIC COMPONENTS 

FOR NAVAL VESSELS. 

(a) REPORT REQUIRED.—Not later than March 1, 2019, the 

Secretary of the Navy shall submit to the congressional defense 

committees a report that provides, for the components described 

in subsection (b), a market survey, a cost assessment, national 

security considerations, and a recommendation regarding whether 

competition for the procurement of the components should be limited to sources in the national technology and industrial base (as 

defined in section 2500 of title 10, United States Code). 

(b) COMPONENTS.—The components described in this subsection 

are the following: 

(1) Naval vessel components listed in section 2534(a)(3) 

of title 10, United States Code. 


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(2) The following components for auxiliary ships: 

(A) Auxiliary equipment, including pumps. 

(B) Propulsion system components, including engines, 

reduction gears, and propellers. 

(C) Shipboard cranes. 

(D) Spreaders for shipboard cranes. 

SEC. 842. REMOVAL OF NATIONAL INTEREST DETERMINATION 

REQUIREMENTS FOR CERTAIN ENTITIES. 

(a) IN GENERAL.—Effective October 1, 2020, a covered NTIB 

entity operating under a special security agreement pursuant to 

the National Industrial Security Program shall not be required 

to obtain a national interest determination as a condition for access 

to proscribed information. 

(b) ACCELERATION AUTHORIZED.—Notwithstanding the effective 

date of this section, the Secretary of Defense, in consultation with 

the Director of the Information Security Oversight Office, may 

waive the requirement to obtain a national interest determination 

for a covered NTIB entity operating under such a special security 

agreement that has— 

(1) a demonstrated successful record of compliance with 

the National Industrial Security Program; and 

(2) previously been approved for access to proscribed 

information. 

(c) DEFINITIONS.—In this section: 

(1) COVERED NTIB ENTITY.—The term ‘‘covered NTIB entity’’ 

means a person that is a subsidiary located in the United 

States— 

(A) for which the ultimate parent company and any 

intermediate parent companies of such subsidiary are 

located in a country that is part of the national technology 

and industrial base (as defined in section 2500 of title 

10, United States Code); and 

(B) that is subject to the foreign ownership, control, 

or influence requirements of the National Industrial Security Program. 

(2) PROSCRIBED INFORMATION.—The term ‘‘proscribed 

information’’ means information that is— 

(A) classified at the level of top secret; 

(B) communications security information (excluding 

controlled cryptographic items when un-keyed or utilized 

with unclassified keys); 

(C) restricted data (as defined in section 11 of the 

Atomic Energy Act of 1954 (42 U.S.C. 2014)); 

(D) special access program information under section 

4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 

U.S.C. 3161 note) or successor order; or 

(E) designated as sensitive compartmented information. 

SEC. 843. PILOT PROGRAM TO TEST MACHINE-VISION TECHNOLOGIES 

TO DETERMINE THE AUTHENTICITY AND SECURITY OF 

MICROELECTRONIC PARTS IN WEAPON SYSTEMS. 

(a) PILOT PROGRAM AUTHORIZED.—The Undersecretary of 

Defense for Research and Engineering, in coordination with the 

Defense Microelectronics Activity, shall establish a pilot program 

10 USC 2302 

note. 

10 USC 2536 

note. 


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to test the feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. 

(b) OBJECTIVES OF PILOT PROGRAM.—The Undersecretary of 

Defense for Research and Engineering, in coordination with the 

Defense Microelectronics Activity, shall design any pilot program 

conducted under this section to determine the following: 

(1) The effectiveness and technology readiness level of 

machine-vision technologies to determine the authenticity of 

microelectronic parts at the time of the creation of such part 

through final insertion of such part into weapon systems. 

(2) The best method of incorporating machine-vision technologies into the process of developing, transporting, and 

inserting microelectronics into weapon systems. 

(3) The rules, regulations, or processes that hinder the 

development and incorporation of machine-vision technologies, 

and the application of such rules, regulations, or processes 

to mitigate counterfeit microelectronics proliferation throughout 

the Department of Defense. 

(c) CONSULTATION.—To develop the pilot program under this 

section, the Undersecretary of Defense for Research and 

Engineering, in coordination with the Defense Microelectronics 

Activity, may consult with the following entities: 

(1) Manufacturers of semiconductors or electronics. 

(2) Industry associations relating to semiconductors or electronics. 

(3) Original equipment manufacturers of products for the 

Department of Defense. 

(4) Nontraditional defense contractors (as defined in section 

2302(9) of title 10, United States Code) that are machine vision 

companies. 

(5) Federal laboratories (as defined in section 2500(5) of 

title 10, United States Code). 

(6) Other elements of the Department of Defense that 

fall under the authority of the Undersecretary of Defense for 

Research and Engineering. 

(d) COMMENCEMENT AND DURATION.—The pilot program established under this section shall be established not later than April 

1, 2019, and all activities under such pilot program shall terminate 

not later than December 31, 2020. 

SEC. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION 

PROCESS. 

(a) IN GENERAL.—Section 2534 of title 10, United States Code, 

is amended by adding at the end the following new subsections: 

‘‘(k) LIMITATION ON CERTAIN PROCUREMENTS APPLICATION

PROCESS.— 

‘‘(1) IN GENERAL.—The Secretary of Defense shall administer a process to analyze and assess potential items for consideration to be required to be procured from a manufacturer 

that is part of the national technology and industrial base. 

‘‘(2) ELEMENTS.—The application process required under 

paragraph (1) shall include the following elements: 

‘‘(A) The Secretary shall designate an official within 

the Office of the Secretary of Defense responsible for 

administration of the limitation on certain procurements 

application process and associated policy. 


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132 STAT. 1880 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘(B) A person or organization that meets the definition 

of national technology and industrial base under section 

2500(1) of this title shall have the opportunity to apply 

for status as an item required to be procured from a manufacturer that is part of the national technology and industrial base. The application shall include, at a minimum, 

the following information: 

‘‘(i) Information demonstrating the applicant meets 

the criteria of a manufacturer in the national technology and industrial base under section 2500(1) of 

this title. 

‘‘(ii) For each item the applicant seeks to be 

required to be procured from a manufacturer that is 

part of the national technology and industrial base, 

the applicant shall include the following information: 

‘‘(I) The extent to which such item has 

commercial applications. 

‘‘(II) The number of such items to be procured 

by current programs of record. 

‘‘(III) The criticality of such item to a military 

unit’s mission accomplishment. 

‘‘(IV) The estimated cost and other considerations of reconstituting the manufacturing capability of such item, if not maintained in the 

national technology and industrial base. 

‘‘(V) National security regulations or restrictions imposed on such item that may not be 

imposed on a non-national technology and industrial base competitor. 

‘‘(VI) Non-national security-related Federal, 

State, and local government regulations imposed 

on such item that may not be imposed on a nonnational technology and industrial base competitor. 

‘‘(VII) The extent to which such item is fielded 

in current programs of record. 

‘‘(VIII) The extent to which cost and pricing 

data for such item has been deemed fair and 

reasonable. 

‘‘(3) CONSIDERATION OF APPLICATIONS.— 

‘‘(A) RESPONSIBILITY OF DESIGNATED OFFICIAL.—The 

official designated pursuant to paragraph (2)(A) shall be 

responsible for providing complete applications submitted 

pursuant to this subsection to the appropriate component 

acquisition executive for consideration not later than 15 

days after receipt of such application. 

‘‘(B) REVIEW.—Not later than 120 days after receiving 

a complete application, the component acquisition executive 

shall review such application, make a determination, and 

return the application to the official designated pursuant 

to paragraph (2)(A). 

‘‘(C) ELEMENTS OF DETERMINATION.—The determination required under subparagraph (B) shall, for each item 

proposed pursuant to paragraph (2)(B)(ii)— 

‘‘(i) recommend inclusion under this section; 

‘‘(ii) recommend inclusion under this section with 

further modifications; or 

‘‘(iii) not recommend inclusion under this section. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1881 

‘‘(D) JUSTIFICATION.—The determination required 

under subparagraph (B) shall also include the rationale 

and justification for the determination. 

‘‘(4) RECOMMENDATIONS FOR LEGISLATION.—For applications recommended under subsection (3), the official designated 

pursuant to paragraph (2)(A) shall be responsible for preparing 

a legislative proposal for consideration by the Secretary.’’. 

(b) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect one year after the date of the 

enactment of this Act. 

SEC. 845. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL BASE. 

(a) IN GENERAL.—Not later than January 31, 2019, the Secretary of Defense, in consultation with the Executive Agent for 

Printed Circuit Board and Interconnect Technology and the Director 

of the Office of Management and Budget, shall submit to Congress 

a report examining the health of the defense electronics industrial 

base, including analog and passive electronic parts, substrates, 

printed boards, assemblies, connectors, cabling, and related areas, 

both domestically and within the national technology and industrial 

base. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) An examination of current and planned partnerships 

with the commercial industry. 

(2) Analysis of the current and future defense electronics 

industrial base. 

(3) Threat assessment related to system security. 

(4) An assessment of the health of the engineering and 

production workforce. 

(5) A description of the electronics supply chain requirements of defense systems integral to meeting the goals of 

the 2018 National Defense Strategy. 

(6) Recommended actions to address areas deemed deficient 

or vulnerable, and a plan to formalize long-term resourcing 

for the Executive Agent. 

(7) Any other areas matters determined relevant by the 

Secretary. 

SEC. 846. SUPPORT FOR DEFENSE MANUFACTURING COMMUNITIES 

TO SUPPORT THE DEFENSE INDUSTRIAL BASE. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense may, in 

coordination with the Secretary of Commerce and working in 

coordination with the defense manufacturing institutes, establish within the Department of Defense a program to make 

long-term investments in critical skills, facilities, research and 

development, and small business support in order to strengthen 

the national security innovation base by designating and supporting consortiums as defense manufacturing communities. 

(2) DESIGNATION.—The program authorized by this section 

shall be known as the ‘‘Defense Manufacturing Community 

Support Program’’ (in this section referred to as the ‘‘Program’’). 

(b) DESIGNATION OF DEFENSE MANUFACTURING COMMUNITIES

COMPLEMENTARY TO DEFENSE MANUFACTURING INSTITUTES.— (1) IN GENERAL.—The Secretary of Defense may designate 

eligible consortiums as defense manufacturing communities 

10 USC 2501 

note. 

10 USC 2534 

note. 


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132 STAT. 1882 PUBLIC LAW 115–232—AUG. 13, 2018 

through a competitive process, and in coordination with the 

defense manufacturing institutes. 

(2) ELIGIBLE CONSORTIUMS.—The Secretary may establish 

eligibility criteria for a consortium to participate in the Program. In developing such criteria, the Secretary may consider 

the merits of— 

(A) including members from academia, defense 

industry, commercial industry, and State and local government organizations; 

(B) supporting efforts in geographical regions that have 

capabilities in key technologies or industrial base supply 

chains that are determined critical to national security; 

(C) optimal consortium composition and size to promote 

effectiveness, collaboration, and efficiency; and 

(D) complementarity with defense manufacturing 

institutes. 

(3) DURATION.—Each designation under paragraph (1) shall 

be for a period of five years. 

(4) RENEWAL.— 

(A) IN GENERAL.—The Secretary may renew a designation made under paragraph (1) for up to two additional 

two-year periods. Any designation as a defense manufacturing community or renewal of such designation that is 

in effect before the date of the enactment of this Act shall 

count toward the limit set forth in this subparagraph. 

(B) EVALUATION FOR RENEWAL.—The Secretary shall 

establish criteria for the renewal of a consortium. In establishing such criteria, the Secretary may consider— 

(i) the performance of the consortium in meeting 

the established goals of the Program; 

(ii) the progress the consortium has made with 

respect to project-specific metrics, particularly with 

respect to those metrics that were designed to help 

communities track their own progress; 

(iii) whether any changes to the composition of 

the eligible consortium or revisions of the plan for 

the consortium would improve the capabilities of the 

defense industrial base; 

(iv) the effectiveness of coordination with defense 

manufacturing institutes; and 

(v) such other criteria as the Secretary considers 

appropriate. 

(5) APPLICATION FOR DESIGNATION.—An eligible consortium 

seeking a designation under paragraph (1) shall submit an 

application to the Secretary at such time and in such manner 

as the Secretary may require. In developing such procedures, 

the Secretary may consider the inclusion of— 

(A) a description of the regional boundaries of the 

consortium, and the defense manufacturing capacity of the 

region; 

(B) an evidence-based plan for enhancing the defense 

industrial base through the efforts of the consortium; 

(C) the investments the consortium proposes and the 

strategy of the consortium to address gaps in the defense 

industrial base; 

(D) a description of the outcome-based metrics, benchmarks, and milestones that will track and the evaluation 


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methods that will be used to gauge performance of the 

consortium; 

(E) how the initiatives will complement defense manufacturing institutes; and 

(F) such other matters as the Secretary considers 

appropriate. 

(c) FINANCIAL AND TECHNICAL ASSISTANCE.— (1) IN GENERAL.—Under the Program, the Secretary of 

Defense may award financial or technical assistance to a 

member of a consortium designated as a defense manufacturing 

community under the Program as appropriate for purposes 

of the Program. 

(2) USE OF FUNDS.—A recipient of financial or technical 

assistance under the Program may use such financial or technical assistance to support an investment that will improve 

the defense industrial base. 

(3) INVESTMENTS SUPPORTED.—Investments supported 

under this subsection may include activities not already provided for by defense manufacturing institutes on— 

(A) equipment or facility upgrades; 

(B) workforce training, retraining, or recruitment and 

retention, including that of women and underrepresented 

minorities; 

(C) business incubators; 

(D) advanced research and commercialization, 

including with Federal laboratories and depots; 

(E) supply chain development; and 

(F) small business assistance. 

(d) RECEIPT OF TRANSFERRED FUNDS.—The Secretary of Defense 

may accept amounts transferred to the Secretary from the head 

of another agency or a State or local governmental organization 

to carry out this section. 

SEC. 847. LIMITATION ON PROCUREMENT OF CERTAIN ITEMS FOR 

T–AO–205 PROGRAM. 

Effective during fiscal year 2019, the Secretary of Defense 

may procure the following items for the T–AO–205 program only 

if the manufacturer of the item is in the United States: 

(1) Auxiliary equipment, including pumps, for all shipboard 

services. 

(2) Propulsion system components, including engines, 

reduction gears, and propellers. 

(3) Shipboard cranes. 

(4) Spreaders for shipboard cranes. 

Subtitle F—Small Business Matters 

SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY. 

(a) IN GENERAL.—Chapter 136 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2283. Department of Defense small business strategy 

‘‘(a) IN GENERAL.—The Secretary of Defense shall implement 

a small business strategy for the Department of Defense that meets 

the requirements of this section. 

‘‘(b) UNIFIED MANAGEMENT STRUCTURE.—As part of the small 

business strategy described in subsection (a), the Secretary shall 

10 USC 2283. 


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ensure that there is a unified management structure within the 

Department for the functions of the Department relating to— 

‘‘(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act); 

‘‘(2) manufacturing and industrial base policy; and 

‘‘(3) any procurement technical assistance program established under chapter 142 of this title. 

‘‘(c) PURPOSE OF SMALL BUSINESS PROGRAMS.—The Secretary 

shall ensure that programs and activities of the Department of 

Defense related to small business concerns are carried out so as 

to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth 

in section 801 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91; 131 Stat. 1449). 

‘‘(d) POINTS OF ENTRY INTO DEFENSE MARKET.—The Secretary 

shall ensure— 

‘‘(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; 

and 

‘‘(2) that small business concerns are able to have access 

to program managers, contracting officers, and other persons 

using the products or services of such concern to the extent 

necessary to inform such persons of emerging and existing 

capabilities of such concerns. 

‘‘(e) ENHANCED OUTREACH UNDER PROCUREMENT TECHNICAL

ASSISTANCE PROGRAM MARKET.—The Secretary shall enable and 

promote activities to provide coordinated outreach to small business 

concerns through any procurement technical assistance program 

established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.’’. 

(b) IMPLEMENTATION.— 

(1) DEADLINE.—The Secretary of Defense shall develop the 

small business strategy required by section 2283 of title 10, 

United States Code, as added by subsection (a), not later than 

180 days after the date of the enactment of this Act. 

(2) NOTICE TO CONGRESS AND PUBLICATION.—Upon completion of the development of the small business strategy pursuant 

to paragraph (1), the Secretary shall— 

(A) transmit the strategy to Congress; and 

(B) publish the strategy on a public website of the 

Department of Defense. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2283. Department of Defense small business strategy.’’. 

SEC. 852. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS. 

Section 2307(a) of title 10, United States Code, is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by striking ‘‘The head of any agency may—’’ and 

inserting ‘‘(1) The head of any agency may’’; and 

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

‘‘(2)(A) For a prime contractor (as defined in section 8701 of 

title 41) that is a small business concern (as defined in section 

3 of the Small Business Act (15 U.S.C. 632)), the Secretary of 

Defense shall, to the fullest extent permitted by law, establish 

10 USC 2281 

prec. 

10 USC 2283 

note. 


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an accelerated payment date with a goal of 15 days after receipt 

of a proper invoice for the amount due if a specific payment date 

is not established by contract. 

‘‘(B) For a prime contractor that subcontracts with a small 

business concern, the Secretary of Defense shall, to the fullest 

extent permitted by law, establish an accelerated payment date 

with a goal of 15 days after receipt of a proper invoice for the 

amount due if— 

‘‘(i) a specific payment date is not established by contract; 

and 

‘‘(ii) the prime contractor agrees to make payments to the 

subcontractor in accordance with the accelerated payment date, 

to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.’’. 

SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSINESS 

ADMINISTRATION MICROLOAN PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘intermediary’’ has the meaning given that 

term in section 7(m)(11) of the Small Business Act (15 U.S.C. 

636(m)(11)). 

(2) The term ‘‘microloan program’’ means the program 

established under section 7(m) of the Small Business Act (15 

U.S.C. 636(m)). 

(b) MICROLOAN INTERMEDIARY LENDING LIMIT INCREASED.—Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) 

is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’. 

(c) SBA STUDY OF MICROENTERPRISE PARTICIPATION.—Not later 

than one year after the date of the enactment of this section, 

the Administrator of the Small Business Administration shall conduct a study and submit to the Committee on Small Business 

and Entrepreneurship of the Senate and the Committee on Small 

Business of the House of Representatives a report on— 

(1) the operations (including services provided, structure, 

size, and area of operation) of a representative sample of— 

(A) intermediaries that are eligible to participate in 

the microloan program and that do participate; and 

(B) intermediaries that are eligible to participate in 

the microloan program and that do not participate; 

(2) the reasons why eligible intermediaries described in 

paragraph (1)(B) choose not to participate in the microloan 

program; 

(3) recommendations on how to encourage increased participation in the microloan program by eligible intermediaries 

described in paragraph (1)(B); and 

(4) recommendations on how to decrease the costs associated with participation in the microloan program for eligible 

intermediaries. 

(d) GAO STUDY ON MICROLOAN INTERMEDIARY PRACTICES.— 

Not later than one year after the date of the enactment of this 

section, the Comptroller General of the United States shall submit 

to the Committee on Small Business and Entrepreneurship of the 

Senate and the Committee on Small Business of the House of 

Representatives a report evaluating— 

(1) oversight of the microloan program by the Small Business Administration, including oversight of intermediaries 

participating in the microloan program; and 


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(2) the specific processes used by the Small Business 

Administration to ensure— 

(A) compliance by intermediaries participating in the 

microloan program; and 

(B) the overall performance of the microloan program. 

SEC. 854. AMENDMENTS TO SMALL BUSINESS INNOVATION RESEARCH 

PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER 

PROGRAM. 

(a) EXTENSION OF PILOT PROGRAMS.—Section 9 of the Small 

Business Act (15 U.S.C. 638) is amended— 

(1) in subsection (cc), by striking ‘‘2017’’ and inserting 

‘‘2022’’; 

(2) in subsection (gg)(7), by striking ‘‘2017’’ and inserting 

‘‘2022’’; 

(3) in subsection (jj)— 

(A) in paragraph (4)(A), by striking ‘‘3’’ and inserting 

‘‘4’’; and 

(B) in paragraph (7), by striking ‘‘2017’’ and inserting 

‘‘2022’’; 

(4) in subsection (mm)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘2017’’ and inserting ‘‘2022’’; 

(ii) in subparagraph (I), by striking ‘‘and’’ at the 

end; 

(iii) in subparagraph (J), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iv) by adding at the end the following: 

‘‘(K) funding for improvements that increase commonality across data systems, reduce redundancy, and 

improve data oversight and accuracy.’’; and 

(5) by adding at the end the following: 

‘‘(tt) OUTSTANDING REPORTS AND EVALUATIONS.— 

‘‘(1) IN GENERAL.—Not later than March 30, 2019, the 

Administrator shall submit to the Committee on Small Business 

and Entrepreneurship of the Senate, the Committee on Small 

Business of the House of Representatives, and the Committee 

on Science, Space, and Technology of the House of Representatives— 

‘‘(A) each report, evaluation, or analysis, as applicable, 

described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), 

(gg)(6), (jj)(6), and (mm)(6); and 

‘‘(B) metrics regarding, and an evaluation of, the 

authority provided to the National Institutes of Health, 

the Department of Defense, and the Department of Education under subsection (cc). 

‘‘(2) INFORMATION REQUIRED.—Not later than December 31, 

2018, the head of each agency that is responsible for carrying 

out a provision described in subparagraph (A) or (B) of paragraph (1) shall submit to the Administrator any information 

that is necessary for the Administrator to carry out the responsibilities of the Administrator under that paragraph.’’. 

(b) ACCELERATING SBIR AND STTR AWARDS.—Section 9 of the 

Small Business Act (15 U.S.C. 638) is amended— 

(1) in subsection (hh)— 


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(A) by striking ‘‘Federal agencies’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—Federal agencies’’; 

(B) in paragraph (1), as so designated, by striking 

‘‘attempt to’’; and 

(C) by adding at the end the following: 

‘‘(2) PILOT PROGRAM TO ACCELERATE DEPARTMENT OF

DEFENSE SBIR AND STTR AWARDS.— ‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of this paragraph, the Under Secretary 

of Defense for Research and Engineering, acting through 

the Director of Defense Procurement and Acquisition Policy 

of the Department of Defense, shall establish a pilot program to reduce the time for awards under the SBIR and 

STTR programs of the Department of Defense, under which 

the Department of Defense shall— 

‘‘(i) develop simplified and standardized procedures 

and model contracts throughout the Department of 

Defense for Phase I, Phase II, and Phase III SBIR 

awards; 

‘‘(ii) for Phase I SBIR and STTR awards, reduce 

the amount of time between solicitation closure and 

award; 

‘‘(iii) for Phase II SBIR and STTR awards, reduce 

the amount of time between the end of a Phase I 

award and the start of the Phase II award; 

‘‘(iv) for Phase II SBIR and STTR awards that 

skip Phase I, reduce the amount of time between solicitation closure and award; 

‘‘(v) for sequential Phase II SBIR and STTR 

awards, reduce the amount of time between Phase 

II awards; and 

‘‘(vi) reduce the award times described in clauses 

(ii), (iii), (iv), and (v) to be as close to 90 days as 

possible. 

‘‘(B) CONSULTATION.—In carrying out the pilot program 

under subparagraph (A), the Director of Defense Procurement and Acquisition Policy of the Department of Defense 

shall consult with the Director of the Office of Small Business Programs of the Department of Defense. 

‘‘(C) TERMINATION.—The pilot program under subparagraph (A) shall terminate on September 30, 2022.’’; and 

(2) in subsection (ii)— 

(A) by striking ‘‘Federal agencies’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—Federal agencies’’; and 

(B) by adding at the end the following: 

‘‘(2) COMPTROLLER GENERAL REPORTS.—The Comptroller 

General of the United States shall submit to the Committee 

on Small Business and Entrepreneurship of the Senate, the 

Committee on Armed Services of the Senate, the Committee 

on Small Business of the House of Representatives, and the 

Committee on Armed Services of the House of Representatives— 

‘‘(A) not later than 1 year after the date of enactment 

of this paragraph, and every year thereafter for 3 years, 

a report that— 


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‘‘(i) provides the average and median amount of 

time that each component of the Department of 

Defense with an SBIR or STTR program takes to 

review and make a final decision on proposals submitted under the program; and 

‘‘(ii) compares that average and median amount 

of time with that of other Federal agencies participating in the SBIR or STTR program; and 

‘‘(B) not later than December 5, 2021, a report that— 

‘‘(i) includes the information described in subparagraph (A); 

‘‘(ii) assesses where each Federal agency participating in the SBIR or STTR program needs improvement with respect to the proposal review and award 

times under the program; 

‘‘(iii) identifies best practices for shortening the 

proposal review and award times under the SBIR and 

STTR programs, including the pros and cons of using 

contracts compared to grants; and 

‘‘(iv) analyzes the efficacy of the pilot program 

established under subsection (hh)(2).’’. 

(c) IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.— 

(1) IN GENERAL.—Section 9(q) of the Small Business Act 

(15 U.S.C. 638(q)) is amended— 

(A) in the subsection heading, by inserting ‘‘AND BUSINESS’’ after ‘‘TECHNICAL’’; 

(B) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘a vendor selected under paragraph (2)’’ and inserting ‘‘1 or more vendors 

selected under paragraph (2)(A)’’; 

(II) by inserting ‘‘and business’’ before ‘‘assistance services’’; and 

(III) by inserting ‘‘assistance with product 

sales, intellectual property protections, market 

research, market validation, and development of 

regulatory plans and manufacturing plans,’’ after 

‘‘technologies,’’; and 

(ii) in subparagraph (D), by inserting ‘‘, including 

intellectual property protections’’ before the period at 

the end; 

(C) in paragraph (2)— 

(i) in the first sentence, by striking ‘‘Each agency 

may select a vendor to assist small business concerns 

to meet’’ and inserting the following: 

‘‘(A) IN GENERAL.—Each agency may select 1 or more 

vendors from which small business concerns may obtain 

assistance in meeting’’; and 

(ii) by adding at the end the following: 

‘‘(B) SELECTION BY SMALL BUSINESS CONCERN.—A small 

business concern may, by contract or otherwise, select 1 

or more vendors to assist the small business concern in 

meeting the goals listed in paragraph (1).’’; and 

(D) in paragraph (3)— 

(i) by inserting ‘‘(A)’’ after ‘‘paragraph (2)’’ each 

place that term appears; 


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(ii) in subparagraph (A), by striking ‘‘$5,000 per 

year’’ each place that term appears and inserting 

‘‘$6,500 per year’’; 

(iii) in subparagraph (B)— 

(I) by striking ‘‘$5,000 per year’’ each place 

that term appears and inserting ‘‘$50,000 per 

project’’; and 

(II) in clause (ii), by striking ‘‘which shall be 

in addition to the amount of the recipient’s award’’ 

and inserting ‘‘which may, as determined appropriate by the head of the Federal agency, be 

included as part of the recipient’s award or be 

in addition to the amount of the recipient’s award’’; 

(iv) in subparagraph (C)— 

(I) by inserting ‘‘or business’’ after ‘‘technical’’; 

(II) by striking ‘‘the vendor’’ and inserting ‘‘a 

vendor’’; and 

(III) by adding at the end the following: ‘‘Business-related services aimed at improving the 

commercialization success of a small business concern may be obtained from an entity, such as 

a public or private organization or an agency of 

or other entity established or funded by a State 

that facilitates or accelerates the commercialization of technologies or assists in the creation and 

growth of private enterprises that are commercializing technology.’’; 

(v) in subparagraph (D)— 

(I) by inserting ‘‘or business’’ after ‘‘technical’’ 

each place that term appears; and 

(II) in clause (i), by striking ‘‘the vendor’’ and 

inserting ‘‘1 or more vendors’’; and 

(vi) by adding at the end the following: 

‘‘(E) MULTIPLE AWARD RECIPIENTS.—The Administrator 

shall establish a limit on the amount of technical and 

business assistance services that may be received or purchased under subparagraph (B) by a small business concern 

that has received multiple Phase II SBIR or STTR awards 

for a fiscal year.’’; and 

(E) by adding at the end the following: 

‘‘(4) ANNUAL REPORTING.— 

‘‘(A) IN GENERAL.—A small business concern that 

receives technical or business assistance from a vendor 

under this subsection during a fiscal year shall submit 

to the Federal agency contracting with the vendor a description of the technical or business assistance provided and 

the benefits and results of the technical or business assistance provided. 

‘‘(B) USE OF EXISTING REPORTING MECHANISM.—The 

information required under subparagraph (A) shall be collected by a Federal agency as part of a report required 

to be submitted by small business concerns engaged in 

SBIR or STTR projects of the Federal agency for which 

the requirement was in effect on the date of enactment 

of this paragraph.’’. 

(2) REVIEW.—Not later than the end of fiscal year 2019, 

the Administrator of the Small Business Administration shall— 


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(A) conduct a survey of vendors providing technical 

or business assistance under section 9(q) of the Small Business Act (15 U.S.C. 638(q)), as amended by paragraph 

(1), and small business concerns receiving the technical 

or business assistance; and 

(B) submit to the Committee on Small Business and 

Entrepreneurship of the Senate and the Committee on 

Small Business of the House of Representatives a report 

reviewing the efficacy of the provision of the technical 

or business assistance. 

SEC. 855. CONSTRUCTION CONTRACT ADMINISTRATION. 

Section 15 of the Small Business Act (15 U.S.C. 644) is amended 

by adding at the end the following new subsection: 

‘‘(w) SOLICITATION NOTICE REGARDING ADMINISTRATION OF

CHANGE ORDERS FOR CONSTRUCTION.— 

‘‘(1) IN GENERAL.—With respect to any solicitation for the 

award of a contract for construction anticipated to be awarded 

to a small business concern, the agency administering such 

contract shall provide a notice along with the solicitation to 

prospective bidders and offerors that includes— 

‘‘(A) information about the agency’s policies or practices 

in complying with the requirements of the Federal Acquisition Regulation relating to the timely definitization of 

requests for an equitable adjustment; and 

‘‘(B) information about the agency’s past performance 

in definitizing requests for equitable adjustments in accordance with paragraph (2). 

‘‘(2) REQUIREMENTS FOR AGENCIES.—An agency shall provide the past performance information described under paragraph (1)(B) as follows: 

‘‘(A) For the 3-year period preceding the issuance of 

the notice, to the extent such information is available. 

‘‘(B) With respect to an agency that, on the date of 

the enactment of this subsection, has not compiled the 

information described under paragraph (1)(B)— 

‘‘(i) beginning 1 year after the date of the enactment of this subsection, for the 1-year period preceding 

the issuance of the notice; 

‘‘(ii) beginning 2 years after the date of the enactment of this subsection, for the 2-year period preceding 

the issuance of the notice; and 

‘‘(iii) beginning 3 years after the date of the enactment of this subsection and each year thereafter, for 

the 3-year period preceding the issuance of the notice. 

‘‘(3) FORMAT OF PAST PERFORMANCE INFORMATION.—In the 

notice required under paragraph (1), the agency shall ensure 

that the past performance information described under paragraph (1)(B) is set forth separately for each definitization action 

that was completed during the following periods: 

‘‘(A) Not more than 30 days after receipt of a request 

for an equitable adjustment. 

‘‘(B) Not more than 60 days after receipt of a request 

for an equitable adjustment. 

‘‘(C) Not more than 90 days after receipt of a request 

for an equitable adjustment. 


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‘‘(D) Not more than 180 days after receipt of a request 

for an equitable adjustment. 

‘‘(E) Not more than 365 days after receipt of a request 

for an equitable adjustment. 

‘‘(F) More than 365 days after receipt of a request 

for an equitable adjustment. 

‘‘(G) After the completion of the performance of the 

contract through a contract modification addressing all 

undefinitized requests for an equitable adjustment received 

during the term of the contract.’’. 

SEC. 856. COMPTROLLER GENERAL STUDY OF IMPACT OF BROADBAND 

SPEED AND PRICE ON SMALL BUSINESSES. 

(a) STUDY REQUIRED.—Subject to appropriations, the Comptroller General of the United States shall conduct a study evaluating 

the impact of broadband speed and price on small business concerns 

(as defined in section 3 of the Small Business Act (15 U.S.C. 

632)). 

(b) REPORT.—Not later than three years after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the Committee on Commerce, Science, and Transportation and the 

Committee on Small Business and Entrepreneurship of the Senate 

and the Committee on Energy and Commerce and the Committee 

on Small Business of the House of Representatives a report on 

the results of the study under subsection (a), including— 

(1) a survey of broadband speeds available to small business 

concerns; 

(2) a survey of the cost of broadband speeds available 

to small business concerns; 

(3) a survey of the type of broadband technology used 

by small business concerns; and 

(4) any policy recommendations that may improve the 

access of small business concerns to comparable broadband 

services at comparable rates in all regions of the United States. 

SEC. 857. CONSOLIDATED BUDGET DISPLAY FOR THE DEPARTMENT 

OF DEFENSE SMALL BUSINESS INNOVATION RESEARCH 

PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER 

PROGRAM. 

(a) BUDGET DISPLAY SUBMISSION.—The Secretary of Defense, 

acting through the Under Secretary of Defense for Research and 

Engineering, shall include in the materials submitted to Congress 

by the Secretary of Defense in support of the budget of the President 

for each fiscal year (as submitted to Congress under section 1105 

of title 31, United States Code), a budget display for the funds 

assessed for the Small Business Innovation Research Program or 

the Small Business Technology Transfer Program (as such terms 

are defined, respectively, in section 9(e) of the Small Business 

Act (15 U.S.C. 638(e))) of the Department of Defense during the 

previous fiscal year. 

(b) BUDGET DISPLAY REQUIREMENTS.—The budget display under 

subsection (a) shall include— 

(1) for funds assessed, the amount obligated and expended, 

by appropriation and functional area, for the Small Business 

Innovation Research Program or the Small Business Technology 

Transfer Program; 

(2) information, by military department and other awarding 

organizations, on Phase I, II, and III awards; 


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(3) to the extent practicable, specific processes, products, 

technologies, or services that were transitioned to acquisition 

programs of record, or other follow-on contracts; and 

(4) an estimate of the Small Business Innovation Research 

Program and the Small Business Technology Transfer Program 

funding to be assessed during the period covered by the current 

future-years defense program (as defined under section 221 

of title 10, United States Code). 

(c) FIRST SUBMISSION.—The first budget display under subsection (a) shall be included with the budget for the President 

for fiscal year 2020. 

(d) CONGRESSIONAL COMMITTEES.—The budget display under 

subsection (a) shall be submitted to the congressional defense 

committees, with copies provided to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on 

Small Business of the House of Representatives. 

(e) TERMINATION.—The requirements of this section shall terminate on December 31, 2022. 

(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to modify or otherwise affect the requirement to expend 

amounts for the Small Business Innovation Research Program and 

the Small Business Technology Transfer Program of the Department 

of Defense under subsections (f) and (n) of section 9 of the Small 

Business Act (15 U.S.C. 638). 

SEC. 858. FUNDING FOR PROCUREMENT TECHNICAL ASSISTANCE PROGRAM. 

(a) AMOUNT OF ASSISTANCE FROM SECRETARY.—Section 2413(b) 

of title 10, United States Code, is amended— 

(1) by striking ‘‘not more than 65 percent’’ and inserting 

‘‘not more than 75 percent’’; and 

(2) in paragraph (1), by striking ‘‘more than 65 percent, 

but not more than 75 percent’’ and inserting ‘‘more than 75 

percent, but not more than 85 percent’’. 

(b) FUNDING FOR ELIGIBLE ENTITIES.—Section 2414(a) of such 

title is amended— 

(1) in paragraph (1), by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’; (2) in paragraph (2), by striking ‘‘$450,000’’ and inserting ‘‘$750,000’’; (3) in paragraph (3), by striking ‘‘$300,000’’ and inserting ‘‘$450,000’’; and (4) in paragraph (4), by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

SEC. 859. AUTHORIZATION FOR PAYMENT OF CERTAIN COSTS 

RELATING TO PROCUREMENT TECHNICAL ASSISTANCE 

CENTERS. 

(a) AUTHORIZATION TO PAY COSTS RELATING TO MEETINGS OF

ELIGIBLE ENTITIES.—Section 2417 of title 10, United States Code, 

is amended— 

(1) in the heading, by inserting ‘‘and other’’ after 

‘‘Administrative’’; 

(2) by striking ‘‘chapter, an amount’’ and inserting 

‘‘chapter— 

‘‘(1) an amount’’; 

(3) by striking the period at the end and inserting ‘‘; and’’; 

and 


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

‘‘(2) an amount determined appropriate by the Director 

to assist eligible entities in payment of costs of eligible entities 

— 

‘‘(A) for meetings to discuss best practices for the 

improvement of the operations of procurement technical 

assistance centers; and 

‘‘(B) for membership dues for any association of such 

centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this 

chapter, and voluntary participation on any committees 

or board of such an association.’’. 

(b) BRIEFING.—Not later than six months after the date of 

the enactment of this Act, the Director of the Defense Logistics 

Agency shall brief the congressional defense committees on the 

recognition or lack of recognition by the Department of Defense 

of procurement technical assistance center associations and the 

rationale for the recognition or lack of recognition, including a 

discussion of whether the Department needs authority to recognize 

such associations. 

SEC. 860. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM. 

Section 9 of the Small Business Act (15 U.S.C. 638) is amended 

by adding at the end the following new subsection: 

‘‘(uu) COMMERCIALIZATION ASSISTANCE PILOT PROGRAMS.— 

‘‘(1) PILOT PROGRAMS IMPLEMENTED.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), not later than one year after the date of the enactment 

of this subsection, a covered agency shall implement a 

commercialization assistance pilot program, under which 

an eligible entity may receive a subsequent Phase II SBIR 

award. 

‘‘(B) EXCEPTION.—If the Administrator determines that 

a covered agency has a program that is sufficiently similar 

to the commercialization assistance pilot program established under this subsection, such covered agency shall 

not be required to implement a commercialization assistance pilot program under this subsection. 

‘‘(2) PERCENT OF AGENCY FUNDS.—The head of each covered 

agency may allocate not more than 5 percent of the funds 

allocated to the SBIR program of the covered agency for the 

purpose of making a subsequent Phase II SBIR award under 

the commercialization assistance pilot program. 

‘‘(3) TERMINATION.—A commercialization assistance pilot 

program established under this subsection shall terminate on 

September 30, 2022. 

‘‘(4) APPLICATION.—To be selected to receive a subsequent 

Phase II SBIR award under a commercialization assistance 

pilot program, an eligible entity shall submit to the covered 

agency implementing such pilot program an application at such 

time, in such manner, and containing such information as 

the covered agency may require, including— 

‘‘(A) an updated Phase II commercialization plan; and 

‘‘(B) the source and amount of the matching funding 

required under paragraph (5). 

‘‘(5) MATCHING FUNDING.— 


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‘‘(A) IN GENERAL.—The Administrator shall require, 

as a condition of any subsequent Phase II SBIR award 

made to an eligible entity under this subsection, that a 

matching amount (excluding any fees collected by the 

eligible entity receiving such award) equal to the amount 

of such award be provided from an eligible third-party 

investor. 

‘‘(B) INELIGIBLE SOURCES.—An eligible entity may not 

use funding from ineligible sources to meet the matching 

requirement of subparagraph (A). 

‘‘(6) AWARD.—A subsequent Phase II SBIR award made 

to an eligible entity under this subsection— 

‘‘(A) may not exceed the limitation described under 

subsection (aa)(1); and 

‘‘(B) shall be disbursed during Phase II. 

‘‘(7) USE OF FUNDS.—The funds awarded to an eligible 

entity under this subsection may only be used for research 

and development activities that build on eligible entity’s Phase 

II program and ensure the research funded under such Phase 

II is rapidly progressing towards commercialization. 

‘‘(8) SELECTION.—In selecting eligible entities to participate 

in a commercialization assistance pilot program under this 

subsection, the head of a covered agency shall consider— 

‘‘(A) the extent to which such award could aid the 

eligible entity in commercializing the research funded 

under the eligible entity’s Phase II program; 

‘‘(B) whether the updated Phase II commercialization 

plan submitted under paragraph (4) provides a sound 

approach for establishing technical feasibility that could 

lead to commercialization of such research; 

‘‘(C) whether the proposed activities to be conducted 

under such updated Phase II commercialization plan further improve the likelihood that such research will provide 

societal benefits; 

‘‘(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a 

subsequent Phase II SBIR award; 

‘‘(E) the expectations of the eligible third-party investor 

that provides matching funding under paragraph (5); and 

‘‘(F) the likelihood that the proposed activities to be 

conducted under such updated Phase II commercialization 

plan using matching funding provided by such eligible 

third-party investor will lead to commercial and societal 

benefit. 

‘‘(9) EVALUATION REPORT.—Not later than 6 years after 

the date of the enactment of this subsection, the Comptroller 

General of the United States shall submit to the Committee 

on Science, Space, and Technology and the Committee on Small 

Business of the House of Representatives, and the Committee 

on Small Business and Entrepreneurship of the Senate, a report 

including— 

‘‘(A) a summary of the activities of commercialization 

assistance pilot programs carried out under this subsection; 

‘‘(B) a detailed compilation of results achieved by such 

commercialization assistance pilot programs, including the 

number of eligible entities that received awards under such 

programs; 


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‘‘(C) the rate at which each eligible entity that received 

a subsequent Phase II SBIR award under this subsection 

commercialized research of the recipient; 

‘‘(D) the growth in employment and revenue of eligible 

entities that is attributable to participation in a commercialization assistance pilot program; 

‘‘(E) a comparison of commercialization success of 

eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase 

II SBIR award under subsection (ff); 

‘‘(F) demographic information, such as ethnicity and 

geographic location, of eligible entities participating in a 

commercialization assistance pilot program; 

‘‘(G) an accounting of the funds used at each covered 

agency that implements a commercialization assistance 

pilot program under this subsection; 

‘‘(H) the amount of matching funding provided by 

eligible third-party investors, set forth separately by source 

of funding; 

‘‘(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each 

covered agency; and 

‘‘(J) recommendations for improvements to the commercialization assistance pilot program. 

‘‘(10) DEFINITIONS.—For purposes of this subsection: 

‘‘(A) COVERED AGENCY.—The term ‘covered agency’ 

means a Federal agency required to have an SBIR program. 

‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible entity’ means 

a small business concern that has received a Phase II 

award under an SBIR program and an additional Phase 

II SBIR award under subsection (ff) from the covered 

agency to which such small business concern is applying 

for a subsequent Phase II SBIR award. 

‘‘(C) ELIGIBLE THIRD-PARTY INVESTOR.—The term 

‘eligible third-party investor’ means a small business concern other than an eligible entity, a venture capital firm, 

an individual investor, a non-SBIR Federal, State or local 

government, or any combination thereof. 

‘‘(D) INELIGIBLE SOURCES.—The term ‘ineligible sources’ 

means the following: 

‘‘(i) The eligible entity’s internal research and 

development funds. 

‘‘(ii) Funding in forms other than cash, such as 

in-kind or other intangible assets. 

‘‘(iii) Funding from the owners of the eligible entity, 

or the family members or affiliates of such owners. 

‘‘(iv) Funding attained through loans or other 

forms of debt obligations. 

‘‘(E) SUBSEQUENT PHASE II SBIR AWARD.—The term ‘subsequent Phase II SBIR award’ means an award granted 

to an eligible entity under this subsection to carry out 

further commercialization activities for research conducted 

pursuant to an SBIR program.’’. 


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132 STAT. 1896 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 861. PUERTO RICO BUSINESSES. 

(a) DEFINITION OF PUERTO RICO BUSINESS.—Section 3 of the 

Small Business Act (15 U.S.C. 632) is amended by adding at the 

end the following new subsection: 

‘‘(ee) PUERTO RICO BUSINESS.—In this Act, the term ‘Puerto 

Rico business’ means a small business concern that has its principal 

office located in the Commonwealth of Puerto Rico.’’. 

(b) SMALL BUSINESS CREDIT FOR PUERTO RICO BUSINESSES.— 

Section 15 of the Small Business Act (15 U.S.C. 644) is amended 

by adding at the end the following new subsection: 

‘‘(x) SMALL BUSINESS CREDIT FOR PUERTO RICO BUSINESSES.— 

‘‘(1) CREDIT FOR MEETING CONTRACTING GOALS.—If an 

agency awards a prime contract to Puerto Rico business during 

the period beginning on the date of enactment of this subsection 

and ending on the date that is 4 years after such date of 

enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement 

contracts under subsection (g)(1)(A)(i) during such period. 

‘‘(2) REPORT.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit 

to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense 

Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), 

an analysis of the number and dollar amount of prime contracts 

awarded pursuant to paragraph (1) for each fiscal year of 

the period described in such paragraph.’’. 

(c) PRIORITY FOR SURPLUS PROPERTY TRANSFERS.—Section 

7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is 

amended by adding at the end the following new clause: 

‘‘(iii)(I) In this clause, the term ‘covered period’ means 

the period beginning on the date of enactment of this clause 

and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates. 

‘‘(II) The Administrator may transfer technology or surplus 

property under clause (i) to a Puerto Rico business if the 

Puerto Rico business meets the requirements for such a 

transfer, without regard to whether the Puerto Rico business 

is a Program Participant.’’. 

(d) CONTRACTING INCENTIVES FOR PROTEGE FIRMS THAT ARE

PUERTO RICO BUSINESSES.— 

(1) IN GENERAL.—Section 45(a) of the Small Business Act 

(15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph: 

‘‘(3) PUERTO RICO BUSINESSES.—During the period beginning on the date of enactment of this paragraph and ending 

on the date on which the Oversight Board established under 

section 101 of the Puerto Rico Oversight, Management, and 

Economic Stability Act (48 U.S.C. 2121) terminates, the 

Administrator shall identify potential incentives to a covered 

mentor that awards a subcontract to its covered protege, 

including— 

‘‘(A) positive consideration in any past performance 

evaluation of the covered mentor; and 

‘‘(B) the application of costs incurred for providing 

training to such covered protege to the subcontracting plan 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1897 

(as required under paragraph (4) or (5) of section 8(d)) 

of the covered mentor.’’. 

(2) DEFINITIONS.—Section 45(d) of the Small Business Act 

(15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs: 

‘‘(4) COVERED MENTOR.—The term ‘covered mentor’ means 

a mentor that enters into an agreement under this Act, or 

under any mentor-protege program approved under subsection 

(b)(1), with a covered protege. 

‘‘(5) COVERED PROTEGE.—The term ‘covered protege’ means 

a protege of a covered mentor that is a Puerto Rico business.’’. 

(e) ADDITIONAL MENTOR-PROTEGE RELATIONSHIPS FOR PROTEGE

FIRMS THAT ARE PUERTO RICO BUSINESSES.—Section 45(b)(3)(A) 

of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended 

by inserting ‘‘, except that such restrictions shall not apply to 

up to 2 mentor-protege relationships if such relationships are 

between a covered protege and covered mentor’’ after ‘‘each participant’’. 

SEC. 862. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CONCERNS THROUGH SMALL BUSINESS ADMINISTRATION 

LOAN PROGRAMS. 

(a) DEFINITIONS.—In this Act— 

(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ means 

the Small Business Administration and the Administrator 

thereof, respectively; 

(2) the term ‘‘cooperative’’ means an entity that is determined to be a cooperative by the Administrator, in accordance 

with applicable Federal and State laws and regulations; 

(3) the term ‘‘employee-owned business concern’’ means— 

(A) a cooperative; and 

(B) a qualified employee trust; 

(4) the terms ‘‘qualified employee trust’’ and ‘‘small business 

concern’’ have the meanings given those terms in section 3 

of the Small Business Act (15 U.S.C. 632); and 

(5) the term ‘‘small business development center’’ means 

a small business development center described in section 21 

of the Small Business Act (15 U.S.C. 648). 

(b) EXPANSION OF 7(A) LOANS.— 

(1) IN GENERAL.—Section 7(a) of the Small Business Act 

(15 U.S.C. 636(a)) is amended— 

(A) in paragraph (15)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘this subsection to qualified 

employee trusts’’ and inserting ‘‘this subsection— 

‘‘(i) to qualified employee trusts’’; 

(II) in clause (i), as so designated— 

(aa) by inserting ‘‘, and for any transaction 

costs associated with purchasing,’’ after ‘‘purchasing’’; 

(bb) by striking the period at the end and 

inserting ‘‘; and’’; and 

(III) by adding at the end the following: 

‘‘(ii) to a small business concern under a plan approved 

by the Administrator, if the proceeds from the loan are 

only used to make a loan to a qualified employee trust, 

and for any transaction costs associated with making that 

15 USC 648 note. 


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132 STAT. 1898 PUBLIC LAW 115–232—AUG. 13, 2018 

loan, that results in the qualified employee trust owning 

at least 51 percent of the small business concern.’’; 

(ii) in subparagraph (B)— 

(I) in the matter preceding clause (i), by 

inserting ‘‘or by the small business concern’’ after 

‘‘the trustee of such trust’’; 

(II) in clause (ii), by striking ‘‘and’’ at the 

end; 

(III) in clause (iii), by striking the period at 

the end and inserting ‘‘, and’’; and 

(IV) by adding at the end the following: 

‘‘(iv) with respect to a loan made to a trust, or to 

a cooperative in accordance with paragraph (35)— 

‘‘(I) a seller of the small business concern may 

remain involved as an officer, director, or key employee 

of the small business concern when a qualified 

employee trust or cooperative has acquired 100 percent 

of ownership of the small business concern; and 

‘‘(II) any seller of the small business concern who 

remains as an owner of the small business concern, 

regardless of the percentage of ownership interest, 

shall be required to provide a personal guarantee by 

the Administration.’’; and 

(iii) by adding at the end the following: 

‘‘(F) A small business concern that makes a loan to a 

qualified employee trust under subparagraph (A)(ii) is not 

required to contain the same terms and conditions as the loan 

made to the small business concern that is guaranteed by 

the Administration under such subparagraph. 

‘‘(G) With respect to a loan made to a qualified employee 

trust under this paragraph, or to a cooperative in accordance 

with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided 

by the qualified employee trust or cooperative to make the 

loan.’’; and 

(B) by adding at the end the following: 

‘‘(35) LOANS TO COOPERATIVES.— 

‘‘(A) DEFINITION.—In this paragraph, the term ‘cooperative’ means an entity that is determined to be a cooperative 

by the Administrator, in accordance with applicable Federal 

and State laws and regulation. 

‘‘(B) AUTHORITY.—The Administration shall guarantee 

loans made to a cooperative for the purpose described in 

paragraph (15).’’. 

(2) DELEGATION OF AUTHORITY TO PREFERRED LENDERS.— 

Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) 

is amended by inserting ‘‘, including loans guaranteed under 

paragraph (15) or (35) of section 7(a)’’ after ‘‘deferred participation loans’’. 

(c) SMALL BUSINESS INVESTMENT COMPANY PROGRAM OUTREACH.—The Administrator shall provide outreach and educational 

materials to companies licensed under section 301(c) of the Small 

Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase 

the use of funds to make investments in company transitions to 

employee-owned business concerns. 

(d) SMALL BUSINESS MICROLOAN PROGRAM OUTREACH.—The 

Administrator shall provide outreach and educational materials 

15 USC 648 note. 

15 USC 648 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1899 

to intermediaries under section 7(m) of the Small Business Act 

(15 U.S.C. 636(m)) to increase the use of funds to make loans 

to employee-owned business concerns, including transitions to 

employee-owned business concerns. 

(e) SMALL BUSINESS DEVELOPMENT CENTER OUTREACH AND

ASSISTANCE.— 

(1) ESTABLISHMENT.—The Administrator shall establish a 

Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on 

the transition to employee ownership through cooperatives and 

qualified employee trusts. 

(2) SMALL BUSINESS DEVELOPMENT CENTERS.— 

(A) IN GENERAL.—In carrying out the program established under subsection (a), the Administrator shall enter 

into agreements with small business development centers 

under which the centers shall— 

(i) provide access to information and resources on 

employee ownership through cooperatives or qualified 

employee trusts as a business succession strategy; 

(ii) conduct training and educational activities; and 

(iii) carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business 

Act (15 U.S.C. 648(c)(3)). 

(B) ADDITIONAL SERVICES.—Section 21(c)(3) of the 

Small Business Act (15 U.S.C. 648(c)(3)) is amended— 

(i) in subparagraph (S), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (T), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(U) encouraging and assisting the provision of succession 

planning to small business concerns with a focus on 

transitioning to cooperatives, as defined in section 7(a)(35), 

and qualified employee trusts (collectively referred to in this 

subparagraph as ‘employee-owned business concerns’), 

including by— 

‘‘(i) providing training to individuals to promote the 

successful management, governance, or operation of a business purchased by those individuals in the formation of 

an employee-owned business concern; 

‘‘(ii) assisting employee-owned business concerns that 

meet applicable size standards established under section 

3(a) with education and technical assistance with respect 

to financing and contracting programs administered by the 

Administration; 

‘‘(iii) coordinating with lenders on conducting outreach 

on financing through programs administered by the 

Administration that may be used to support the transition 

of ownership to employees; 

‘‘(iv) supporting small business concerns in exploring 

or assessing the possibility of transitioning to an employeeowned business concern; and 

‘‘(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, 

community development financial institutions, employee 

15 USC 648 note. 


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132 STAT. 1900 PUBLIC LAW 115–232—AUG. 13, 2018 

ownership associations and service providers, and local, 

regional and national cooperative associations.’’. 

(f) AMENDMENT TO REPORT TO CONGRESS ON STATUS OF

EMPLOYEE-OWNED FIRMS.—Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking ‘‘Administration.’’ and inserting ‘‘Administration, which shall include— 

‘‘(i) the total number of loans made to employeeowned business concerns that were guaranteed by the 

Administrator under section 7(a) of the Small Business 

Act (15 U.S.C. 636(a)) or section 502 of the Small 

Business Investment Act of 1958 (15 U.S.C. 696), 

including the number of loans made— 

‘‘(I) to small business concerns owned and controlled by socially and economically disadvantaged 

individuals; and 

‘‘(II) to cooperatives; 

‘‘(ii) the total number of financings made to 

employee-owned business concerns by companies 

licensed under section 301(c) of the Small Business 

Investment Act of 1958 (15 U.S.C. 696(c)), including 

the number of financings made— 

‘‘(I) to small business concerns owned and controlled by socially and economically disadvantaged 

individuals; and 

‘‘(II) to cooperatives; and 

‘‘(iii) any outreach and educational activities conducted by the Administration with respect to employeeowned business concerns.’’. 

(g) REPORT ON COOPERATIVE LENDING.— 

(1) SENSE OF CONGRESS.—It is the sense of Congress that 

cooperatives have a unique business structure and are unable 

to access the lending programs of the Administration effectively 

due to loan guarantee requirements that are incompatible with 

the business structure of cooperatives. 

(2) STUDY AND REPORT.— 

(A) STUDY.—The Administrator, in coordination with 

lenders, stakeholders, and Federal agencies, shall study 

and recommend practical alternatives for cooperatives that 

will satisfy the loan guarantee requirements of the 

Administration. 

(B) REPORT.—Not later than 180 days after the date 

of enactment of this Act, the Administrator shall submit 

to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations. 

(h) AMENDMENT TO DEFINITION OF QUALIFIED EMPLOYEE

TRUST.—Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 

632(c)(2)(A)(ii)) is amended to read as follows: 

‘‘(ii) which provides that each participant is entitled 

to direct the plan trustee as to the manner of how to 

vote the qualified employer securities (as defined in section 

4975(e)(8) of the Internal Revenue Code of 1986), which 

are allocated to the account of such participant with respect 

to a corporate matter which (by law or charter) must be 

decided by a vote conducted in accordance with section 

409(e) of the Internal Revenue Code of 1986; and’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1901 

Subtitle G—Provisions Related to Software 

and Technical Data Matters 

SEC. 865. VALIDATION OF PROPRIETARY AND TECHNICAL DATA. 

Section 2321(f) of title 10, United States Code, is amended— 

(1) by striking ‘‘(1) Except as provided in paragraph (2), 

in’’ and inserting ‘‘In’’; and 

(2) by striking paragraph (2). 

SEC. 866. CONTINUATION OF TECHNICAL DATA RIGHTS DURING CHALLENGES. 

(a) EXERCISE OF RIGHTS IN TECHNICAL DATA BEFORE FINAL

DISPOSITION OF A CHALLENGE.—Section 2321(i) of title 10, United 

States Code, is amended— 

(1) in the subsection heading, by inserting ‘‘PRIOR TO AND’’ 

after ‘‘RIGHTS AND LIABILITY’’; 

(2) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; and 

(3) by inserting before paragraph (2), as so redesignated, 

the following new paragraph: 

‘‘(1) Upon filing of a suit or appeal under the contract dispute 

statute by a contractor or subcontractor in an agency Board of 

Contract Appeals or United States Claims Court related to a decision made by a contracting officer under subsection (g), the Secretary of Defense, or a Secretary of a military department for 

programs for which milestone decision authority has been delegated, 

on a nondelegable basis, may, following notice to the contractor 

or subcontractor, authorize use of the technical data in dispute 

if the Secretary determines in writing that compelling mission 

readiness requirements will not permit awaiting the final decision 

by the agency Board of Contract Appeals or the United States 

Claims Court.’’. 

(b) REVISION OF THE DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall revise the 

Defense Federal Acquisition Regulation Supplement, by interim 

or final rule, to implement the amendments made by subsection 

(a). 

(c) EFFECTIVE DATE.—The amendments made by subsection 

(a) and the revision required by subsection (b) shall become effective 

on the date of publication of the interim or final rule (whichever 

is earlier) required by subsection (b) and shall apply to solicitations 

issued by Department of Defense contracting activities after that 

date unless the senior procurement executive of the agency concerned grants a waiver on a case-by-case basis. 

(d) GUIDANCE ON TECHNICAL DATA RIGHT NEGOTIATION.—The 

Secretary of Defense shall develop policies on the negotiation of 

technical data rights for noncommercial software that reflects the 

Department of Defense’s needs for technical data rights in the 

event of a protest or replacement of incumbent contractor to meet 

defense requirements in the most cost effective manner. 

SEC. 867. REQUIREMENT FOR NEGOTIATION OF TECHNICAL DATA 

PRICE BEFORE SUSTAINMENT OF MAJOR WEAPON SYSTEMS. 

Section 2439 of title 10, United States Code, is amended— 

10 USC 2321 

note. 

10 USC 2321 

note. 

10 USC 2321 

note. 


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132 STAT. 1902 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) by inserting ‘‘, to the maximum extent practicable,’’ 

after ‘‘shall ensure’’; 

(2) by striking ‘‘or for the production of a major weapon 

system’’ and inserting ‘‘production of a major weapon system, 

or sustainment of a major weapon system’’; 

(3) by striking ‘‘or production’’ and inserting ‘‘, production, 

or sustainment’’; and 

(4) in the heading, by striking ‘‘or production’’ and 

inserting ‘‘, production, or sustainment’’. 

SEC. 868. IMPLEMENTATION OF RECOMMENDATIONS OF THE FINAL 

REPORT OF THE DEFENSE SCIENCE BOARD TASK FORCE 

ON THE DESIGN AND ACQUISITION OF SOFTWARE FOR 

DEFENSE SYSTEMS. 

(a) IMPLEMENTATION REQUIRED.—Not later than 18 months 

after the date of the enactment of this Act, the Secretary of Defense 

shall, except as provided under subsection (b), commence 

implementation of each recommendation submitted as part of the 

final report of the Defense Science Board Task Force on the Design 

and Acquisition of Software for Defense Systems. 

(b) EXCEPTIONS.— 

(1) DELAYED IMPLEMENTATION.—The Secretary of Defense 

may commence implementation of a recommendation described 

under subsection (a) later than the date required under such 

subsection if the Secretary provides the congressional defense 

committees with a specific justification for the delay in 

implementation of such recommendation. 

(2) NONIMPLEMENTATION.—The Secretary of Defense may 

opt not to implement a recommendation described under subsection (a) if the Secretary provides to the congressional defense 

committees— 

(A) the reasons for the decision not to implement the 

recommendation; and 

(B) a summary of the alternative actions the Secretary 

plans to take to address the purposes underlying the recommendation. 

(c) IMPLEMENTATION PLANS.—For each recommendation that 

the Secretary is implementing, or that the Secretary plans to implement, the Secretary shall submit to the congressional defense 

committees— 

(1) a summary of actions that have been taken to implement the recommendation; and 

(2) a schedule, with specific milestones, for completing the 

implementation of the recommendation. 

SEC. 869. IMPLEMENTATION OF PILOT PROGRAM TO USE AGILE OR 

ITERATIVE DEVELOPMENT METHODS REQUIRED UNDER 

SECTION 873 OF THE NATIONAL DEFENSE AUTHORIZATION 

ACT FOR FISCAL YEAR 2018. 

(a) IN GENERAL.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall include 

the following systems in the pilot program to use agile or iterative 

development methods pursuant to section 873 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 10 U.S.C. 2223a note): 

(1) Defense Retired and Annuitant Pay System 2 (DRAS2), 

Defense Logistics Agency. 

10 USC 2223a 

note. 

10 USC 2223a 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1903 

(2) Army Integrated Air and Missile Defense (AIAMD), 

Army. 

(3) Army Contract Writing System (ACWS), Army. 

(4) Defense Enterprise Accounting and Management 

System (DEAMS) Inc2, Air Force. 

(5) Item Master, Air Force. 

(b) ADDITIONS TO LIST.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall identify 

three additional systems for participation in the pilot program 

pursuant to section 873 of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a 

note) and notify the congressional defense committees of the additions. 

(c) COMMUNITY OF PRACTICE ADVISING ON AGILE OR ITERATIVE

DEVELOPMENT.—The Under Secretary of Defense for Acquisition 

and Sustainment shall establish a Community of Practice on agile 

or iterative methods so that programs that have been incorporating 

agile or iterative methods can share with programs participating 

in the pilot the lessons learned, best practices, and recommendations for improvements to acquisition and supporting processes. 

The Service Acquisition Executives of the military departments 

shall send representation from the following programs, which have 

reported using agile or iterative methods: 

(1) Air and Space Operations Center (AOC). 

(2) Command Control Battle Management and Communications (C2BMC). 

(3) The family of Distributed Common Ground Systems. 

(4) The family of Global Command and Control Systems. 

(5) Navy Personnel and Pay (NP2). 

(6) Other programs and activities as appropriate. 

(d) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall report to 

the congressional defense committees on the status of the pilot 

program and each system participating in the pilot. The report 

shall include the following elements: 

(1) A description of how cost and schedule estimates in 

support of the program are being conducted and using what 

methods. 

(2) The contracting strategy and types of contracts that 

will be used in executing the program. 

(3) A description of how intellectual property ownership 

issues associated with software applications developed with 

agile or iterative methods will be addressed to ensure future 

sustainment, maintenance, and upgrades to software applications after the applications are fielded. 

(4) A description of the tools and software applications 

that are expected to be developed for the program and the 

costs and cost categories associated with each. 

(5) A description of challenges the program has faced in 

realigning the program to use agile or iterative methods. 

(e) MODIFICATIONS TO PILOT PROGRAM SELECTION CRITERIA.— 

Section 873(a)(3)(B) of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note) is 

amended— 

(1) by inserting ‘‘or subsystems’’ after ‘‘In selecting systems’’; 


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132 STAT. 1904 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) in clause (i)(II), by striking ‘‘; and’’ and inserting ‘‘; 

or’’; and 

(3) in clause (ii)(II), by striking ‘‘; and’’ and inserting ‘‘; 

or’’. 

SEC. 870. REPORT ON REQUIRING ACCESS TO DIGITAL TECHNICAL 

DATA IN FUTURE ACQUISITIONS OF COMBAT, COMBAT 

SERVICE, AND COMBAT SUPPORT SYSTEMS. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on the feasibility and advisability 

of requiring access to digital technical data in all future acquisitions 

by the Department of Defense of combat, combat service, and combat support systems, including front-end negotiations for such 

access. Such report shall include a digital data standard for technical data for use by equipment manufacturers and the Department 

with regard to three-dimensional printed parts. 

Subtitle H—Other Matters 

SEC. 871. PROHIBITION ON ACQUISITION OF SENSITIVE MATERIALS 

FROM NON-ALLIED FOREIGN NATIONS. 

(a) IN GENERAL.—Subchapter V of chapter 148 of title 10, 

United States Code, is amended by inserting after section 2533b 

the following new section: 

‘‘§ 2533c. Prohibition on acquisition of sensitive materials 

from non-allied foreign nations 

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the 

Secretary of Defense may not— 

‘‘(1) procure any covered material melted or produced in 

any covered nation, or any end item that contains a covered 

material manufactured in any covered nation, except as provided by subsection (c); or 

‘‘(2) sell any covered material from the National Defense 

Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of 

the United States, to— 

‘‘(A) any covered nation; or 

‘‘(B) any third party that the Secretary reasonably 

believes is acting as a broker or agent for a covered nation 

or an entity in a covered nation. 

‘‘(b) APPLICABILITY.—Subsection (a) shall apply to prime contracts and subcontracts at any tier. 

‘‘(c) EXCEPTIONS.—Subsection (a) does not apply under the following circumstances: 

‘‘(1) If the Secretary of Defense determines that covered 

materials of satisfactory quality and quantity, in the required 

form, cannot be procured as and when needed at a reasonable 

price. 

‘‘(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described 

under subsection (a)(1) by the Secretary outside of the United 

States for use outside of the United States. 

‘‘(3) To the purchase by the Secretary of an end item 

containing a covered material that is— 

10 USC 2533c. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1905 

‘‘(A) a commercially available off-the-shelf item (as 

defined in section 104 of title 41), other than— 

‘‘(i) a commercially available off-the-shelf item that 

is 50 percent or more tungsten by weight; or 

‘‘(ii) a mill product, such as bar, billet, slab, wire, 

cube, sphere, block, blank, plate, or sheet, that has 

not been incorporated into an end item, subsystem, 

assembly, or component; 

‘‘(B) an electronic device, unless the Secretary of 

Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, 

determines that the domestic availability of a particular 

electronic device is critical to national security; or 

‘‘(C) a neodymium-iron-boron magnet manufactured 

from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the 

United States. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) COVERED MATERIAL.—The term ‘covered material’ 

means— 

‘‘(A) samarium-cobalt magnets; 

‘‘(B) neodymium-iron-boron magnets; 

‘‘(C) tungsten metal powder; and 

‘‘(D) tungsten heavy alloy or any finished or semifinished component containing tungsten heavy alloy. 

‘‘(2) COVERED NATION.—The term ‘covered nation’ means— 

‘‘(A) the Democratic People’s Republic of North Korea; 

‘‘(B) the People’s Republic of China; 

‘‘(C) the Russian Federation; and 

‘‘(D) the Islamic Republic of Iran. 

‘‘(3) END ITEM.—The term ‘end item’ has the meaning given 

in section 2533b(m) of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such subchapter is amended by inserting after the item 

relating to section 2533b the following item: 

‘‘2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations.’’. 

SEC. 872. EXTENSION OF PROHIBITION ON PROVIDING FUNDS TO THE 

ENEMY. 

Section 841(n) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 127 Stat. 3455; 10 U.S.C. 2302 note) is amended 

by striking ‘‘December 31, 2019’’ and inserting ‘‘December 31, 2021’’. 

SEC. 873. DATA, POLICY, AND REPORTING ON THE USE OF OTHER 

TRANSACTIONS. 

(a) COLLECTION AND STORAGE.—The Service Acquisition Executives of the military departments shall collect data on the use 

of other transactions by their respective departments, and the 

Under Secretary of Defense for Research and Engineering and 

the Under Secretary of Defense for Acquisition and Sustainment 

shall collect data on all other use by the Department of Defense 

of other transactions, including use by the Defense Agencies. The 

data shall be stored in a manner that allows the Assistant Secretary 

of Defense for Acquisition and other appropriate officials access 

at any time. 

10 USC 2371 

note. 

10 USC 2531 

prec. 


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132 STAT. 1906 PUBLIC LAW 115–232—AUG. 13, 2018 

(b) USE OF DATA.—The Assistant Secretary of Defense for 

Acquisition shall analyze and leverage the data collected under 

subsection (a) to update policy and guidance related to the use 

of other transactions. 

(c) REPORT REQUIRED.—Not later than December 31, 2018, 

and each December 31 thereafter through December 31, 2021, the 

Secretary of Defense shall submit to the congressional defense 

committees a report covering the preceding fiscal year on the 

Department’s use of other transaction authority. Each report shall 

summarize and display the data collected under subsection (a) 

on the nature and extent of the use of the authority, including 

a summary and detail showing— 

(1) organizations involved, quantities, amounts of payments, and purpose, description, and status of projects; and 

(2) highlights of successes and challenges using the 

authority, including case examples. 

SEC. 874. STANDARDIZATION OF FORMATTING AND PUBLIC ACCESSIBILITY OF DEPARTMENT OF DEFENSE REPORTS TO CONGRESS. 

(a) REPORT FORMATTING PLAN REQUIRED.—Not later than 

March 1, 2019, the Secretary of Defense shall provide a plan to 

the congressional defense committees on activities to standardize 

the formatting of unclassified Department of Defense reports 

required by Congress. Such plan shall include— 

(1) a description of the method for ensuring that reports 

are created in a platform-independent, machine-readable format 

that can be retrieved, downloaded, indexed, and searched by 

commonly used web search applications; and 

(2) a cost estimate and schedule for implementation of 

the activities under paragraph (1), with a completion date of 

not later than March 1, 2020. 

(b) ONLINE REPOSITORY PLAN REQUIRED.—Not later than March 

1, 2019, the Secretary of Defense shall provide a briefing to the 

congressional defense committees on the feasibility of developing 

a publically accessible online repository of unclassified reports of 

the Department of Defense issued since January 1, 2010. Such 

briefing shall include— 

(1) protocols for inclusion of unclassified reports that, as 

determined by the Secretary, may not be appropriate for public 

release in their entirety; and 

(2) a cost estimate and schedule for implementation and 

maintenance of the online repository. 

SEC. 875. PROMOTION OF THE USE OF GOVERNMENT-WIDE AND OTHER 

INTERAGENCY CONTRACTS. 

Section 865(b)(1) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 

U.S.C. 1535 note) is amended— 

(1) by striking ‘‘that all interagency acquisitions—’’ and 

inserting ‘‘that—’’; 

(2) in subparagraph (A)— 

(A) by inserting ‘‘all interagency assisted acquisitions’’ 

before ‘‘include’’; and 

(B) by inserting ‘‘and’’ after the semicolon; 

(3) by striking subparagraph (B); and 


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(4) by redesignating subparagraph (C) as subparagraph 

(B), and in that subparagraph by inserting ‘‘all interagency 

assisted acquisitions’’ before ‘‘include’’. 

SEC. 876. INCREASING COMPETITION AT THE TASK ORDER LEVEL. 

Section 3306(c) of title 41, United States Code, is amended— 

(1) in paragraph (1), by inserting ‘‘except as provided in 

paragraph (3),’’ in subparagraphs (B) and (C) after the subparagraph designation; and 

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

‘‘(3) EXCEPTIONS FOR CERTAIN INDEFINITE DELIVERY, INDEFINITE QUANTITY MULTIPLE-AWARD CONTRACTS AND CERTAIN FEDERAL SUPPLY SCHEDULE CONTRACTS FOR SERVICES ACQUIRED

ON AN HOURLY RATE.—If an executive agency issues a solicitation for one or more contracts for services to be acquired on 

an hourly rate basis under the authority of sections 4103 and 

4106 of this title or section 152(3) of this title and section 

501(b) of title 40 and the executive agency intends to make 

a contract award to each qualifying offeror and the contract 

or contracts will feature individually competed task or delivery 

orders based on hourly rates— 

‘‘(A) the contracting officer need not consider price 

as an evaluation factor for contract award; and 

‘‘(B) if, pursuant to subparagraph (A), price is not 

considered as an evaluation factor for contract award, cost 

or price to the Federal Government shall be considered 

in conjunction with the issuance pursuant to sections 

4106(c) and 152(3) of this title of any task or delivery 

order under any contract resulting from the solicitation. 

‘‘(4) DEFINITION.—In paragraph (3), the term ‘qualifying 

offeror’ means an offeror that— 

‘‘(A) is determined to be a responsible source; 

‘‘(B) submits a proposal that conforms to the requirements of the solicitation; 

‘‘(C) meets all technical requirements; and 

‘‘(D) is otherwise eligible for award.’’. 

SEC. 877. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING SERVICES. 

(a) IN GENERAL.—For the purpose of section 863 of Public 

Law 110–417, an individual acquisition for commercial leasing services shall not be construed as a purchase of property or services 

if such individual acquisition is made on a no cost basis and pursuant to a multiple award contract awarded in accordance with 

requirements for full and open competition. 

(b) AUDIT.—The Comptroller General of the United States 

shall— 

(1) conduct biennial audits of the General Services Administration National Broker Contract to determine— 

(A) whether brokers selected under the program provide lower lease rental rates than rates negotiated by General Services Administration staff; and 

(B) the impact of the program on the length of time 

of lease procurements; 

(2) conduct a review of whether the application of section 

863 of Public Law 110–417 to acquisitions for commercial 

41 USC 3302 

note. 


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132 STAT. 1908 PUBLIC LAW 115–232—AUG. 13, 2018 

leasing services resulted in rental cost savings for the Government during the years in which such section was applicable 

prior to the date of enactment of this section; and 

(3) not later than September 30, 2019, and September 

30, 2021, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Environment and Public Works of the Senate a report that— 

(A) summarizes the results of the audit and review 

required by paragraphs (1) and (2); 

(B) includes an assessment of whether the National 

Broker Contract provides greater efficiencies and savings 

than the use of General Services Administration staff; and 

(C) includes recommendations for improving General 

Services Administration lease procurements. 

(c) TERMINATION.—This section shall terminate on December 

31, 2022. 

SEC. 878. PROCUREMENT ADMINISTRATIVE LEAD TIME DEFINITION 

AND PLAN. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Administrator for Federal Procurement Policy shall develop, make available for public comment, 

and finalize— 

(1) a definition of the term ‘‘Procurement administrative 

lead time’’ or ‘‘PALT’’, to be applied Government-wide, that 

describes the amount of time from the date on which a solicitation for a contract or task order is issued to the date of an 

initial award of the contract or task order; and 

(2) a plan for measuring and publicly reporting data on 

PALT for Federal Government contracts and task orders in 

amounts greater than the simplified acquisition threshold. 

(b) REQUIREMENT FOR DEFINITION.—Unless the Administrator 

determines otherwise, the amount of time in the definition of PALT 

developed under subsection (a) shall— 

(1) begin on the date on which an initial solicitation is 

issued by a Federal department or agency for a contract or 

task order; and 

(2) end on the date of the award of the contract or task 

order. 

(c) COORDINATION.—In developing the definition of PALT, the 

Administrator shall coordinate with— 

(1) the senior procurement executives of Federal agencies; 

(2) the Secretary of Defense; and 

(3) the Administrator of the General Services Administration on modifying the existing data system of the Federal 

Government to determine the date on which the initial solicitation is issued. 

(d) USE OF EXISTING PROCUREMENT DATA SYSTEM.—In developing the plan for measuring and publicly reporting data on PALT 

required by subsection (a), the Administrator shall, to the maximum 

extent practicable, rely on the information contained in the Federal 

procurement data system established pursuant to section 1122(a)(4) 

of title 41, United States Code, including any modifications to 

that system. 

SEC. 879. BRIEFING ON FUNDING OF PRODUCT SUPPORT STRATEGIES. 

(a) BRIEFING REQUIRED.—For each of the fiscal years 2020, 

2021, and 2022, the Secretary of Defense shall provide an annotated 

41 USC 1122 

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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1909 

briefing to the congressional defense committees regarding the 

funding for product support strategies for major weapon systems. 

(b) CONTENTS.—The briefing shall include for each major 

weapon system— 

(1) a current estimate of the total funding required for 

the product support strategy for specific costs of the weapons 

system over its expected lifecycle; 

(2) a current estimate of the funding required for the 

product support strategy per year over the future years defense 

program for the specific product support costs of the weapon 

system; 

(3) a summary of the funding requested for the product 

support strategy in the future years defense program per year 

specifically for the weapon system; 

(4) a summary of the amounts expended to support costs 

specific to the weapon system as described in the product 

support strategy of the weapon system during the prior fiscal 

year; and 

(5) a summary of improvements made to data collection 

and analysis capabilities of the Department of Defense, 

including in the military services, to improve the analysis and 

cost estimation of lifecycle costs, improve the analysis and 

identification of cost drivers, reduce lifecycle cost variance, identify common and shared costs for multiple weapons systems, 

and isolate the lifecycle costs attributable to specific individual 

weapons systems. 

SEC. 880. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE 

SELECTION PROCESS. 

(a) STATEMENT OF POLICY.—It shall be the policy of the United 

States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny 

the Government the benefits of cost and technical tradeoffs in 

the source selection process. 

(b) REVISION OF FEDERAL ACQUISITION REGULATION.—Not later 

than 120 days after the date of the enactment of this Act, the 

Federal Acquisition Regulation shall be revised to require that, 

for solicitations issued on or after the date that is 120 days after 

the date of the enactment of this Act, lowest price technically 

acceptable source selection criteria are used only in situations in 

which— 

(1) an executive agency is able to comprehensively and 

clearly describe the minimum requirements expressed in terms 

of performance objectives, measures, and standards that will 

be used to determine acceptability of offers; 

(2) the executive agency would realize no, or minimal, 

value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request 

for proposal; 

(3) the proposed technical approaches will require no, or 

minimal, subjective judgment by the source selection authority 

as to the desirability of one offeror’s proposal versus a competing proposal; 

(4) the executive agency has a high degree of confidence 

that a review of technical proposals of offerors other than 

the lowest bidder would not result in the identification of factors 

that could provide value or benefit to the executive agency; 

41 USC 3701 

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132 STAT. 1910 PUBLIC LAW 115–232—AUG. 13, 2018 

(5) the contracting officer has included a justification for 

the use of a lowest price technically acceptable evaluation methodology in the contract file; and 

(6) the executive agency has determined that the lowest 

price reflects full life-cycle costs, including for operations and 

support. 

(c) AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION CRITERIA IN CERTAIN PROCUREMENTS.— 

To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the 

case of a procurement that is predominately for the acquisition 

of— 

(1) information technology services, cybersecurity services, 

systems engineering and technical assistance services, 

advanced electronic testing, audit or audit readiness services, 

health care services and records, telecommunications devices 

and services, or other knowledge-based professional services; 

(2) personal protective equipment; or 

(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States, 

including in Afghanistan or Iraq. 

(d) REPORT REQUIREMENT.—Not later than one year after the 

date of the enactment of this Act, and annually thereafter for 

two years, the Comptroller General of the United States shall 

submit to the appropriate congressional committees a report on 

the number of instances in which lowest price technically acceptable 

source selection criteria is used for a contract exceeding $5,000,000, 

including an explanation of how the situations listed in subsection 

(b) were considered in making a determination to use lowest price 

technically acceptable source selection criteria. 

(e) DEFINITIONS.—In this section: 

(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given that term in section 102 of title 40, United 

States Code, except that the term does not include the Department of Defense. 

(2) CONTINGENCY OPERATION.—The term ‘‘contingency operation’’ has the meaning given that term in section 101 of 

title 10, United States Code. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate. 

SEC. 881. PERMANENT SUPPLY CHAIN RISK MANAGEMENT AUTHORITY. 

(a) PERMANENT EXTENSION OF AUTHORITY.— 

(1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 2339a. Requirements for information relating to supply 

chain risk 

‘‘(a) AUTHORITY.—Subject to subsection (b), the head of a covered agency may— 

‘‘(1) carry out a covered procurement action; and 

10 USC 2339a. 


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‘‘(2) limit, notwithstanding any other provision of law, in 

whole or in part, the disclosure of information relating to the 

basis for carrying out a covered procurement action. 

‘‘(b) DETERMINATION AND NOTIFICATION.—The head of a covered 

agency may exercise the authority provided in subsection (a) only 

after— 

‘‘(1) obtaining a joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the 

Chief Information Officer of the Department of Defense, on 

the basis of a risk assessment by the Under Secretary of 

Defense for Intelligence, that there is a significant supply chain 

risk to a covered system; 

‘‘(2) making a determination in writing, in unclassified 

or classified form, with the concurrence of the Under Secretary 

of Defense for Acquisition and Sustainment, that— 

‘‘(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain 

risk; 

‘‘(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and 

‘‘(C) in a case where the head of the covered agency 

plans to limit disclosure of information under subsection 

(a)(2), the risk to national security due to the disclosure 

of such information outweighs the risk due to not disclosing 

such information; and 

‘‘(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include— 

‘‘(A) the information required by section 2304(f)(3) of 

this title; 

‘‘(B) the joint recommendation by the Under Secretary 

of Defense for Acquisition and Sustainment and the Chief 

Information Officer of the Department of Defense as specified in paragraph (1); 

‘‘(C) a summary of the risk assessment by the Under 

Secretary of Defense for Intelligence that serves as the 

basis for the joint recommendation specified in paragraph 

(1); and 

‘‘(D) a summary of the basis for the determination, 

including a discussion of less intrusive measures that were 

considered and why they were not reasonably available 

to reduce supply chain risk. 

‘‘(c) DELEGATION.—The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility 

to make a determination under subsection (b) to an official below 

the level of the service acquisition executive for the agency concerned. 

‘‘(d) LIMITATION ON DISCLOSURE.—If the head of a covered 

agency has exercised the authority provided in subsection (a)(2) 

to limit disclosure of information— 

‘‘(1) no action undertaken by the agency head under such 

authority shall be subject to review in a bid protest before 

the Government Accountability Office or in any Federal court; 

and 

‘‘(2) the agency head shall— 

‘‘(A) notify appropriate parties of a covered procurement action and the basis for such action only to the 


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extent necessary to effectuate the covered procurement 

action; 

‘‘(B) notify other Department of Defense components 

or other Federal agencies responsible for procurements that 

may be subject to the same or similar supply chain risk, 

in a manner and to the extent consistent with the requirements of national security; and 

‘‘(C) ensure the confidentiality of any such notifications. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) HEAD OF A COVERED AGENCY.—The term ‘head of a 

covered agency’ means each of the following: 

‘‘(A) The Secretary of Defense. 

‘‘(B) The Secretary of the Army. 

‘‘(C) The Secretary of the Navy. 

‘‘(D) The Secretary of the Air Force. 

‘‘(2) COVERED PROCUREMENT ACTION.—The term ‘covered 

procurement action’ means any of the following actions, if the 

action takes place in the course of conducting a covered procurement: 

‘‘(A) The exclusion of a source that fails to meet qualification standards established in accordance with the 

requirements of section 2319 of this title for the purpose 

of reducing supply chain risk in the acquisition of covered 

systems. 

‘‘(B) The exclusion of a source that fails to achieve 

an acceptable rating with regard to an evaluation factor 

providing for the consideration of supply chain risk in 

the evaluation of proposals for the award of a contract 

or the issuance of a task or delivery order. 

‘‘(C) The decision to withhold consent for a contractor 

to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source 

from consideration for a subcontract under the contract. 

‘‘(3) COVERED PROCUREMENT.—The term ‘covered procurement’ means— 

‘‘(A) a source selection for a covered system or a covered 

item of supply involving either a performance specification, 

as provided in section 2305(a)(1)(C)(ii) of this title, or an 

evaluation factor, as provided in section 2305(a)(2)(A) of 

this title, relating to supply chain risk; 

‘‘(B) the consideration of proposals for and issuance 

of a task or delivery order for a covered system or a 

covered item of supply, as provided in section 2304c(d)(3) 

of this title, where the task or delivery order contract 

concerned includes a contract clause establishing a requirement relating to supply chain risk; or 

‘‘(C) any contract action involving a contract for a 

covered system or a covered item of supply where such 

contract includes a clause establishing requirements 

relating to supply chain risk. 

‘‘(4) SUPPLY CHAIN RISK.—The term ‘supply chain risk’ 

means the risk that an adversary may sabotage, maliciously 

introduce unwanted function, or otherwise subvert the design, 

integrity, manufacturing, production, distribution, installation, 

operation, or maintenance of a covered system so as to surveil, 

deny, disrupt, or otherwise degrade the function, use, or operation of such system. 


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‘‘(5) COVERED SYSTEM.—The term ‘covered system’ means 

a national security system, as that term is defined in section 

3542(b) of title 44. 

‘‘(6) COVERED ITEM OF SUPPLY.—The term ‘covered item 

of supply’ means an item of information technology (as that 

term is defined in section 11101 of title 40) that is purchased 

for inclusion in a covered system, and the loss of integrity 

of which could result in a supply chain risk for a covered 

system. 

‘‘(7) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘appropriate congressional committees’ means— 

‘‘(A) in the case of a covered system included in the 

National Intelligence Program or the Military Intelligence 

Program, the Select Committee on Intelligence of the 

Senate, the Permanent Select Committee on Intelligence 

of the House of Representatives, and the congressional 

defense committees; and 

‘‘(B) in the case of a covered system not otherwise 

included in subparagraph (A), the congressional defense 

committees.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2339 the following new item: 

‘‘2339a. Requirements for information relating to supply chain risk.’’. 

(b) REPEAL OF OBSOLETE AUTHORITY.—Section 806(g) of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 10 U.S.C. 2304 note) is hereby repealed. 

SEC. 882. REVIEW OF MARKET RESEARCH. 

Not later than February 1, 2019, the Under Secretary of 

Defense for Acquisition and Sustainment, in consultation with the 

Under Secretary of Defense for Research and Engineering, shall 

review the guidance of the Department of Defense with regard 

to those portions of the Federal Acquisition Regulation regarding 

commercially available market research, including sections 

10.001(a)(2)(vi) and 10.002(b), and market research practices. The 

review shall, at a minimum— 

(1) assess the impact that conducting market research has 

on the Department’s resources; 

(2) ensure that commercially available market research 

is considered among other sources of research, as appropriate, 

and reviewed prior to developing new requirements documents 

for an acquisition by the Department; 

(3) assess the extent to which the legal or regulatory definitions of market research should be made consistent, revised, 

or expanded; 

(4) assess the extent to which guidance pertaining to 

market research should be revised or expanded; and 

(5) evaluate best practices in market research in public 

and private organizations, including use of information technologies to support such research. 

SEC. 883. ESTABLISHMENT OF INTEGRATED REVIEW TEAM ON 

DEFENSE ACQUISITION INDUSTRY-GOVERNMENT 

EXCHANGE. 

(a) STUDY.— 

10 USC 2301 

prec. 


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132 STAT. 1914 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

direct the Defense Business Board to convene an integrated 

review team (in this section referred to as the ‘‘exchange team’’) 

to undertake a study on facilitating the exchange of defense 

industry personnel on term assignments within the Department 

of Defense. 

(2) MEMBER PARTICIPATION.— 

(A) DEFENSE BUSINESS BOARD.—The Chairman of the 

Defense Business Board shall select six members from 

the membership of the Board to participate on the exchange 

team, including one member to lead the team. 

(B) DEFENSE INNOVATION BOARD.—The Chairman of 

the Defense Innovation Board shall select five appropriate 

members from the membership of their Board to participate 

on the exchange team. 

(C) DEFENSE SCIENCE BOARD.—The Chairman of the 

Defense Science Board shall select five appropriate members from the membership of their Board to participate 

on the exchange team. 

(D) REQUIRED EXPERIENCE.—The Chairmen referred to 

in subparagraphs (A) through (C) shall ensure that members have significant legislative or regulatory expertise and 

reflect diverse experiences in the public and private sector. 

(3) SCOPE.—The study conducted pursuant to paragraph 

(1) shall— 

(A) review legal, ethical, and financial disclosure 

requirements for industry-government exchanges; 

(B) review existing or previous industry-government 

exchange programs such as the Department of State’s 

Franklin Fellows Program and the Information Technology 

Exchange Program; 

(C) review how the military departments address legal, 

ethical, and financial requirements for members of the 

reserve components who also maintain civilian employment 

in the defense industry; 

(D) produce specific and detailed recommendations for 

any legislation, including the amendment or repeal of regulations, as well as non-legislative approaches, that the 

members of the exchange team conducting the study determine necessary to— 

(i) reduce barriers to industry-government 

exchange to encourage the flow of acquisition best practices; 

(ii) ensure continuing financial and ethical integrity; and 

(iii) protect the best interests of the Department 

of Defense; and 

(E) produce such additional recommendations for legislation as the members consider appropriate. 

(4) ACCESS TO INFORMATION.—The Secretary of Defense 

shall provide the exchange team with timely access to appropriate information, data, resources, and analysis so that the 

exchange team may conduct a thorough and independent analysis as required under this subsection. 


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(b) BRIEFING.—Not later than December 31, 2018, the exchange 

team shall provide an interim briefing to the congressional defense 

committees on the study conducted under subsection (a) 

(c) FINAL REPORT.—Not later than March 1, 2019, the exchange 

team shall submit a final report on the study to the Under Secretary 

of Defense for Acquisition and Sustainment and the congressional 

defense committees. 

SEC. 884. EXCHANGE PROGRAM FOR ACQUISITION WORKFORCE 

EMPLOYEES. 

(a) PROGRAM AUTHORIZED.—The Secretary of Defense shall 

establish an exchange program under which the Under Secretary 

of Defense for Acquisition and Sustainment shall arrange for the 

temporary assignment of civilian personnel in the Department of 

Defense acquisition workforce. 

(b) PURPOSES.—The purposes of the exchange program established pursuant to subsection (a) are— 

(1) to familiarize personnel from the acquisition workforce 

with the equities, priorities, processes, culture, and workforce 

of the acquisition-related defense agencies; 

(2) to enable participants in the exchange program to return 

the expertise gained through their exchanges to their original 

organizations; and 

(3) to improve communication between and integration of 

the organizations that support the policy, implementation, and 

oversight of defense acquisition through lasting relationships. 

(c) PARTICIPANTS.— 

(1) NUMBER OF PARTICIPANTS.—The Under Secretary shall 

select not less than 10 and no more than 20 participants 

per year for participation in the exchange program established 

under subsection (a). 

(2) CRITERIA FOR SELECTION.—The Under Secretary shall 

select participants for the exchange program established under 

subsection (a) from among mid-career employees and based 

on— 

(A) the qualifications and desire to participate in the 

program of the employee; and 

(B) the technical needs and capacities of the acquisition 

workforce, as applicable. 

(d) TERMS.—Exchanges pursuant to the exchange program 

established under subsection (a) shall be for terms of one to two 

years, as determined and negotiated by the Under Secretary. The 

terms may begin and end on a rolling basis. 

(e) GUIDANCE AND IMPLEMENTATION.— 

(1) GUIDANCE.—Not later than 90 days after the date of 

the enactment of this Act, the Under Secretary shall develop 

and submit to the congressional defense committees interim 

guidance on the form and contours of the exchange program 

established under subsection (a). 

(2) IMPLEMENTATION.—Not later than 180 days after the 

date of the enactment of this Act, the Under Secretary shall 

implement the guidance developed under paragraph (1). 

SEC. 885. PROCESS TO LIMIT FOREIGN ACCESS TO TECHNOLOGY. 

(a) PROCESS AND PROCEDURES.—The Secretary of Defense shall 

develop a process and procedures for limiting foreign access to 

technology through contracts, grants, cooperative agreements, or 

10 USC 1701 

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other transactions, when such limitation is in the interest of 

national security. 

(b) REPORT.—Not later than September 1, 2019, the Secretary 

shall submit to the congressional defense committees a report on 

the process and procedures developed pursuant to subsection (a). 

The report shall include the following elements: 

(1) An assessment of the Department of Defense’s ability 

through existing authorities to limit foreign access to technology 

through contracts, grants, cooperative agreements, or other 

transactions. 

(2) An assessment of the Department’s need to implement 

a process to limit foreign access to technology. 

(3) Recommendations for penalties for violations of access, 

including intellectual property forfeiture. 

(c) CONSIDERATIONS.—The process and procedures developed 

under subsection (a) shall be consistent with all existing law, 

including laws relating to trade agreements, individual protections, 

export controls, and the National Technology and Industrial Base 

(NTIB). 

SEC. 886. PROCUREMENT OF TELECOMMUNICATIONS SUPPLIES FOR 

EXPERIMENTAL PURPOSES. 

Section 2373(a) of title 10, United States Code, is amended 

by inserting ‘‘telecommunications,’’ after ‘‘space-flight,’’. 

SEC. 887. ACCESS BY DEVELOPMENTAL AND OPERATIONAL TESTING 

ACTIVITIES TO DATA REGARDING MODELING AND SIMULATION ACTIVITY. 

(a) IN GENERAL.—Section 139(e) of title 10, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(4) The Director shall have prompt access to all data regarding 

modeling and simulation activity proposed to be used by military 

departments and defense agencies in support of operational or 

live fire test and evaluation of military capabilities. This access 

shall include data associated with verification, validation, and 

accreditation activities.’’. 

(b) ADDITIONAL TESTING DATA.—Developmental Test and 

Evaluation activities under the leadership of the Under Secretary 

of Defense for Research and Engineering and the Under Secretary 

of Defense for Acquisition and Sustainment shall have prompt 

access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies 

in support of developmental test and evaluation of military capabilities. This access shall include data associated with verification, 

validation, and accreditation activities. 

SEC. 888. INSTRUCTION ON PILOT PROGRAM REGARDING EMPLOYMENT OF PERSONS WITH DISABILITIES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall update the Defense Federal 

Acquisition Regulatory Supplement to include an instruction on 

the pilot program regarding employment of persons with disabilities 

authorized under section 853 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 

note). 

10 USC 2302 

note. 

10 USC 139 note. 


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SEC. 889. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND 

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. 

(a) PROHIBITION ON USE OR PROCUREMENT.—(1) The head of 

an executive agency may not— 

(A) procure or obtain or extend or renew a contract to 

procure or obtain any equipment, system, or service that uses 

covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or 

(B) enter into a contract (or extend or renew a contract) 

with an entity that uses any equipment, system, or service 

that uses covered telecommunications equipment or services 

as a substantial or essential component of any system, or 

as critical technology as part of any system. 

(2) Nothing in paragraph (1) shall be construed to— 

(A) prohibit the head of an executive agency from procuring 

with an entity to provide a service that connects to the facilities 

of a third-party, such as backhaul, roaming, or interconnection 

arrangements; or 

(B) cover telecommunications equipment that cannot route 

or redirect user data traffic or permit visibility into any user 

data or packets that such equipment transmits or otherwise 

handles. 

(b) PROHIBITION ON LOAN AND GRANT FUNDS.—(1) The head 

of an executive agency may not obligate or expend loan or grant 

funds to procure or obtain, extend or renew a contract to procure 

or obtain, or enter into a contract (or extend or renew a contract) 

to procure or obtain the equipment, services, or systems described 

in subsection (a). 

(2) In implementing the prohibition in paragraph (1), heads 

of executive agencies administering loan, grant, or subsidy programs, including the heads of the Federal Communications Commission, the Department of Agriculture, the Department of Homeland 

Security, the Small Business Administration, and the Department 

of Commerce, shall prioritize available funding and technical support to assist affected businesses, institutions and organizations 

as is reasonably necessary for those affected entities to transition 

from covered communications equipment and services, to procure 

replacement equipment and services, and to ensure that communications service to users and customers is sustained. 

(3) Nothing in this subsection shall be construed to— 

(A) prohibit the head of an executive agency from procuring 

with an entity to provide a service that connects to the facilities 

of a third-party, such as backhaul, roaming, or interconnection 

arrangements; or 

(B) cover telecommunications equipment that cannot route 

or redirect user data traffic or permit visibility into any user 

data or packets that such equipment transmits or otherwise 

handles. 

(c) EFFECTIVE DATES.—The prohibition under subsection 

(a)(1)(A) shall take effect one year after the date of the enactment 

of this Act, and the prohibitions under subsections (a)(1)(B) and 

(b)(1) shall take effect two years after the date of the enactment 

of this Act. 

(d) WAIVER AUTHORITY.— 

41 USC 3901 

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(1) EXECUTIVE AGENCIES.—The head of an executive agency 

may, on a one-time basis, waive the requirements under subsection (a) with respect to an entity that requests such a waiver. 

The waiver may be provided, for a period of not more than 

two years after the effective dates described in subsection (c), 

if the entity seeking the waiver— 

(A) provides a compelling justification for the additional 

time to implement the requirements under such subsection, 

as determined by the head of the executive agency; and 

(B) submits to the head of the executive agency, who 

shall not later than 30 days thereafter submit to the appropriate congressional committees, a full and complete 

laydown of the presences of covered telecommunications 

or video surveillance equipment or services in the entity’s 

supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment 

or services from the entity’s systems. 

(2) DIRECTOR OF NATIONAL INTELLIGENCE.—The Director 

of National Intelligence may provide a waiver on a date later 

than the effective dates described in subsection (c) if the 

Director determines the waiver is in the national security 

interests of the United States. 

(f) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’ ’’ means— 

(A) the Committee on Banking, Housing, and Urban 

Affairs, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs 

of the Senate; and 

(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Oversight 

and Government Reform of the House of Representatives. 

(2) COVERED FOREIGN COUNTRY.—The term ‘‘covered foreign 

country’’ means the People’s Republic of China. 

(3) COVERED TELECOMMUNICATIONS EQUIPMENT OR SERV- ICES.—The term ‘‘covered telecommunications equipment or 

services’’ means any of the following: 

(A) Telecommunications equipment produced by 

Huawei Technologies Company or ZTE Corporation (or any 

subsidiary or affiliate of such entities). 

(B) For the purpose of public safety, security of government facilities, physical security surveillance of critical 

infrastructure, and other national security purposes, video 

surveillance and telecommunications equipment produced 

by Hytera Communications Corporation, Hangzhou 

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such 

entities). 

(C) Telecommunications or video surveillance services 

provided by such entities or using such equipment. 

(D) Telecommunications or video surveillance equipment or services produced or provided by an entity that 

the Secretary of Defense, in consultation with the Director 

of the National Intelligence or the Director of the Federal 

Bureau of Investigation, reasonably believes to be an entity 

owned or controlled by, or otherwise connected to, the 

government of a covered foreign country. 


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(4) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given the term in section 133 of title 41, United 

States Code. 

SEC. 890. PILOT PROGRAM TO ACCELERATE CONTRACTING AND 

PRICING PROCESSES. 

(a) IN GENERAL.—The Secretary of Defense shall establish a 

pilot program to reform and accelerate the contracting and pricing 

processes associated with contracts in excess of $50,000,000 by— 

(1) basing price reasonableness determinations on actual 

cost and pricing data for purchases of the same or similar 

products for the Department of Defense; and 

(2) reducing the cost and pricing data to be submitted 

in accordance with section 2306a of title 10, United States 

Code. 

(b) LIMITATION.—The pilot program authorized under subsection (a) may include no more than ten contracts, and none 

of the selected contracts may be part of a major defense acquisition 

program (as that term is defined under section 2430 of title 10, 

United States Code). 

(c) REPORT.—Not later than January 30, 2021, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the results of the pilot program authorized under 

subsection (a) and an assessment of whether the program should 

be continued or expanded. 

(d) SUNSET.—The authority to carry out the pilot program 

under this section shall expire on January 2, 2021. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Office of the Secretary of Defense and Related Matters 

Sec. 901. Report on allocation of former responsibilities of the Under Secretary of 

Defense for Acquisition, Technology, and Logistics. 

Sec. 902. Modification of responsibilities of the Under Secretary of Defense for Policy. 

Sec. 903. Clarification of responsibilities and duties of the Chief Information Officer 

of the Department of Defense. 

Sec. 904. Technical corrections to Department of Defense Test Resource Management Center authority. 

Sec. 905. Specification of certain duties of the Defense Technical Information Center. 

Subtitle B—Organization and Management of Other Department of Defense Offices 

and Elements 

Sec. 911. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy. 

Sec. 912. Modification of certain responsibilities of the Chairman of the Joint 

Chiefs of Staff relating to joint force concept development. 

Sec. 913. Clarification of certain risk assessment requirements of the Chairman of 

the Joint Chiefs of Staff in connection with the National Military Strategy. 

Sec. 914. Assistant Secretary of Defense for Special Operations and Low Intensity 

Conflict review of United States Special Operations Command. 

Sec. 915. Expansion of principal duties of Assistant Secretary of the Navy for Research, Development, and Acquisition. 

Sec. 916. Qualifications for appointment as Deputy Chief Management Officer of a 

military department. 

Sec. 917. Deadline for completion of full implementation of requirements in connection with organization of the Department of Defense for management of 

special operations forces and special operations. 

10 USC 2306a 

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Sec. 918. Cross-functional teams in the Department of Defense. 

Sec. 919. Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy. 

Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction 

Sec. 921. Authorities and responsibilities of the Chief Management Officer of the 

Department of Defense. 

Sec. 922. Analysis of Department of Defense business management and operations 

datasets to promote savings and efficiencies. 

Sec. 923. Periodic review of the Defense Agencies and Department of Defense Field 

Activities by the Chief Management Officer of the Department of Defense. 

Sec. 924. Actions to increase the efficiency and transparency of the Defense Logistics Agency. 

Sec. 925. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency. 

Sec. 926. Review and improvement of the operations of the Defense Finance and 

Accounting Service. 

Sec. 927. Assessment of chief information officer functions in connection with transition to enterprise-wide management of information technology and 

computing. 

Sec. 928. Comptroller General of the United States report on cross-enterprise activities of the Inspectors General of the Department of Defense. 

Sec. 929. General provisions. 

Subtitle D—Other Department of Defense Organization and Management Matters 

Sec. 931. Limitation on availability of funds for major headquarters activities of the 

Department of Defense. 

Sec. 932. John S. McCain Strategic Defense Fellows Program. 

Sec. 933. Performance of civilian functions by military personnel. 

Sec. 934. Report on implementation of requirements on estimation and comparison 

of costs of civilian and military manpower and contract support for the 

Department of Defense. 

Sec. 935. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations, Defense appropriation. 

Sec. 936. Responsibility for policy on civilian casualty matters. 

Sec. 937. Additional matters in connection with background and security investigations for Department of Defense personnel. 

Sec. 938. Research and development to advance capabilities of the Department of 

Defense in data integration and advanced analytics in connection with 

personnel security. 

Subtitle E—Other Matters 

Sec. 941. Trusted information provider program for national security positions and 

positions of trust. 

Sec. 942. Report on expedited processing of security clearances for mission-critical 

positions. 

Sec. 943. Report on clearance in person concept. 

Subtitle A—Office of the Secretary of 

Defense and Related Matters 

SEC. 901. REPORT ON ALLOCATION OF FORMER RESPONSIBILITIES 

OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS. 

Not later than March 1, 2019, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report setting forth the following: 

(1) A list of each provision of law, whether within or outside 

title 10, United States Code, in force as of the date of the 

report that, as of that date, assigns a duty, responsibility, 

or other requirement to the Under Secretary of Defense for 

Acquisition, Technology, and Logistics. 

(2) For each duty, responsibility, or other requirement 

specified in a provision of law listed pursuant to paragraph 


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(1), the allocation of such duty, responsibility, or requirement 

within the Department of Defense, including— 

(A) solely to the Under Secretary of Defense for 

Research and Engineering; 

(B) solely to the Under Secretary of Defense for 

Acquisition and Sustainment; 

(C) on a shared basis between the Under Secretary 

of Defense for Research and Engineering and the Under 

Secretary of Defense for Acquisition and Sustainment; 

(D) solely to another official or organization of the 

Department; 

(E) on a shared basis between other officials and 

organizations of the Department; or 

(F) not allocated. 

SEC. 902. MODIFICATION OF RESPONSIBILITIES OF THE UNDER SECRETARY OF DEFENSE FOR POLICY. 

(a) GENERAL RESPONSIBILITIES.—Paragraph (2) of section 134(b) 

of title 10, United States Code, is amended to read as follows: 

‘‘(2) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and 

have overall direction and supervision for— 

‘‘(A) the development, implementation, and integration 

across the Department of Defense of the National Defense 

Strategy (as described by section 113 of this title) and strategic 

policy guidance for the activities of the Department of Defense 

across all geographic regions and military functions and 

domains; 

‘‘(B) the integration of the activities of the Department 

into the National Security Strategy of the United States; 

‘‘(C) the development of policy guidance for the preparation 

of campaign and contingency plans by the combatant commands, and for the review of such plans; 

‘‘(D) the preparation of policy guidance for the development 

of the global force posture; and 

‘‘(E) the development of the Defense Planning Guidance 

that guides the formulation of program and budget requests 

by the military departments and other elements of the Department.’’. 

(b) RESPONSIBILITIES IN CONNECTION WITH JOINT FORCE

CAPABILITIES AND READINESS.—Such section is further amended 

by adding at the end the following new paragraph: 

‘‘(5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the 

Chairman of the Joint Chiefs of Staff and the Director of Cost 

Assessment and Program Evaluation to— 

‘‘(A) develop planning scenarios that describe the present 

and future strategic and operational environments by which 

to assess joint force capabilities and readiness; and 

‘‘(B) develop specific objectives that the joint force should 

be ready to achieve, and conduct assessments of the capability 

(in terms of both capacity and readiness) of the joint force 

to achieve such objectives.’’. 

SEC. 903. CLARIFICATION OF RESPONSIBILITIES AND DUTIES OF THE 

CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF 

DEFENSE. 

Section 142(b)(1) of title 10, United States Code, is amended— 


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(1) in subparagraph (A), by inserting ‘‘(other than with 

respect to business systems and management)’’ after ‘‘sections 

3506(a)(2)’’; 

(2) in subparagraph (B), by striking ‘‘section 11315 of title 

40’’ and inserting ‘‘sections 11315 and 11319 of title 40 (other 

than with respect to business systems and management)’’; and 

(3) in subparagraph (C), by striking ‘‘sections 2222, 2223(a), 

and 2224 of this title’’ and inserting ‘‘sections 2223(a) (other 

than with respect to business systems and management) and 

2224 of this title’’. 

SEC. 904. TECHNICAL CORRECTIONS TO DEPARTMENT OF DEFENSE 

TEST RESOURCE MANAGEMENT CENTER AUTHORITY. 

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

subsections (c)(1)(B) and (g) by striking ‘‘Under Secretary of Defense 

for Acquisition, Technology, and Logistics’’ and inserting ‘‘Under 

Secretary of Defense for Research and Engineering’’. 

SEC. 905. SPECIFICATION OF CERTAIN DUTIES OF THE DEFENSE TECHNICAL INFORMATION CENTER. 

(a) IN GENERAL.—In addition to any other duties specified 

for the Defense Technical Information Center by law, regulation, 

or Department of Defense directive or instruction, the duties of 

the Center shall include the following: 

(1) To execute the Global Research Watch Program under 

section 2365 of title 10, United States Code. 

(2) To develop and maintain datasets and other data repositories on research and engineering activities being conducted 

within the Department. 

(b) ACTION PLAN.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a plan of action for the commencement by the 

Defense Technical Information Center of the duties specified in 

subsection (a). 

Subtitle B—Organization and Management 

of Other Department of Defense Offices 

and Elements 

SEC. 911. COMPREHENSIVE REVIEW OF OPERATIONAL AND ADMINISTRATIVE CHAINS-OF-COMMAND AND FUNCTIONS OF THE 

DEPARTMENT OF THE NAVY. 

(a) IN GENERAL.—The Secretary of the Navy shall conduct 

a comprehensive review of the operational and administrative 

chains-of-command and functions of the Department of the Navy. 

(b) ELEMENTS.—In conducting the review required by subsection 

(a), the Secretary shall consider options to do each of the following: 

(1) Increase visibility of unit-level readiness at senior levels. 

(2) Reduce so-called ‘‘double-hatting’’ and ‘‘triple-hatting’’ 

commanders. 

(3) Clarify organizations responsible and accountable for 

training and certification at the unit, group, and fleet level. 

(4) Simplify reporting requirements applicable to commanding officers. 

10 USC 2364 

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(c) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall submit to 

the congressional defense committees a report on the results 

of the review required by subsection (a). The report shall include 

the following: 

(A) The results of the review, including any findings 

of the Secretary as a result of the review. 

(B) Any organizational changes in operational or 

administrative chains-of-command or functions of the 

Department undertaken or to be undertaken by the Secretary in light of the review. 

(C) Any recommendations for legislative or administration action with respect to the operational or administrative 

chains-of-command or functions of the Department the Secretary considers appropriate in light of the review. 

(2) FORM.—The report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

SEC. 912. MODIFICATION OF CERTAIN RESPONSIBILITIES OF THE 

CHAIRMAN OF THE JOINT CHIEFS OF STAFF RELATING 

TO JOINT FORCE CONCEPT DEVELOPMENT. 

Subparagraph (D) of section 153(a)(6) of title 10, United States 

Code, is amended to read as follows: 

‘‘(D) formulating policies for development and 

experimentation on both urgent and long-term concepts 

for joint force employment, including establishment of a 

process within the Joint Staff for analyzing and prioritizing 

gaps in capabilities that could potentially be addressed 

by joint concept development using existing or modified 

joint force capabilities;’’. 

SEC. 913. CLARIFICATION OF CERTAIN RISK ASSESSMENT REQUIREMENTS OF THE CHAIRMAN OF THE JOINT CHIEFS OF 

STAFF IN CONNECTION WITH THE NATIONAL MILITARY 

STRATEGY. 

Section 153(b) of title 10, United States Code, is amended— 

(1) in paragraph (1)(D)(iii), by striking ‘‘military strategic 

and operational risks’’ and inserting ‘‘military risk’’; and 

(2) in paragraph (2)(B)(ii), by striking ‘‘military strategic 

and operational risks to United States interests and the military strategic and operational risks in executing the National 

Military Strategy (or update)’’ and inserting ‘‘military strategic 

risks to United States interests and military risks in executing 

the National Military Strategy (or update)’’. 

SEC. 914. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT REVIEW OF 

UNITED STATES SPECIAL OPERATIONS COMMAND. 

(a) REVIEW REQUIRED.—The Assistant Secretary of Defense 

for Special Operations and Low Intensity Conflict shall, in coordination with the Commander of the United States Special Operations 

Command, conduct a comprehensive review of the United States 

Special Operations Command for purposes of ensuring that the 

institutional and operational capabilities of special operations forces 

are appropriate to counter anticipated future threats across the 

spectrum of conflict. 


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(b) SCOPE OF REVIEW.—The review required by subsection (a) 

shall include, at a minimum, the following: 

(1) An assessment of the adequacy of special operations 

forces doctrine, organization, training, materiel, education, personnel, and facilities to implement the 2018 National Defense 

Strategy, and recommendations, if any, for modifications for 

that purpose. 

(2) An assessment of the roles and responsibilities of special 

operations forces as assigned by law, Department of Defense 

guidance, or other formal designation, and recommendations, 

if any, for additions to or divestitures of such roles or responsibilities. 

(3) An assessment of the adequacy of the processes through 

which the United States Special Operations Command evaluates and prioritizes the requirements at the geographic combatant commands for special operations forces and special operations-unique capabilities and makes recommendations on the 

allocation of special operations forces and special operationsunique capabilities to meet such requirements, and recommendations, if any, for modifications of such processes. 

(4) Any other matters the Assistant Secretary considers 

appropriate. 

(c) DEADLINES.— (1) COMPLETION OF REVIEW.—The review required by subsection (a) shall be completed by not later than 270 days 

after the date of the enactment of this Act. 

(2) REPORT.—Not later than 30 days after completion of 

the review, the Assistant Secretary shall submit to the congressional defense committees a report on the review, including 

the findings and any recommendations of the Assistant Secretary as a result of the review. 

SEC. 915. EXPANSION OF PRINCIPAL DUTIES OF ASSISTANT SECRETARY OF THE NAVY FOR RESEARCH, DEVELOPMENT, 

AND ACQUISITION. 

Section 5016(b)(4)(A) of title 10, United States Code, is amended 

by striking ‘‘and acquisition matters’’ and inserting ‘‘acquisition, 

and sustainment (including maintenance) matters’’. 

SEC. 916. QUALIFICATIONS FOR APPOINTMENT AS DEPUTY CHIEF 

MANAGEMENT OFFICER OF A MILITARY DEPARTMENT. 

(a) DEPARTMENT OF THE ARMY.—An individual may not be 

appointed as Deputy Chief Management Officer of the Department 

of the Army unless the individual— 

(1) has significant experience in business operations or 

management in the public sector; or 

(2) has significant experience managing an enterprise in 

the private sector. 

(b) DEPARTMENT OF THE NAVY.—An individual may not be 

appointed as Deputy Chief Management Officer of the Department 

of the Navy unless the individual— 

(1) has significant experience in business operations or 

management in the public sector; or 

(2) has significant experience managing an enterprise in 

the private sector. 

(c) DEPARTMENT OF THE AIR FORCE.—An individual may not 

be appointed as Deputy Chief Management Officer of the Department of the Air Force unless the individual— 

10 USC 132a 

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(1) has significant experience in business operations or 

management in the public sector; or 

(2) has significant experience managing an enterprise in 

the private sector. 

SEC. 917. DEADLINE FOR COMPLETION OF FULL IMPLEMENTATION 

OF REQUIREMENTS IN CONNECTION WITH ORGANIZATION 

OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT 

OF SPECIAL OPERATIONS FORCES AND SPECIAL OPERATIONS. 

The Secretary of Defense shall ensure that the implementation 

of section 922 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 130 Stat. 2354) and the amendments made by that section is fully complete by not later than 

90 days after the date of the enactment of this Act. 

SEC. 918. CROSS-FUNCTIONAL TEAMS IN THE DEPARTMENT OF 

DEFENSE. 

(a) CROSS-FUNCTIONAL TEAM ON ELECTRONIC WARFARE.— 

(1) IN GENERAL.—Among the cross-functional teams established by the Secretary of Defense pursuant to subsection (c) 

of section 911 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 

U.S.C. 111 note) in support of the organizational strategy for 

the Department of Defense required by subsection (a) of that 

section, the Secretary shall establish a cross-functional team 

on electronic warfare. 

(2) ESTABLISHMENT AND ACTIVITIES.—The cross-functional 

team established pursuant to paragraph (1) shall be established 

in accordance with subsection (c) of section 911 of the National 

Defense Authorization Act for Fiscal Year 2017, and shall be 

governed in its activities in accordance with the provisions 

of such subsection (c). 

(3) DEADLINE FOR ESTABLISHMENT.—The cross-functional 

team required by paragraph (1) shall be established by not 

later than 90 days after the date of the enactment of this 

Act. 

(b) ADDITIONAL CROSS-FUNCTIONAL TEAMS MATTERS.— 

(1) CRITERIA FOR DISTINGUISHING AMONG CROSS-FUNCTIONAL TEAMS.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary shall issue criteria that 

distinguish cross-functional teams under section 911 of the 

National Defense Authorization Act for Fiscal Year 2017 from 

other types of cross-functional working groups, committees, 

integrated product teams, and task forces of the Department. 

(2) PRIMARY RESPONSIBILITY FOR IMPLEMENTATION OF

TEAMS.—The Deputy Secretary of Defense shall establish or 

designate an office within the Department that shall have 

primary responsibility for implementing section 911 of the 

National Defense Authorization Act for Fiscal Year 2017. 

SEC. 919. LIMITATION ON TRANSFER OF THE CHEMICAL, BIOLOGICAL, 

AND RADIOLOGICAL DEFENSE DIVISION OF THE NAVY. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

submit to the congressional defense committees a report that 

includes the following: 

10 USC 111 note. 

10 USC 138 note. 


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(1) A detailed timeline for the proposed transfer of the 

Chemical, Biological, and Radiological Defense Division of the 

Navy from Virginia to another location. 

(2) A full accounting of the costs associated with the proposed transfer, including— 

(A) all personnel costs; 

(B) all equipment costs; and 

(C) all facility renovation costs for the existing facilities 

of the Division and the facilities to which the Division 

is proposed to be transferred. 

(3) A risk assessment of the operational impact of the 

transfer during the transition period. 

(4) An explanation of the operational benefit expected to 

be achieved by collocating all Chemical, Biological, and Radiological elements of the Department of the Navy. 

(b) LIMITATION.—The Secretary may not transfer, or prepare 

to transfer, the Chemical, Biological, and Radiological Defense Division of the Navy from Dahlgren, Virginia, to another location until 

a period of 45 days has elapsed following the date on which the 

report is submitted to the congressional defense committees under 

subsection (a). 

Subtitle C—Comprehensive Pentagon 

Bureaucracy Reform and Reduction 

SEC. 921. AUTHORITIES AND RESPONSIBILITIES OF THE CHIEF 

MANAGEMENT OFFICER OF THE DEPARTMENT OF 

DEFENSE. 

(a) AUTHORITIES AND RESPONSIBILITIES.— 

(1) IN GENERAL.—Subsection (b) of section 132a of title 

10, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(7) Serving as the official with principal responsibility 

in the Department for minimizing the duplication of efforts, 

maximizing efficiency and effectiveness, and establishing 

metrics for performance among and for all organizations and 

elements of the Department.’’. 

(2) BUDGET AUTHORITY.— 

(A) IN GENERAL.—Such section is further amended— 

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

(ii) by inserting after subsection (b) the following 

new subsection (c): 

‘‘(c) BUDGET AUTHORITY.—(1)(A) Beginning in fiscal year 2020, 

the Secretary of Defense, acting through the Under Secretary of 

Defense (Comptroller), shall require the head of each Defense 

Agency and Department of Defense Field Activity specified by the 

Secretary for purposes of this subsection to transmit the proposed 

budget of such Agency or Activity for enterprise business operations 

for a fiscal year, and for the period covered by the future-years 

defense program submitted to Congress under section 221 of this 

title for that fiscal year, to the Chief Management Officer for 

review under subparagraph (B) at the same time the proposed 

budget is submitted to the Under Secretary of Defense (Comptroller). 


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‘‘(B) The Chief Management Officer shall review each proposed 

budget transmitted under subparagraph (A) and, not later than 

January 31 of the year preceding the fiscal year for which the 

budget is proposed, shall submit to the Secretary a report containing 

the comments of the Chief Management Officer with respect to 

all such proposed budgets, together with the certification of the 

Chief Management Officer regarding whether each such proposed 

budget achieves the required level of efficiency and effectiveness 

for enterprise business operations, consistent with guidance for 

budget review established by the Chief Management Officer. 

‘‘(C) Not later than March 31 each year, the Secretary shall 

submit to Congress a report that includes the following: 

‘‘(i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field 

Activity that was transmitted to the Chief Management Officer 

under subparagraph (A). 

‘‘(ii) Identification of each proposed budget contained in 

the most recent report submitted under subparagraph (B) that 

the Chief Management Officer did not certify as achieving 

the required level of efficiency and effectiveness for enterprise 

business operations. 

‘‘(iii) A discussion of the actions that the Secretary proposes 

to take, together with any recommended legislation that the 

Secretary considers appropriate, to address inadequate levels 

of efficiency and effectiveness for enterprise business operations 

achieved by the proposed budgets identified in the report. 

‘‘(iv) Any additional comments that the Secretary considers 

appropriate regarding inadequate levels of efficiency and 

effectiveness for enterprise business operations achieved by 

the proposed budgets. 

‘‘(2) Nothing in this subsection shall be construed to modify 

or interfere with the budget-related responsibilities of the Director 

of National Intelligence.’’. 

(B) EXECUTION OF AUTHORITY.—In order to execute 

the authority in subsection (c) of section 132a of title 10, 

United States Code (as amended by subparagraph (A)), 

the Chief Management Officer of the Department of 

Defense shall do the following: 

(i) By April 1, 2019, develop an assessment of 

cost and expertise requirements to execute such 

authority. 

(ii) By September 1, 2019, develop guidance for 

Defense Agencies and Department of Defense Field 

Activities to delineate spending on enterprise business 

operations and develop a process to determine the adequacy of their budgets for such operations. 

(b) REFORM OF BUSINESS ENTERPRISE OPERATIONS IN SUPPORT

OF CERTAIN ACTIVITIES ACROSS DEPARTMENT OF DEFENSE.— 

(1) PERIODIC REFORM.— 

(A) IN GENERAL.—Not later than January 1, 2020, and 

not less frequently than once every five years thereafter, 

the Secretary of Defense shall, acting through the Chief 

Management Officer of the Department of Defense, reform 

enterprise business operations of the Department of 

10 USC 2222 

note. 

10 USC 132a 

note. 


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Defense, through reductions, eliminations, or improvements, across all organizations and elements of the Department with respect to covered activities in order to increase 

effectiveness and efficiency of mission execution. 

(B) CMO REPORTS.—Not later than January 1 of every 

fifth calendar year beginning with January 1, 2025, the 

Chief Management Officer shall submit to the congressional 

defense committees a report that describes the activities 

carried out by the Chief Management Officer under this 

subsection during the preceding five years, including an 

estimate of any cost savings achieved as a result of such 

activities. 

(2) COVERED ACTIVITIES DEFINED.—In this subsection, the 

term ‘‘covered activities’’ means any activity relating to civilian 

resources management, logistics management, services contracting, or real estate management. 

(3) REPORTING FRAMEWORK.—Not later than January 1, 

2020, the Chief Management Officer shall establish a consistent 

reporting framework to establish a baseline for the costs to 

perform all covered activities, and shall submit to Congress 

a report that, for each individual covered activity performed 

in fiscal year 2019, identifies the following: 

(A) The component or components of the Department 

responsible for performing such activity, and a business 

process map of such activity, in fiscal year 2019. 

(B) The number of the military, civilian, and contractor 

personnel of the component or components of the Department who performed such activity in that fiscal year. 

(C) The manpower requirements for such activity as 

of that fiscal year. 

(D) The systems and other resources associated with 

such activity as of that fiscal year. 

(E) The cost in dollars of performing such activity 

in fiscal year 2019. 

(4) INITIAL PLAN.—Not later than February 1, 2019, the 

Chief Management Officer shall submit to the congressional 

defense committees a plan, schedule, and cost estimate for 

conducting the reforms required under paragraph (1)(A). 

(5) CERTIFICATION OF COST SAVINGS.—Not later than 

January 1, 2020, the Chief Management Officer shall certify 

to the congressional defense committees that the savings and 

costs incurred as a result of activities carried out under paragraph (1) will achieve savings in fiscal year 2020 against the 

total amount obligated and expended for covered activities in 

fiscal year 2019 of— 

(A) not less than 25 percent of the cost in dollars 

of performing covered activities in fiscal year 2019 as specified pursuant to paragraph (3)(E); or 

(B) if the Chief Management Officer determines that 

achievement of savings of 25 percent or more will create 

overall inefficiencies for the Department, notice and justification will be submitted to the congressional defense 

committees specifying a lesser percentage of savings that 

the Chief Management Officer determines to be necessary 

to achieve efficiencies in the delivery of covered activities, 

which notice and justification shall be submitted by not 


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later than October 1, 2019, together with a description 

of the efficiencies to be achieved. 

(6) COMPTROLLER GENERAL REPORTS.—The Comptroller 

General of the United States shall submit to the congressional 

defense committees the following: 

(A) Not later than 90 days after the submittal of the 

plan under paragraph (4), a report that verifies whether 

the plan is feasible. 

(B) Not later than 270 days after the date of enactment 

of this Act, a report setting forth an assessment of the 

actions taken under paragraph (1)(A) since the date of 

the enactment of this Act. 

(C) Not later than 270 days after the submittal of 

the reporting framework under paragraph (3), a report 

that verifies whether the baseline established in the framework is accurate. 

(D) Not later than 270 days after the submittal of 

the report under paragraph (5), a report that verifies— 

(i) whether the activities described in the report 

were carried out; and 

(ii) whether any cost savings estimated in the 

report are accurate. 

SEC. 922. ANALYSIS OF DEPARTMENT OF DEFENSE BUSINESS MANAGEMENT AND OPERATIONS DATASETS TO PROMOTE SAVINGS 

AND EFFICIENCIES. 

(a) IN GENERAL.—The Chief Management Officer of the Department of Defense shall develop a policy on analysis of Department 

of Defense datasets on business management and business operations by the public for purposes of accessing data analysis capabilities that would promote savings and efficiencies and otherwise 

enhance the utility of such datasets to the Department. 

(b) INITIAL DISCHARGE OF POLICY.— 

(1) IN GENERAL.—The Chief Management Officer shall commence the discharge of the policy required pursuant to subsection (a) by— 

(A) identifying one or more matters— 

(i) that are of significance to the Department of 

Defense; 

(ii) that are currently unresolved; and 

(iii) whose resolution from a business management 

or business operations dataset of the Department could 

benefit from a method or technique of analysis not 

currently familiar to the Department; 

(B) identifying between three and five business 

management or business operations datasets of the Department not currently available to the public whose evaluation 

could result in novel data analysis solutions toward 

management or operations problems of the Department 

identified by the Chief Management Officer; and 

(C) encouraging, whether by competition or other 

mechanisms, the evaluation of the datasets described in 

subparagraph (B) by appropriate persons and entities in 

the public or private sector (including academia). 

(2) PROTECTION OF SECURITY AND CONFIDENTIALITY.—In 

providing for the evaluation of datasets pursuant to this subsection, the Chief Management Officer shall take appropriate 

10 USC 2222 

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actions to protect the security and confidentiality of any 

information contained in the datasets, including through special 

precautions to ensure that any personally identifiable information is not included and no release of information will adversely 

affect national security missions. 

SEC. 923. PERIODIC REVIEW OF THE DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES BY THE CHIEF 

MANAGEMENT OFFICER OF THE DEPARTMENT OF 

DEFENSE. 

(a) PERIODIC REVIEW.—Subsection (c) of section 192 of title 

10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting before paragraph (3), as so redesignated, 

the following new paragraphs: 

‘‘(1)(A) Not later than January 1, 2020, and periodically (but 

not less frequently than every four years) thereafter, the Chief 

Management Officer of the Department of Defense shall conduct 

a review of the efficiency and effectiveness of each Defense Agency 

and Department of Defense Field Activity. Each review shall, to 

the maximum extent practicable, be conducted in coordination with 

other ongoing efforts in connection with business enterprise reform. 

‘‘(B) As part of each review under this paragraph, the Chief 

Management Officer shall identify each activity of an Agency or 

Activity that is substantially similar to, or duplicative of, an activity 

carried out by another organization or element of the Department 

of Defense, or is not being performed to an adequate level to 

meet Department needs. 

‘‘(C) For purposes of conducting reviews under this paragraph, 

the Chief Management Officer shall develop internal guidance that 

defines requirements for such reviews and provides clear direction 

for conducting and recording the results of reviews. 

‘‘(2)(A) Not later than 90 days after the completion of a review 

under paragraph (1), the Chief Management Officer shall submit 

to the congressional defense committees a report that sets forth 

the results of the review. 

‘‘(B) The report on a review under this paragraph shall, based 

on the results of the review, include the following: 

‘‘(i) A list of each Defense Agency and Department of 

Defense Field Activity that the Chief Management Officer has 

determined— 

‘‘(I) operates efficiently and effectively; and 

‘‘(II) does not carry out any function that is substantially similar to, or duplicative of, a function carried out 

by another organization or element of the Department of 

Defense. 

‘‘(ii) With respect to each Agency or Activity not included 

on the list under clause (i), a plan, aimed at better meeting 

Department needs, for— 

‘‘(I) rationalizing the functions within such Agency or 

Activity; or 

‘‘(II) transferring some or all of the functions of such 

Agency or Activity to another organization or element of 

the Department. 

‘‘(iii) Recommendations for functions, if any, currently conducted separately by the military departments that should 

be consolidated into an Agency or Activity.’’. 


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(b) REPEAL OF SPECIAL RULE FOR DEFENSE BUSINESS TRANS- FORMATION AGENCY.—Such section is further amended by striking 

subsection (e). 

(c) LIMITATION ON TERMINATION.—Such section is further 

amended by adding at the end the following new subsection (e): 

‘‘(e) LIMITATION ON TERMINATION.—The Secretary of Defense 

may not terminate a Defense Agency or Department of Defense 

Field Activity until 30 days after the date on which the Secretary 

submits to the congressional defense committees a report setting 

forth the following: 

‘‘(1) Notice of the intent of the Secretary to terminate 

the Agency or Activity. 

‘‘(2) Such recommendations for legislative action as the 

Secretary considers appropriate in connection with the termination of the Agency or Activity.’’. 

SEC. 924. ACTIONS TO INCREASE THE EFFICIENCY AND TRANSPARENCY OF THE DEFENSE LOGISTICS AGENCY. 

(a) SYSTEM AND CAPABILITY.—Not later than January 1, 2020, 

the Director of the Defense Logistics Agency and the Chief Management Officer of the Department of Defense shall jointly, in consultation with the customers served by the Agency, develop and implement— 

(1) a comprehensive system that enables customers of the 

Agency to view— 

(A) the inventory of items and materials available to 

customers from the Agency; and 

(B) the delivery status of items and materials that 

are in transit to customers; and 

(2) a predictive analytics capability designed to increase 

the efficiency of the system described in paragraph (1) by 

identifying emerging customer needs with respect to items and 

materials supplied by the Agency, including any emerging needs 

arising from the use of new weapon systems by customers. 

(b) ACTIONS TO INCREASE EFFICIENCY.—Not later than January 

1, 2020, the Director and the Chief Management Officer shall 

jointly— 

(1) develop a plan to reduce the rates charged by the 

Agency to customers, in aggregate— 

(A) by not less than 10 percent; or 

(B) if the Chief Management Officer determines that 

a reduction of rates in aggregate of 10 percent or more 

will create overall inefficiencies for the Department, by 

such percentage less than 10 percent as the Chief Management Officer considers appropriate to avoid such inefficiencies, but only after notifying the congressional defense 

committees of such lesser percentage in reduction of rates 

pursuant to this subparagraph; 

(2) eliminate the duplication of services within the Agency; 

and 

(3) establish specific goals and metrics to ensure that the 

Agency is fulfilling its mission of providing items and materials 

to customers with sufficient speed and in sufficient quantities 

to ensure the lethality and readiness of warfighters. 

(c) PLAN REQUIRED.—Not later than February 1, 2019, the 

Director and the Chief Management Officer shall jointly submit 

to the congressional defense committees a plan that describes how 

10 USC 191 note. 


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the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b). 

SEC. 925. REVIEW OF FUNCTIONS OF DEFENSE CONTRACT AUDIT 

AGENCY AND DEFENSE CONTRACT MANAGEMENT AGENCY. 

(a) REVIEW.—The Secretary of Defense shall, acting through 

the Chief Management Officer of the Department of Defense, direct 

the Under Secretary of Defense for Acquisition and Sustainment 

and the Under Secretary of Defense (Comptroller) to conduct a 

joint review of the functions of the Defense Contract Audit Agency 

and the Defense Contract Management Agency. The review shall 

include the following: 

(1) A validation of the missions and functions of each 

Agency. 

(2) An assessment of the effectiveness of each Agency in 

performing designated functions, including identification and 

analysis of qualitative and quantitative metrics of performance. 

(3) An assessment of the adequacy of the resources, authorities, workforce training, and size of each Agency to perform 

designated functions. 

(4) An assessment of cost savings or avoidance attributable 

to the conduct of the activities of each Agency. 

(5) A determination whether functions performed by either 

Agency could be performed more appropriately and effectively 

by any combination of the following: 

(A) The other Agency. 

(B) Any other organization or element of the Department of Defense, including the military departments. 

(C) Commercial providers. 

(6) A validation of the continued need for two separate 

Agencies with oversight for defense contracting. 

(b) REPORT.—Not later than March 1, 2020, the Secretary of 

Defense shall submit to the congressional defense committees a 

report that sets forth the results of the review conducted under 

subsection (a). 

SEC. 926. REVIEW AND IMPROVEMENT OF THE OPERATIONS OF THE 

DEFENSE FINANCE AND ACCOUNTING SERVICE. 

(a) IN GENERAL.—Not later than March 1, 2020, the Chief 

Management Officer of the Department of Defense and the Under 

Secretary of Defense (Comptroller) shall conduct a joint review 

of the activities of the Defense Finance and Accounting Service. 

The review shall include the following: 

(1) A validation of the missions and functions of the Service. 

(2) An assessment of the effectiveness of the Service in 

performing designated functions, including identification and 

analysis of qualitative and quantitative metrics of performance. 

(3) An assessment of the resources, authorities, workforce 

training, and size of the Service to perform designated functions. 

(4) An assessment of changes required to the mission and 

activities of the Service based on the availability and application 

of current and potential future information technology capabilities. 

(5) A determination whether any functions currently performed by the Service could be performed more appropriately 

and effectively by any combination of the following: 


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(A) Any other organization or element of the Department of Defense, including the military departments. 

(B) Commercial providers. 

(6) A determination whether any functions currently performed by other organizations or elements of the Department 

could be consolidated within the Service in order to promote 

effectiveness and reduce duplicative effort. 

(b) REPORT.—Not later than March 1, 2020, the Secretary of 

Defense shall submit to the congressional defense committees a 

report setting forth the results of the review conducted under subsection (a). 

SEC. 927. ASSESSMENT OF CHIEF INFORMATION OFFICER FUNCTIONS 

IN CONNECTION WITH TRANSITION TO ENTERPRISE-WIDE 

MANAGEMENT OF INFORMATION TECHNOLOGY AND COMPUTING. 

(a) ASSESSMENT REQUIRED.—The Chief Information Officer of 

the Department of Defense shall, in conjunction with the Chief 

Management Officer of the Department of Defense, conduct an 

assessment of chief information officer functions in the Department 

of Defense with a view toward the rationalization of such functions 

across the Defense Agencies and Department of Defense Field 

Activities in a manner consistent with the plans of the Department 

for a transition to enterprise-wide management of information technology (IT) networks and computing. 

(b) ELEMENTS.—The assessment conducted pursuant to subsection (a) shall result in the following: 

(1) A determination of the number, duties and responsibilities, and grades of personnel performing management and 

oversight of information technology activities. 

(2) Recommendations for the role the Chief Information 

Officer in managing the information technology workforce in 

the Office of the Secretary of Defense, and for selecting and 

approving personnel for the information technology workforces 

of the military departments, Defense Agencies, and Department 

of Defense Field Activities. 

(c) REPORT REQUIRED.—Not later than February 1, 2019, the 

Chief Information Officer and the Chief Management Officer shall 

jointly submit to the congressional defense committees a report 

that sets forth a description of the results of the assessment conducted pursuant to subsection (a), including a description of any 

actions proposed as a result of the assessment to achieve enterprisewide efficiencies in the management of information technology networks and computing. 

(d) PLAN REQUIRED.—Not later than January 1, 2020, the Chief 

Information Officer and the Chief Management Officer shall jointly 

submit to the congressional defense committees a report setting 

forth a plan to carry out the proposed actions described in subsection 

(c). 

SEC. 928. COMPTROLLER GENERAL OF THE UNITED STATES REPORT 

ON CROSS-ENTERPRISE ACTIVITIES OF THE INSPECTORS 

GENERAL OF THE DEPARTMENT OF DEFENSE. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to Congress a report on cross-enterprise activities of the Inspectors General of the organizations and elements 

of the Department of Defense, including public affairs, human 


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resources, services contracting, other contracting, and any other 

cross-enterprise activities of the Inspectors General the Comptroller 

General considers appropriate for purposes of the report. 

(b) ELEMENTS.—The report under subsection (a) shall identify 

with respect to the activities referred to in that subsection the 

following: 

(1) Opportunities to maximize efficiency. 

(2) Opportunities to minimize duplication of effort, 

including through reduction or elimination of duplicative functions. 

(3) Any other matters the Comptroller General considers 

appropriate. 

SEC. 929. GENERAL PROVISIONS. 

(a) CONSOLIDATED REPORT.—The plans and reports required 

to be submitted to the congressional defense committees under 

this subtitle on or before March 1, 2020, may be combined and 

submitted in the form of a single, consolidated document. 

(b) DEFINITIONS.—In this subtitle, the terms ‘‘Defense Agency’’, 

‘‘Department of Defense Field Activity’’, and ‘‘military departments’’ 

have the meanings given the terms in section 101(a) of title 10, 

United States Code. 

Subtitle D—Other Department of Defense 

Organization and Management Matters 

SEC. 931. LIMITATION ON AVAILABILITY OF FUNDS FOR MAJOR HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF 

DEFENSE. 

(a) CERTIFICATION ON AVERAGE AMOUNTS EXPENDED ON MAJOR

HEADQUARTERS ACTIVITIES.—Not later than February 1, 2019, the 

Under Secretary of Defense (Comptroller) shall submit to the 

congressional defense committees a report that certifies each of 

the following percentages in connection with amounts expended 

on major headquarters activities: 

(1) The average percentage of the amount authorized to 

be appropriated for the Department of Defense per fiscal year, 

during the 10 fiscal years ending with fiscal year 2018, that 

has been expended on major headquarters activities. 

(2) The average percentage of the amount authorized to 

be appropriated for the Department of Defense per fiscal year, 

during the 10 fiscal years ending with fiscal year 2018, that 

has been expended on major headquarters activities of the 

Office of the Secretary of Defense. 

(3) The average percentage of the amount authorized to 

be appropriated for each military department per fiscal year, 

during the 10 fiscal years ending with fiscal year 2018, that 

has been expended on major headquarters activities of such 

military department. 

(4) The average percentage of the amount authorized to 

be appropriated for the Department of Defense per fiscal year, 

during the 10 fiscal years ending with fiscal year 2018, and 

available for the combatant commands that has been spent 

on major headquarters activities of the combatant commands. 

(b) OVERALL LIMITATION.—In fiscal year 2021, the aggregate 

amount that may be obligated and expended on major headquarters 


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activities may not exceed an amount equal to the percentage specified in subsection (a)(1) of the amount authorized to be appropriated 

for the Department of Defense for that fiscal year. 

(c) LIMITATION FOR PARTICULAR ACTIVITIES.—Within the 

amount available for fiscal year 2021 pursuant to subsection (b), 

amounts shall be available as follows: 

(1) For major headquarters activities of the Office of the 

Secretary of Defense, not more than an amount equal to the 

percentage specified in subsection (a)(2) of the amount authorized to be appropriated for the Department of Defense for 

fiscal year 2021. 

(2) For major headquarters activities of each military 

department, not more than an amount equal to the percentage 

specified in subsection (a)(3) with respect to such military 

department of the amount authorized to be appropriated for 

such military department for fiscal year 2021. 

(3) For major headquarters activities of the combatant commands, not more than an amount equal to the percentage 

specified in subsection (a)(4) of the amount authorized to be 

appropriated for the Department of Defense for fiscal year 

2021 and available for the combatant commands. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘major headquarters activities’’ has the 

meaning given the term ‘‘major Department of Defense headquarters activities’’ in section 346(b)(3) of the National Defense 

Authorization Act for Fiscal Year 2016 (10 U.S.C. 111 note). 

(2) The term ‘‘major headquarters activities of a military 

department’’ means the following: 

(A) In the case of the Army, the Office of the Secretary 

of the Army and the Army Staff. 

(B) In the case of the Navy, the Office of the Secretary 

of the Navy, the Office of the Chief of Naval Operations, 

and Headquarters, Marine Corps. 

(C) In the case of the Air Force, the Office of the 

Secretary of the Air Force and the Air Staff. 

(3) The term ‘‘Office of the Secretary of Defense’’ includes 

the Joint Staff. 

SEC. 932. JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM. 

(a) FELLOWSHIP PROGRAM.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall 

establish within the Department of Defense a civilian fellowship 

program designed to provide leadership development and the 

commencement of a career track toward senior leadership in 

the Department. 

(2) DESIGNATION.—The fellowship program shall be known 

as the ‘‘John S. McCain Strategic Defense Fellows Program’’ 

(in this section referred to as the ‘‘fellows program’’). 

(b) ELIGIBILITY.—An individual is eligible for participation in 

the fellows program if the individual— 

(1) is a citizen of the United States or a lawful permanent 

resident of the United States in the year in which the individual 

applies for participation in the fellows program; and 

(2) either— 

(A) possesses a graduate degree from an accredited 

institution of higher education in the United States that 

10 USC 1580 

note prec. 


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was awarded not later than two years before the date 

of the acceptance of the individual into the fellows program; 

or 

(B) will be awarded a graduate degree from an accredited institution of higher education in the United States 

not later than six months after the date of the acceptance 

of the individual into the fellows program. 

(c) APPLICATION.— (1) APPLICATION REQUIRED.—Each individual seeking to 

participate in the fellows program shall submit to the Secretary 

of Defense an application therefor at such time and in such 

manner as the Secretary shall specify. 

(2) ELEMENTS.—Each application of an individual under 

this subsection shall include the following: 

(A) Transcripts of educational achievement at the 

undergraduate and graduate level. 

(B) A resume. 

(C) Proof of citizenship or lawful permanent residence. 

(D) An endorsement from the applicant’s graduate 

institution of higher education. 

(E) An academic writing sample. 

(F) Letters of recommendation addressing the 

applicant’s character, academic ability, and any extracurricular activities. 

(G) A personal statement by the applicant explaining 

career areas of interest and motivations for service in the 

Department. 

(H) Such other information as the Secretary considers 

appropriate. 

(d) SELECTION.— 

(1) IN GENERAL.—Each year, the Secretary of Defense shall 

select participants in the fellows program from among 

applicants for the fellows program for such year who qualify 

for participation in the fellows program based on character, 

commitment to public service, academic achievement, extracurricular activities, and such other qualifications for participation in the fellows program as the Secretary considers appropriate. 

(2) NUMBER.—The number of individuals selected to participate in the fellows program in any year may not exceed the 

numbers as follows: 

(A) Ten individuals from each geographic region of 

the United States as follows: 

(i) The Northeast. 

(ii) The Southeast. 

(iii) The Midwest. 

(iv) The Southwest. 

(v) The West. 

(B) Ten additional individuals. 

(3) BACKGROUND INVESTIGATION.—An individual selected 

to participate in the fellows program may not participate in 

the program unless the individual successfully undergoes a 

background investigation applicable to the position to which 

the individual will be assigned under the fellows program and 

otherwise meets such requirements applicable to assignment 

to a sensitive position within the Department that the Secretary 

considers appropriate. 


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(e) ASSIGNMENT.— (1) IN GENERAL.—Each individual who participates in the 

fellows program shall be assigned to a position in one of the 

following: 

(A) The Office of the Secretary of Defense. 

(B) An office of the Secretary of a military department. 

(2) POSITION REQUIREMENTS.—Each Secretary of a military 

department, and each Under Secretary of Defense and Director 

of a Defense Agency who reports directly to the Secretary 

of Defense, shall submit to the Secretary of Defense each year 

the qualifications and skills to be demonstrated by participants 

in the fellows program to qualify for assignment under this 

subsection for service in a position of the office of such Secretary, Under Secretary, or Director. 

(3) ASSIGNMENT TO POSITIONS.—The Secretary of Defense 

shall each year assign participants in the fellows program 

to positions in the offices of the Secretaries of the military 

departments, and the offices of the Under Secretaries and Directors described in paragraph (2). In making such assignments, 

the Secretary of Defense shall seek to best match the qualifications and skills of participants in the fellows program with 

the requirements of positions available for assignment. Each 

participant so assigned shall serve as a special assistant to 

the Secretary, Under Secretary, or Director to whom assigned. 

(4) LIMITATION ON NUMBER ASSIGNABLE TO SECRETARIES

OF MILITARY DEPARTMENTS.—The number of participants in 

the fellows program who are assigned to the office of a Secretary 

of a military department in any year may not exceed five 

participants. 

(5) TERM.—The term of each assignment under the fellows 

program shall be one year. 

(6) PAY AND BENEFITS.—An individual assigned to a position under the fellows program shall be compensated at the 

rate of compensation for employees at level GS–10 of the General Schedule, and shall be treated as an employee of the 

United States during the term of assignment, including for 

purposes of eligibility for health care benefits and retirement 

benefits available to employees of the United States. 

(7) EDUCATION LOAN REPAYMENT.—To the extent that funds 

are provided in advance in appropriations Acts, the Secretary 

of Defense may repay any loan of a participant in the fellows 

program if the loan is described by subparagraph (A), (B), 

or (C) of section 16301(a)(1) of title 10, United States Code. 

Any repayment of loans under this paragraph shall be on 

a first-come, first-served basis. 

(f) CAREER DEVELOPMENT.— 

(1) IN GENERAL.—The Secretary of Defense shall ensure 

that participants in the fellows program— 

(A) receive opportunities and support appropriate for 

the commencement of a career track within the Department 

leading toward a future position of senior leadership within 

the Department, including ongoing mentorship support 

through appropriate personnel from entities within the 

Department such as the Defense Business Board and the 

Defense Innovation Board; and 

(B) are provided appropriate opportunities for employment and advancement within the Department upon 


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successful completion of the fellows program, including, 

if appropriate, opportunities to work at Department 

installations or Field Activities for between 12 and 24 

months. 

(2) RESERVATION OF POSITIONS.—In carrying out paragraph 

(1)(B), the Secretary shall reserve for participants who successfully complete the fellows program not fewer than 30 positions 

in the excepted service within the Department that are suitable 

for the commencement of a career track toward senior leadership within the Department. Any position so reserved shall 

not be subject to or covered by any reduction in headquarters 

personnel required under any other provision of law. 

(3) NONCOMPETITIVE APPOINTMENT.—Upon the successful 

completion of the assignment of a participant in the fellows 

program in a position pursuant to subsection (e), the Secretary 

may, without regard to the provisions of subchapter I of chapter 

33 of title 5, United States Code, appoint the participant to 

a position reserved pursuant to paragraph (2) if the Secretary 

determines that such appointment will contribute to the 

development of highly qualified future senior leaders for the 

Department. 

(4) PUBLICATION OF SELECTION.—The Secretary shall publish on an Internet website of the Department available to 

the public the names of the individuals selected to participate 

in the fellows program. 

(g) OUTREACH.—The Secretary of Defense shall undertake 

appropriate outreach to inform potential participants in the fellows 

program of the nature and benefits of participation in the fellows 

program. 

(h) REGULATIONS.—The Secretary of Defense shall carry out 

this section in accordance with such regulations as the Secretary 

may prescribe for purposes of this section. 

(i) FUNDING.—Of the amounts authorized to be appropriated 

for each fiscal year for the Department of Defense for operation 

and maintenance, Defense-wide, $10,000,000 may be available to 

carry out the fellows program in such fiscal year. 

SEC. 933. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL. 

Section 129a(g)(1)(A) of title 10, United States Code, is amended 

by striking ‘‘, including a permanent conversion’’ and all that follows 

through the semicolon and inserting ‘‘is cost-effective, taking into 

account the fully-burdened costs of the civilian, military, and contractor workforces, including the impact of the performance of such 

functions on military career progression or when required by military necessity;’’. 

SEC. 934. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON ESTIMATION AND COMPARISON OF COSTS OF CIVILIAN AND 

MILITARY MANPOWER AND CONTRACT SUPPORT FOR THE 

DEPARTMENT OF DEFENSE. 

Not later than March 1, 2019, the Secretary of Defense shall 

submit to the congressional defense committees a report on the 

implementation of Department of Defense Instruction 7041.04. The 

report shall include an assessment whether the Department of 

Defense is properly using civilian personnel in its workforce in 

the most cost-efficient manner when compared to its use of military 

and contractor personnel in its workforce. 


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SEC. 935. REVIEW OF FOREIGN CURRENCY EXCHANGE RATES AND 

ANALYSIS OF FOREIGN CURRENCY FLUCTUATIONS, 

DEFENSE APPROPRIATION. 

(a) IN GENERAL.—The Under Secretary of Defense (Comptroller) 

shall, in coordination with the Comptrollers of the military departments, conduct a review of the exchange rates for foreign currency 

used when making a disbursement pursuant to any expenditure 

or expense made by the Department of Defense in order to determine whether cost-savings could be achieved through a more consistent selection of cost-effective rates in the making of such 

disbursements. The review shall include an analysis of realized 

and projected losses on foreign currency exchange in order to determine an appropriate balance for the ‘‘Foreign Currency Fluctuations, Defense’’ account. 

(b) REPORT.—Not later than January 31, 2019, the Under Secretary shall submit to the congressional defense committees a report 

setting forth a summary of the review conducted pursuant to subsection (a). 

SEC. 936. RESPONSIBILITY FOR POLICY ON CIVILIAN CASUALTY MATTERS. 

(a) DESIGNATION OF SENIOR CIVILIAN OFFICIAL.—Not later than 

90 days after the date of the enactment of this Act, the Under 

Secretary of Defense for Policy shall designate a senior civilian 

official of the Department of Defense within the Office of the Secretary of Defense at or above the level of Assistant Secretary 

of Defense to develop, coordinate, and oversee compliance with 

the policy of the Department relating to civilian casualties resulting 

from United States military operations. 

(b) RESPONSIBILITIES.—The senior civilian official designated 

under subsection (a) shall ensure that the policy referred to in 

that subsection provides for— 

(1) uniform processes and standards across the combatant 

commands for accurately recording kinetic strikes by the United 

States military; 

(2) the development and dissemination of best practices 

for reducing the likelihood of civilian casualties from United 

States military operations; 

(3) the development of publicly available means, including 

an Internet-based mechanism, for the submittal to the United 

States Government of allegations of civilian casualties resulting 

from United States military operations; 

(4) uniform processes and standards across the combatant 

commands for reviewing and investigating allegations of civilian 

casualties resulting from United States military operations, 

including the consideration of relevant information from all 

available sources; 

(5) uniform processes and standards across the combatant 

commands for— 

(A) acknowledging the responsibility of the United 

States military for civilian casualties resulting from United 

States military operations; and 

(B) offering ex gratia payments to civilians who have 

been injured, or to the families of civilians killed, as a 

result of United States military operations, as determined 

to be necessary by the designated senior civilian official; 

10 USC 134 note. 


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132 STAT. 1940 PUBLIC LAW 115–232—AUG. 13, 2018 

(6) regular engagement with relevant intergovernmental 

and nongovernmental organizations; 

(7) public affairs guidance with respect to matters relating 

to civilian casualties alleged or confirmed to have resulted 

from United States military operations; and 

(8) such other matters with respect to civilian casualties 

resulting from United States military operations as the designated senior civilian official considers appropriate. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the senior civilian official designated under 

subsection (a) shall submit to the congressional defense committees 

a report that describes— 

(1) the policy developed by the senior civilian official under 

that subsection; and 

(2) the efforts of the Department to implement such policy. 

SEC. 937. ADDITIONAL MATTERS IN CONNECTION WITH BACKGROUND 

AND SECURITY INVESTIGATIONS FOR DEPARTMENT OF 

DEFENSE PERSONNEL. 

Section 925(k)(3) of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91) is amended— 

(1) by redesignating subparagraphs (H) through (L) as subparagraphs (I) through (M), respectively; and 

(2) by inserting after subparagraph (G) the following new 

subparagraph (H): 

‘‘(H) The number of denials or revocations of a security 

clearance by each authorized adjudicative agency that 

occurred separately from a periodic reinvestigation.’’. 

SEC. 938. RESEARCH AND DEVELOPMENT TO ADVANCE CAPABILITIES 

OF THE DEPARTMENT OF DEFENSE IN DATA INTEGRATION 

AND ADVANCED ANALYTICS IN CONNECTION WITH PERSONNEL SECURITY. 

(a) PLAN REQUIRED.—The Under Secretary of Defense for Intelligence shall develop a plan on research and development activities 

to advance the capabilities of the Department of Defense in data 

integration and advanced analytics in connection with personnel 

security activities of the Department. The plan shall, to the extent 

practicable, provide for the leveraging of the capabilities of other 

government entities, institutions of higher education, and private 

sector entities with advanced, leading-edge expertise in data 

integration and analytics applicable to the challenges faced by 

the Department in connection with personnel security. 

(b) COORDINATION.—Any activities under the plan may be carried out in coordination with the Defense Digital Service and the 

Defense Innovation Board. 

(c) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Under Secretary shall provide to the 

appropriate committees of Congress a briefing on the plan. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Select Committee on Intelligence of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 

10 USC 1564 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1941 

Subtitle E—Other Matters 

SEC. 941. TRUSTED INFORMATION PROVIDER PROGRAM FOR 

NATIONAL SECURITY POSITIONS AND POSITIONS OF 

TRUST. 

(a) PROGRAM REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Security Executive Agent 

and the Suitability/Credentialing Executive Agent shall establish 

and implement a program (to be known as the ‘‘Trusted Information 

Provider Program’’) to share between and among agencies of the 

Federal Government and industry partners of the Federal Government relevant background information regarding individuals 

applying for and currently occupying national security positions 

and positions of trust, in order to ensure the Federal Government 

maintains a trusted workforce. 

(b) PRIVACY SAFEGUARDS.—The Security Executive Agent and 

the Suitability/Credentialing Executive Agent shall ensure that the 

program required by subsection (a) includes such safeguards for 

privacy as the Security Executive Agent and the Suitability/ 

Credentialing Executive Agent consider appropriate. 

(c) PROVISION OF INFORMATION TO THE FEDERAL GOVERNMENT.—The program required by subsection (a) shall include 

requirements that enable Investigative Service Providers and agencies of the Federal Government to leverage certain pre-employment 

information gathered during the employment or military recruiting 

process, and other relevant security or human resources information 

obtained during employment with or for the Federal Government, 

that satisfy Federal investigative standards, while safeguarding 

personnel privacy. 

(d) INFORMATION AND RECORDS.—The information and records 

considered under the program required by subsection (a) shall 

include the following: 

(1) Date and place of birth. 

(2) Citizenship or immigration and naturalization information. 

(3) Education records. 

(4) Employment records. 

(5) Employment or social references. 

(6) Military service records. 

(7) State and local law enforcement checks. 

(8) Criminal history checks. 

(9) Financial records or information. 

(10) Foreign travel, relatives or associations. 

(11) Social media checks. 

(12) Any other information or records relevant to obtaining 

or maintaining national security, suitability, fitness, or 

credentialing eligibility. 

(e) IMPLEMENTATION PLAN.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Security Executive Agent 

and the Suitability/Credentialing Executive Agent shall jointly 

submit to Congress a plan for the implementation of the program required by subsection (a). 

(2) ELEMENTS.—The plan required by paragraph (1) shall 

include the following: 

50 USC 3161 

note. 


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132 STAT. 1942 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) Mechanisms that address privacy, national security, suitability or fitness, credentialing, and human 

resources or military recruitment processes. 

(B) Such recommendations for legislative or administrative action as the Security Executive Agent and the 

Suitability/Credentialing Executive Agent consider appropriate to carry out or improve the program. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘Security Executive Agent’’ means the Director 

of National Intelligence acting as the Security Executive Agent 

in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 

50 U.S.C. 3161 note). 

(2) The term ‘‘Suitability/Credentialing Executive Agent’’ 

means the Director of the Office of Personnel Management 

acting as the Suitability/Credentialing Executive Agent in 

accordance with Executive Order 13467. 

SEC. 942. REPORT ON EXPEDITED PROCESSING OF SECURITY CLEARANCES FOR MISSION-CRITICAL POSITIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Security Executive Agent shall submit 

to Congress a report on the feasibility and advisability of, and 

existing barriers to, programs for expedited processing of security 

clearances for mission-critical positions, whether filled by Government or contract employees. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) Recommendations for the establishment by Government 

agencies of programs designed to prioritize processing of security clearances among their Government and contract 

employees seeking security clearances. 

(2) Proposed timeliness for the implementation of programs 

recommended pursuant to paragraph (1). 

(3) Recommendations for legislative or administrative 

actions to enable and improve programs of Government agencies for the expedited processing of security clearances for mission-critical positions. 

(c) SECURITY EXECUTIVE AGENT DEFINED.—In this section, the 

term ‘‘Security Executive Agent’’ means the Director of National 

Intelligence acting as the Security Executive Agent in accordance 

with Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 

note). 

SEC. 943. REPORT ON CLEARANCE IN PERSON CONCEPT. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Security Executive Agent shall 

submit to the appropriate committees of Congress a report on 

the requirements, feasibility, and advisability of implementing a 

clearance in person concept as described in subsection (b) for 

maintaining access to classified information. 

(b) CLEARANCE IN PERSON CONCEPT.— 

(1) IN GENERAL.—Implementation of a clearance in person 

concept as described in this subsection would permit an individual who has been granted a national security clearance 

to maintain eligibility for access to classified information, networks, and facilities after the individual has separated from 

service to the Federal Government or transferred to a position 

that no longer requires access to classified information. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1943 

(2) RECOGNITION AS CURRENT.—The concept described in 

paragraph (1) would also ensure that, unless otherwise directed 

by the Security Executive Agent, the individual’s security clearance would be recognized as current, regardless of employment 

status, with no further need for investigation or revalidation 

until the individual obtains a position requiring access to classified information. 

(c) CONTENTS.—The report required by subsection (a) shall 

address the following: 

(1) Requirements for continuous vetting. 

(2) Appropriate safeguards for privacy. 

(3) An appropriate funding model. 

(4) Fairness to small business concerns and independent 

contractors. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) The term ‘‘Security Executive Agent’’ means the Director 

of National Intelligence acting as the Security Executive Agent 

in accordance with Executive Order 13467 (73 Fed. Reg. 38103; 

50 U.S.C. 3161 note). 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Expertise in audit remediation. 

Sec. 1003. Authority to transfer funds to Director of National Intelligence for 

CAPNET. 

Sec. 1004. Audit of financial systems of the Department of Defense. 

Sec. 1005. Report on auditable financial statements. 

Sec. 1006. Transparency of accounting firms used to support Department of Defense audit. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Inclusion of operation and sustainment costs in annual naval vessel construction plans. 

Sec. 1012. Purchase of vessels using funds in National Defense Sealift Fund. 

Sec. 1013. Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund. 

Sec. 1014. Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures. 

Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United 

States Code, and other provisions of law regarding naval vessels. 

Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft carriers. 

Sec. 1017. Limitation on use of funds for retirement of hospital ships. 

Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget request in annual 

budget justification materials. 

Sec. 1019. Business case analysis of Ready Reserve Force recapitalization options. 

Sec. 1020. Transfer of excess naval vessel to Bahrain. 

Subtitle C—Counterterrorism 

Sec. 1031. Definition of sensitive military operation. 

Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1033. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba, to the United 

States. 


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132 STAT. 1944 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1035. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba, to certain 

countries. 

Subtitle D—Miscellaneous Authorities and Limitations 

Sec. 1041. Strategic guidance documents within the Department of Defense. 

Sec. 1042. Notification on the provision of defense sensitive support. 

Sec. 1043. Coordinating United States response to malign foreign influence operations and campaigns. 

Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda of agreement. 

Sec. 1045. Workforce issues for military realignments in the Pacific. 

Sec. 1046. Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment. 

Sec. 1047. Limitation on availability of funds for unmanned surface vehicles. 

Sec. 1048. Pilot program for Department of Defense controlled unclassified information in the hands of industry. 

Sec. 1049. Critical technologies list. 

Sec. 1050. Airborne Hazards and Open Burn Pit Registry. 

Sec. 1051. National Security Commission on Artificial Intelligence. 

Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup. 

Sec. 1053. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 

Subtitle E—Studies and Reports 

Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained Total 

Munitions Requirements and Out-Year inventory numbers. 

Sec. 1062. Improvement of annual report on civilian casualties in connection with 

United States military operations. 

Sec. 1063. Report on capabilities and capacities of Armored Brigade Combat 

Teams. 

Sec. 1064. Activities and reporting relating to Department of Defense’s Cloud Initiative. 

Sec. 1065. Limitation on use of funds for United States Special Operations Command Global Messaging and Counter-Messaging platform. 

Sec. 1066. Comprehensive review of professionalism and ethics programs for special 

operations forces. 

Sec. 1067. Munitions assessments and future-years defense program requirements. 

Sec. 1068. Report on establishment of Army Futures Command. 

Sec. 1069. Report on cyber-enabled information operations. 

Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery. 

Sec. 1071. Report on an updated Arctic strategy. 

Sec. 1072. Report on use and availability of military installations for disaster response. 

Sec. 1073. Report on Department of Defense participation in Export Administration 

Regulations license application review process. 

Sec. 1074. Military aviation readiness review in support of the National Defense 

Strategy. 

Sec. 1075. Report on highest-priority roles and missions of the Department of Defense and the Armed Forces. 

Subtitle F—Other Matters 

Sec. 1081. Technical, conforming, and clerical amendments. 

Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction. 

Sec. 1083. Modification of authority to transfer aircraft to other departments for 

wildfire suppression purposes. 

Sec. 1084. Improvement of database on emergency response capabilities. 

Sec. 1085. Disclosure requirements for United States-based foreign media outlets. 

Sec. 1086. United States policy with respect to freedom of navigation and overflight. 

Sec. 1087. National Commission on Military Aviation Safety. 

Sec. 1088. Sense of Congress regarding the international borders of the United 

States. 

Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual behavior 

committed on military installations. 

Sec. 1090. Recognition of America’s veterans. 

Sec. 1091. Prohibition of funds for Chinese language instruction provided by a Confucius Institute. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1945 

Sec. 1092. Department of Defense engagement with certain nonprofit entities in 

support of missions of deployed United States personnel around the 

world. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2019 between any such authorizations for that fiscal 

year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,500,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted 

toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by subsection (a) to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. EXPERTISE IN AUDIT REMEDIATION. 

(a) TECHNICAL CORRECTIONS.— 

(1) ELIMINATION OF DUPLICATIVE SECTION NUMBERS.— 

(A) IN GENERAL.—Chapter 9A of title 10, United States 

Code, is amended by redesignating sections 251 through 

254b as sections 240a through 240f, respectively. 

(B) CLERICAL AMENDMENTS.—The table of sections at 

the beginning of such chapter is amended by striking the 

items relating to sections 251 through 254b and inserting 

the following new items: 

‘‘240a. Audit of Department of Defense financial statements. 

‘‘240b. Financial Improvement and Audit Remediation Plan. 

‘‘240c. Audit: consolidated corrective action plan; centralized reporting system. 

‘‘240d. Audits: audit of financial statements of Department of Defense components 

by independent external auditors. 

‘‘240e. Audits: use of commercial data integration and analysis products in preparing audits. 

‘‘240f. Audits: selection of service providers for audit services.’’. 

10 USC 240a 

prec. 

10 USC 

240a–240f. 


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132 STAT. 1946 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) OTHER TECHNICAL CORRECTION.—Section 240b of title 

10, United States Code, as redesignated by paragraph (1), is 

amended in subsection (a)(2) by redesignating the second clause 

(iii) and clause (iv) as clauses (iv) and (v), respectively. 

(b) ADDITIONAL REQUIREMENTS FOR SEMIANNUAL BRIEFING ON

THE FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.— Paragraph (2) of subsection (b) of section 240b of title 10, United 

States Code, as redesignated by subsection (a), is amended by 

adding at the end the following new sentence: ‘‘Such briefing shall 

include both the absolute number and percentage of personnel 

performing the amount of auditing or audit remediation services 

being performed by professionals meeting the qualifications 

described in section 240d(b) of this title.’’. 

(c) ADDITIONAL REPORTING REQUIREMENTS.—Paragraph (1) of 

such subsection is amended— 

(1) in subparagraph (B), by adding at the end the following 

new clauses: 

‘‘(vii) If less than 50 percent of the auditing services or if less than 50 percent of the audit remediation 

services under contract, as described in the briefing 

required under paragraph (2), are being performed by 

professionals meeting the qualifications described in 

section 240d(b) of this title, a detailed description of 

the risks associated with the risks of the acquisition 

strategy of the Department with respect to conducting 

audits and audit remediation activities and an explanation of how the strategy complies with the policies 

expressed by Congress. 

‘‘(viii) If less than 25 percent of the auditing services or if less than 25 percent of the audit remediation 

services under contract, as described in the briefing 

required under paragraph (2), are being performed by 

professionals meeting the qualifications described in 

section 240d(b) of this title, a written certification that 

the staffing ratio complies with commercial best practices and presents no increased risk of delay in the 

Department’s ability to achieve a clean audit opinion.’’; 

and 

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

‘‘(C) ADDITIONAL REQUIREMENTS.— 

‘‘(i) UNCLASSIFIED FORM.—A description submitted 

pursuant to clause (vii) of subparagraph (B) or a certification submitted pursuant to clause (viii) of such 

subparagraph shall be submitted in unclassified form, 

but may contain a classified annex. 

‘‘(ii) DELEGATION.—The Secretary may not delegate 

the submission of a certification pursuant to clause 

(viii) of subparagraph (B) to any official other than 

the Deputy Secretary of Defense, the Chief Management Officer, or the Under Secretary of Defense (Comptroller).’’. 

SEC. 1003. AUTHORITY TO TRANSFER FUNDS TO DIRECTOR OF 

NATIONAL INTELLIGENCE FOR CAPNET. 

During fiscal year 2019, the Secretary of Defense may transfer 

to the Director of National Intelligence, under the authority in 

section 1001 of this Act, an amount that does not exceed $2,000,000 


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to provide support for the operation of the classified network known 

as CAPNET. 

SEC. 1004. AUDIT OF FINANCIAL SYSTEMS OF THE DEPARTMENT OF 

DEFENSE. 

The Secretary of Defense, acting through the Under Secretary 

of Defense (Comptroller) or an appropriate official of a military 

department, shall ensure that each major implementation of, or 

modification to, a business system that contributes to financial 

information of the Department of Defense is reviewed by professional accountants with experience reviewing Federal financial systems to validate that such financial system will meet any applicable 

Federal requirements. The Secretary of Defense shall ensure that 

such accountants— 

(1) are provided all necessary data and records; and 

(2) report independently on their findings. 

SEC. 1005. REPORT ON AUDITABLE FINANCIAL STATEMENTS. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report ranking all military departments and 

Defense Agencies in order of how advanced they are in achieving 

auditable financial statements as required by law. The report should 

not include information otherwise available in other reports to 

Congress. 

SEC. 1006. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT 

DEPARTMENT OF DEFENSE AUDIT. 

For all contract actions (including awards, renewals, and 

amendments) occurring more than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall require any 

accounting firm providing financial statement auditing or audit 

remediation services to the Department of Defense in support of 

the audit required under section 3521 of title 31, United States 

Code, to provide the Department with a statement setting forth 

the details of any disciplinary proceedings with respect to the 

accounting firm or its associated persons before any entity with 

the authority to enforce compliance with rules or laws applying 

to audit services offered by accounting firms. 

Subtitle B—Naval Vessels and Shipyards 

SEC. 1011. INCLUSION OF OPERATION AND SUSTAINMENT COSTS IN 

ANNUAL NAVAL VESSEL CONSTRUCTION PLANS. 

Section 231(b)(2) of title 10, United States Code, is amended 

by adding at the end the following new subparagraph: 

‘‘(F) The estimated operations and sustainment costs 

required to support the vessels delivered under the naval vessel 

construction plan.’’. 

SEC. 1012. PURCHASE OF VESSELS USING FUNDS IN NATIONAL 

DEFENSE SEALIFT FUND. 

Section 2218(f)(3) of title 10, United States Code, is amended— 

(1) in subparagraph (C)— 

(A) by striking ‘‘two’’ and inserting ‘‘seven’’; and 

(B) by striking ‘‘ships’’ and inserting ‘‘vessels’’; 

10 USC 240d 

note. 

10 USC 2222 

note. 


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(2) by redesignating subparagraph (E) as subparagraph 

(F); and 

(3) by inserting after subparagraph (D) the following new 

subparagraph (E): 

‘‘(E) The Secretary may not use the authority under this paragraph to procure more than two foreign constructed vessels unless 

the Secretary submits to Congress, by not later than the second 

week of February of the fiscal year during which the Secretary 

plans to use such authority, a certification that— 

‘‘(i) the Secretary has initiated an acquisition strategy for 

the construction in United States shipyards of not less than 

ten new sealift vessels; and 

‘‘(ii) of such new sealift vessels, the lead ship is anticipated 

to be delivered by not later than 2026.’’. 

SEC. 1013. PURCHASE OF VESSELS BUILT IN FOREIGN SHIPYARDS 

WITH FUNDS IN NATIONAL DEFENSE SEALIFT FUND. 

Section 2218(f)(3) of title 10, United States Code, as amended 

by section 1012, is further amended— 

(1) in subparagraph (F), as redesignated by such section 

1012— 

(A) by striking ‘‘30 days after’’ and inserting ‘‘30 days 

before’’; 

(B) in clause (i), by inserting ‘‘proposed’’ before ‘‘date’’; 

(C) in clause (ii), by striking ‘‘was’’ and inserting ‘‘would 

be’’; and 

(D) by adding at the end the following new clause: 

‘‘(viii) A detailed account of the criteria used to make 

the determination under subparagraph (B).’’; and 

(2) by inserting after subparagraph (F), as so redesignated, 

the following new subparagraph: 

‘‘(G) The Secretary may not finalize or execute the final purchase of any vessel using the authority under this paragraph until 

30 days after the date on which a report under subparagraph 

(E) is submitted with respect to such purchase.’’. 

SEC. 1014. DATE OF LISTING OF VESSELS AS BATTLE FORCE SHIPS 

IN THE NAVAL VESSEL REGISTER AND OTHER FLEET 

INVENTORY MEASURES. 

(a) IN GENERAL.—Section 7301 of title 10, United States Code, 

is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

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

‘‘(c) LISTING AS BATTLE FORCE SHIP IN NAVAL VESSEL REGISTER.—A covered vessel may not be listed in the Naval Vessel 

Register or other fleet inventory measures as a battle force ship 

until the delivery date specified in subsection (a).’’. 

(b) DEFINITIONS.—Such section is further amended by striking 

subsection (d), as redesignated by subsection (a)(1) of this section, 

and inserting the following new subsection: 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered vessel’ means any vessel of the 

Navy that is under construction or constructed using amounts 

authorized to be appropriated for the Department of Defense 

for shipbuilding and conversion, Navy. 

‘‘(2) The term ‘battle force ship’ means the following: 


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‘‘(A) A commissioned United States Ship warship 

capable of contributing to combat operations. 

‘‘(B) A United States Naval Ship that contributes 

directly to Navy warfighting or support missions.’’. 

SEC. 1015. TECHNICAL CORRECTIONS AND CLARIFICATIONS TO 

CHAPTER 633 OF TITLE 10, UNITED STATES CODE, AND 

OTHER PROVISIONS OF LAW REGARDING NAVAL VESSELS. 

(a) MODEL BASIN; INVESTIGATION OF HULL DESIGNS.—Section 

7303 of title 10, United States Code, is amended by striking ‘‘(a) 

An office’’ and all that follows through ‘‘(b) The Secretary’’ and 

inserting ‘‘The Secretary’’. 

(b) REPEAL OF UNDER-AGE VESSELS PROVISION.— 

(1) IN GENERAL.—Section 7295 of title 10, United States 

Code, is repealed: 

(2) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of chapter 633 of such title is amended by striking 

the item relating to section 7295. 

(c) OTHER PROVISIONS OF LAW.— 

(1) REPEAL OF POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY.— 

Section 1012 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303; 10 U.S.C. 

7291 note) is repealed. 

(2) REPEAL OF ALTERNATIVE TECHNOLOGIES FOR FUTURE

SURFACE COMBATANTS.—Section 128 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2109; 10 U.S.C. 7291 note) is repealed. 

(3) REPEAL OF PROVISION ON CONSIDERATION OF VESSEL

LOCATION FOR AWARD OF LAYBERTH CONTRACTS FOR SEALIFT

VESSELS.—Section 375 of the National Defense Authorization 

Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2385; 

10 U.S.C. 7291 note) is repealed. 

(4) REPEAL OF PROVISION ON REVITALIZATION OF UNITED

STATES SHIPBUILDING INDUSTRY.—Section 1031 of the National 

Defense Authorization Act for Fiscal Year 1993 (Public Law 

102–484; 106 Stat. 2489; 10 U.S.C. 7291 note) is repealed. 

(5) REPEAL OF FAST SEALIFT PROGRAM.—Section 1021 of 

the National Defense Authorization Act for Fiscal Year 1993 

(Public Law 102–484; 106 Stat. 2485; 10 U.S.C. 7291 note) 

is repealed. 

(6) REPEAL OF OBSOLETE REQUIREMENT FOR REPORTS ON

EFFECTS OF NAVAL SHIPBUILDING PLANS ON MARITIME INDUSTRIES.—Section 1227 of the National Defense Authorization 

Act for Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2055; 

10 U.S.C. 7291 note) is repealed. 

(7) REPEAL OF PROHIBITION ON USE OF PUBLIC AND PRIVATE

SHIPYARDS FOR CONVERSION, OVERHAUL, OR REPAIR WORK UNDER

CERTAIN PROGRAMS.—Section 811 of the Department of Defense 

Appropriation Authorization Act, 1979 (Public Law 95–485; 

92 Stat. 1624; 10 U.S.C. 7291 note) is repealed. 

(8) REPEAL OF OBSOLETE REQUIREMENT TO SUBMIT A FIVEYEAR NAVAL SHIP NEW CONSTRUCTION AND CONVERSION PROGRAM.—Section 808 of the Department of Defense Appropriation 

Authorization Act, 1976 (Public Law 94–106; 89 Stat. 539; 

10 U.S.C. 7291 note) is repealed. 

10 USC 7291 

prec. 


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132 STAT. 1950 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1016. DISMANTLEMENT AND DISPOSAL OF NUCLEAR-POWERED 

AIRCRAFT CARRIERS. 

(a) IN GENERAL.—Chapter 633 of title 10, United States Code, 

as amended by section 323, is further amended by adding after 

section 7320, as added by such section 323, the following new 

section: 

‘‘§ 7321. Nuclear-powered aircraft carriers: dismantlement 

and disposal 

‘‘(a) IN GENERAL.—Not less than 90 days before the award 

of a contract for the dismantlement and disposal of a nuclearpowered aircraft carrier, or the provision of funds to a naval shipyard for the dismantlement and disposal of a nuclear-powered aircraft carrier, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following: 

‘‘(1) A cost and schedule baseline for the dismantlement 

and disposal approved by the service acquisition executive of 

the Department of the Navy and the Chief of Naval Operations. 

‘‘(2) A description of the regulatory framework applicable 

to the management of radioactive materials in connection with 

the dismantlement and disposal, including, in cases in which 

the Navy intends to have another government entity serve 

as the regulatory enforcement authority— 

‘‘(A) a certification from that entity of its agreement 

to serve as the regulatory enforcement authority; and 

‘‘(B) a description of the legal basis for the authority 

of that entity to serve as the regulatory enforcement 

authority. 

‘‘(b) SUPPLEMENTAL INFORMATION WITH BUDGETS.—In the 

materials submitted to Congress by the Secretary of Defense in 

support of the budget of the President for a fiscal year (as submitted 

to Congress under section 1105(a) of title 31), the Secretary of 

the Navy shall include information on each dismantlement and 

disposal of a nuclear-powered aircraft carrier occurring or planned 

to occur during the period of the future-years defense program 

submitted to Congress with that budget. Such information shall 

include, by ship concerned, the following: 

‘‘(1) A summary of activities and significant developments 

in connection with such dismantlement and disposal. 

‘‘(2) If applicable, a detailed description of cost and schedule 

performance against the baseline for such dismantlement and 

disposal established pursuant to subsection (a), including a 

description of and explanation for any variance from such baseline. 

‘‘(3) A description of the amounts requested, or intended 

or estimated to be requested, for such dismantlement and disposal for each of the following: 

‘‘(A) Each fiscal year covered by the future-years 

defense program. 

‘‘(B) Any fiscal years before the fiscal years covered 

by the future-years defense program. 

‘‘(C) Any fiscal years after the end of the period of 

the future-years defense program. 

‘‘(c) FUTURE-YEARS DEFENSE PROGRAM DEFINED.—In this section, the term ‘future-years defense program’ means the futureyears defense program required by section 221 of this title.’’. 

10 USC 7321. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1951 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 633 of such title, as amended by section 323, 

is further amended by adding at the end the following new item: 

‘‘7321. Nuclear-powered aircraft carriers: dismantlement and disposal.’’. 

SEC. 1017. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF HOSPITAL SHIPS. 

(a) LIMITATION.—Except as provided in subsection (b), none 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2019 for the Navy may be obligated 

or expended to retire, prepare to retire, transfer, or place in storage 

any hospital ship. 

(b) WAIVER.—The Secretary of the Navy may waive the limitation in subsection (a) with respect to a hospital ship if the Secretary 

certifies to the congressional defense committees that the Secretary 

has— 

(1) identified a replacement capability, and the necessary 

quantity of systems, to meet all hospital ship requirements 

of the combatant commands that are currently being met by 

such hospital ship; 

(2) achieved initial operational capability of all systems 

described in paragraph (1); and 

(3) deployed a sufficient quantity of systems described in 

paragraph (1) that have achieved initial operational capability 

in order to continue to meet or exceed all requirements of 

the combatant commands that are currently being met by such 

hospital ship. 

SEC. 1018. INCLUSION OF AIRCRAFT CARRIER REFUELING OVERHAUL 

BUDGET REQUEST IN ANNUAL BUDGET JUSTIFICATION 

MATERIALS. 

The Secretary of Defense shall include in the budget justification materials submitted to Congress by the Secretary in support 

of the budget of the President for fiscal year 2020 and each subsequent fiscal year, as part of the budget request for Shipbuilding 

and Conversion, Navy, a detailed aircraft carrier refueling overhaul 

budget request, by hull number, including all funding requested 

for reactor power units and reactor components. 

SEC. 1019. BUSINESS CASE ANALYSIS OF READY RESERVE FORCE 

RECAPITALIZATION OPTIONS. 

(a) BUSINESS CASE ANALYSIS REQUIRED.—Not later than 120 

days after the date of the enactment of this Act, the Secretary 

of the Navy shall, in consultation with the Administrator of the 

Maritime Administration and the Commander of United States 

Transportation Command, submit to the congressional defense 

committees a report setting forth a business case analysis of 

recapitalization options for the Ready Reserve Force. 

(b) ELEMENTS.—The business case analysis required by subsection (a) shall include the following: 

(1) Each sealift capability area, and the associated capacity, 

for which Ready Reserve Force vessels are required to be recapitalized through fiscal year 2048. 

(2) The categories of vessels being considered in each area 

specified pursuant to paragraph (1), including the following: 

(A) United States purpose-built vessels (such as 

Common Hull Auxiliary Multi-mission Platform). 

10 USC 221 note. 


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132 STAT. 1952 PUBLIC LAW 115–232—AUG. 13, 2018 

(B) United States non-purpose built vessels (such as 

vessels formerly engaged in Jones Act trade). 

(C) Foreign-built vessels that participated in the Maritime Security Program. 

(D) Foreign-built vessels that did not participate in 

the Maritime Security Program. 

(E) Foreign-designed, United States-built vessels. 

(3) For each category of vessel specified pursuant to paragraph (2), the following: 

(A) Anticipated availability of vessels within such category in the timeframe needed to meet United States 

Transportation Command sealift requirements. 

(B) Anticipated purchase price, if applicable. 

(C) Anticipated cost and scope of modernization. 

(D) Anticipated duration of modernization period. 

(E) Anticipated service life as a Ready Reserve Force 

vessel. 

(F) Anticipated military utility. 

(G) Ability of one such vessel to replace more than 

one existing Ready Reserve Force vessel. 

(4) A cost-benefit determination on the mix of capabilities 

and vessels identified pursuant to paragraphs (1) through (3) 

that could ensure United States Transportation Command sealift requirements are met through fiscal year 2048, which determination shall include a comparison of the useful service life 

of each category of vessels specified pursuant to paragraph 

(2) with the costs of such category of vessels. 

SEC. 1020. TRANSFER OF EXCESS NAVAL VESSEL TO BAHRAIN. 

(a) TRANSFER BY GRANT.—The President is authorized to 

transfer to the Government of Bahrain the OLIVER HAZARD 

PERRY class guided missile frigate ex-USS ROBERT G. BRADLEY 

(FFG–49) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 

(b) GRANT NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED

EXCESS DEFENSE ARTICLES.—The value of the vessel transferred 

to the Government of Bahrain on a grant basis pursuant to 

authority provided by subsection (a) shall not be counted against 

the aggregate value of excess defense articles transferred in any 

fiscal year under section 516 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2321j). 

(c) COSTS OF TRANSFER.—Any expense incurred by the United 

States in connection with the transfer authorized by this section 

shall be charged to the Government of Bahrain notwithstanding 

section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2321j(e)). 

(d) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall 

require, as a condition of the transfer of a vessel under this section, 

that the Government of Bahrain have such repair or refurbishment 

of the vessel as is needed, before the vessel joins the naval forces 

of that country, performed at a shipyard located in the United 

States, including a United States Navy shipyard. 

(e) EXPIRATION OF AUTHORITY.—The authority to transfer a 

vessel under this section shall expire at the end of the threeyear period beginning on the date of the enactment of this Act. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1953 

Subtitle C—Counterterrorism 

SEC. 1031. DEFINITION OF SENSITIVE MILITARY OPERATION. 

(a) IN GENERAL.—Subsection (d) of section 130f of title 10, 

United States Code, is amended to read as follows: 

‘‘(d) SENSITIVE MILITARY OPERATION DEFINED.—(1) Except as 

provided in paragraph (2), in this section, the term ‘sensitive military operation’ means— 

‘‘(A) a lethal operation or capture operation conducted by 

the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual 

or individuals; or 

‘‘(B) an operation conducted by the armed forces in selfdefense or in defense of foreign partners, including during 

a cooperative operation. 

‘‘(2) For purposes of this section, the term ‘sensitive military 

operation’ does not include any operation conducted within Afghanistan, Syria, or Iraq.’’. 

(b) COLLECTIVE SELF-DEFENSE NOTIFICATION.—Such section is 

further amended by adding at the end the following new subsection: 

‘‘(f) COLLECTIVE SELF-DEFENSE NOTIFICATION REQUIREMENT.— Not later than 48 hours after the date on which a foreign partner 

force has been designated as eligible for the provision of collective 

self-defense by the armed forces for the purposes of subsection 

(d)(1)(B), the Secretary of Defense shall provide to the congressional 

defense committees notice in writing of such designation.’’. 

(c) REPORT.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report that includes— 

(1) a list of any instance in which a member of the Armed 

Forces has engaged or been engaged by enemy forces, used 

self-defense, or provided collective self-defense of foreign 

partner forces in a country other than Afghanistan, Iraq, or 

Syria since December 26, 2013; and 

(2) a list of all foreign partner forces outside of Afghanistan, 

Iraq, and Syria for which the United States Armed Forces 

are authorized to provide collective self-defense. 

SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE 

OR RELINQUISH CONTROL OF UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

Section 1036 of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91) is amended by inserting 

‘‘or 2019’’ after ‘‘fiscal year 2018’’. 

SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 

RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE 

UNITED STATES. 

No amounts authorized to be appropriated or otherwise made 

available for the Department of Defense may be used during the 

period beginning on the date of the enactment of this Act and 

ending on December 31, 2019, to transfer, release, or assist in 

the transfer of or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other 

detainee who— 

131 Stat. 1551. 


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132 STAT. 1954 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 

FACILITIES IN THE UNITED STATES TO HOUSE 

DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—No amounts authorized to be appropriated 

or otherwise made available for the Department of Defense may 

be used during the period beginning on the date of the enactment 

of this Act and ending on December 31, 2019, to construct or 

modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the 

purposes of detention or imprisonment in the custody or under 

the control of the Department of Defense. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 

section, the term ‘‘individual detained at Guantanamo’’ has the 

meaning given that term in section 1034(f)(2) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 129 Stat. 971; 10 U.S.C. 801 note). 

SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR 

RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN 

COUNTRIES. 

No amounts authorized to be appropriated or otherwise made 

available for the Department of Defense may be used during the 

period beginning on the date of the enactment of this Act and 

ending on December 31, 2019, to transfer, release, or assist in 

the transfer or release of any individual detained in the custody 

or under the control of the Department of Defense at United States 

Naval Station, Guantanamo Bay, Cuba, to the custody or control 

of any country, or any entity within such country, as follows: 

(1) Libya. 

(2) Somalia. 

(3) Syria. 

(4) Yemen. 

Subtitle D—Miscellaneous Authorities and 

Limitations 

SEC. 1041. STRATEGIC GUIDANCE DOCUMENTS WITHIN THE DEPARTMENT OF DEFENSE. 

Section 113(g) of title 10, United States Code, is amended 

by striking paragraphs (2) through (4) and inserting the following 

new paragraphs (2) through (4): 

‘‘(2)(A) In implementing the requirement in paragraph (1), the 

Secretary, with the advice of the Chairman of the Joint Chiefs 

of Staff, shall each year provide to the officials and officers referred 

in paragraph (1)(A) written guidance (to be known as ‘Defense 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1955 

Planning Guidance’) establishing goals, priorities, and objectives, 

including fiscal constraints, to direct the preparation and review 

of the program and budget recommendations of all elements of 

the Department, including— 

‘‘(i) the priority military missions of the Department, 

including the assumed force planning scenarios and constructs; 

‘‘(ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, 

technological innovation, and other elements of the defense 

program necessary to support the strategy required by paragraph (1); 

‘‘(iii) the resource levels projected to be available for the 

period of time for which such recommendations and proposals 

are to be effective; and 

‘‘(iv) a discussion of any changes in the strategy required 

by paragraph (1) and assumptions underpinning the strategy, 

as required by paragraph (1). 

‘‘(B) The guidance required by this paragraph shall be produced 

in February each year in order to support the planning and budget 

process. A comprehensive briefing on the guidance shall be provided 

to the congressional defense committees at the same time as the 

submission of the budget of the President (as submitted to Congress 

pursuant to section 1105(a) of title 31) for the fiscal year beginning 

in the year in which such guidance is produced. 

‘‘(3)(A) In implementing the requirement in paragraph (1) and 

in conjunction with the reporting requirement in section 2687a 

of this title, the Secretary, with the approval of the President 

and the advice of the Chairman of the Joint Chiefs of Staff, shall, 

on the basis provided in subparagraph (E), provide to the officials 

and officers referred to in paragraph (1)(A) written guidance (to 

be known as ‘Contingency Planning Guidance’ or ‘Guidance for 

Employment of the Force’) on the preparation and review of contingency and campaign plans, including plans for providing support 

to civil authorities in an incident of national significance or a 

catastrophic incident, for homeland defense, and for military support to civil authorities. 

‘‘(B) The guidance required by this paragraph shall include 

the following: 

‘‘(i) A description of the manner in which limited existing 

forces and resources shall be prioritized and apportioned to 

achieve the objectives described in the strategy required by 

paragraph (1). 

‘‘(ii) A description of the relative priority of contingency 

and campaign plans, specific force levels, and supporting 

resource levels projected to be available for the period of time 

for which such plans are to be effective. 

‘‘(C) The guidance required by this paragraph shall include 

the following: 

‘‘(i) Prioritized global, regional, and functional policy objectives that the armed forces should plan to achieve, including 

plans for deliberate and contingency scenarios. 

‘‘(ii) Policy and strategic assumptions that should guide 

military planning, including the role of foreign partners. 

‘‘(iii) Guidance on global posture and global force management. 

‘‘(iv) Security cooperation priorities. 


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132 STAT. 1956 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘(v) Specific guidance on United States and Department 

nuclear policy. 

‘‘(D) The guidance required by this paragraph shall be the 

primary source document to be used by the Chairman of the Joint 

Chiefs of Staff in— 

‘‘(i) executing the global military integration responsibilities 

described in section 153 of this title; and 

‘‘(ii) developing implementation guidance for the Joint 

Chiefs of Staff and the commanders of the combatant commands. 

‘‘(E) The guidance required by this paragraph shall be produced 

every two years, or more frequently as needed. 

‘‘(4)(A) In implementing the requirement in paragraph (1), the 

Secretary, with the advice of the Chairman of the Joint Chiefs 

of Staff, shall each year produce, and submit to the congressional 

defense committees, a report (to be known as the ‘Global Defense 

Posture Report’) that shall include the following: 

‘‘(i) A description of major changes to United States forces, 

capabilities, and equipment assigned and allocated outside the 

United States, focused on significant alterations, additions, or 

reductions to such global defense posture that are required 

to execute the strategy and plans of the Department. 

‘‘(ii) A description of the supporting network of infrastructure, facilities, pre-positioned stocks, and war reserve materiel 

required for execution of major contingency plans of the Department. 

‘‘(iii) A list of all enduring locations, including main operating bases, forward operating sites, and cooperative security 

locations. 

‘‘(iv) A description of the status of treaty, access, costsharing, and status-protection agreements with foreign nations. 

‘‘(v) A summary of the priority posture initiatives for each 

region by the commanders of the combatant commands. 

‘‘(vi) For each military department, a summary of the 

implications for overseas posture of any force structure changes. 

‘‘(vii) A description of the costs incurred outside the United 

States during the preceding fiscal year in connection with operating, maintaining, and supporting United States forces outside 

the United States for each military department, broken out 

by country, and whether for operation and maintenance, infrastructure, or transportation. 

‘‘(viii) A description of the amount of direct support for 

the stationing of United States forces provided by each host 

nation during the preceding fiscal year. 

‘‘(B) The report required by this paragraph shall be submitted 

to the congressional defense committees as required by subparagraph (A) by not later than April 30 each year. 

‘‘(C) In this paragraph, the term ‘United States’, when used 

in a geographic sense, includes the territories and possessions of 

the United States.’’. 

SEC. 1042. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE 

SUPPORT. 

Section 1055 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is 

amended— 

(1) in subsection (a)— 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1957 

(A) in paragraph (1), by striking ‘‘; and’’ and inserting 

a semicolon; 

(B) in paragraph (2)(B), by striking the period at the 

end and inserting ‘‘; and’’; and 

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

‘‘(3) has been requested by the head of a non-Department 

of Defense Federal department or agency who has certified 

to the Secretary that the department or agency has reasonably 

attempted to use capabilities and resources internal to the 

department or agency.’’; and 

(2) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(4) REVERSE DEFENSE SENSITIVE SUPPORT REQUEST.—The 

Secretary shall notify the congressional defense committees 

(and the congressional intelligence committees with respect 

to matters relating to members of the intelligence community) 

of requests made by the Secretary to a non-Department of 

Defense Federal department or agency for support that requires 

special protection from disclosure in the same manner and 

containing the same information as the Secretary notifies such 

committees of defense sensitive support requests under paragraphs (1) and (3).’’. 

SEC. 1043. COORDINATING UNITED STATES RESPONSE TO MALIGN 

FOREIGN INFLUENCE OPERATIONS AND CAMPAIGNS. 

(a) IN GENERAL.—Section 101 of the National Security Act 

of 1947 (50 U.S.C. 3021) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘and’’ at the end; 

(B) in paragraph (3), by striking the period and 

inserting ‘‘; and’’; and 

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

‘‘(4) coordinate, without assuming operational authority, 

the United States Government response to malign foreign influence operations and campaigns.’’; and 

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

‘‘(g) COORDINATOR FOR COMBATING MALIGN FOREIGN INFLUENCE

OPERATIONS AND CAMPAIGNS.— 

‘‘(1) IN GENERAL.—The President shall designate an 

employee of the National Security Council to be responsible 

for the coordination of the interagency process for combating 

malign foreign influence operations and campaigns. 

‘‘(2) CONGRESSIONAL BRIEFING.— 

‘‘(A) IN GENERAL.—Not less frequently than twice each 

year, the employee designated under this subsection, or 

the employee’s designee, shall provide to the congressional 

committees specified in subparagraph (B) a briefing on 

the responsibilities and activities of the employee designated under this subsection. 

‘‘(B) COMMITTEES SPECIFIED.—The congressional 

committees specified in this subparagraph are the following: 

‘‘(i) The Committees on Armed Services, Foreign 

Affairs, and Oversight and Government Reform, and 

the Permanent Select Committee on Intelligence of 

the House of Representatives. 


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132 STAT. 1958 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘(ii) The Committees on Armed Services, Foreign 

Relations, and Homeland Security and Governmental 

Affairs, and the Select Committee on Intelligence of 

the Senate. 

‘‘(h) DEFINITION OF MALIGN FOREIGN INFLUENCE OPERATIONS

AND CAMPAIGNS.—In this section, the term ‘malign foreign influence 

operations and campaigns’ means the coordinated, direct or indirect 

application of national diplomatic, informational, military, economic, 

business, corruption, educational, and other capabilities by hostile 

foreign powers to affect attitudes, behaviors, decisions, or outcomes 

within the United States.’’. 

(b) STRATEGY.— (1) IN GENERAL.—Not later than 9 months after the date 

of the enactment of this Act, the President, acting through 

the National Security Council, shall submit to the congressional 

committees specified in paragraph (2) a strategy to counter 

malign foreign influence operations and campaigns (as such 

term is defined in section 101(h) of the National Security Act 

of 1947 (50 U.S.C. 3021), as added by subsection (a)). 

(2) COMMITTEES SPECIFIED.—The congressional committees 

specified in this paragraph are the following: 

(A) The Committees on Armed Services, Foreign 

Affairs, and Oversight and Government Reform, and the 

Permanent Select Committee on Intelligence of the House 

of Representatives. 

(B) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, 

and the Select Committee on Intelligence of the Senate. 

(c) DEADLINE FOR APPOINTMENT.—Not later than 180 days after 

the date of the enactment of this Act, the President shall designate 

the employee of the National Security Council to be responsible 

for the coordination of the interagency process for combating malign 

foreign influence operations and campaigns pursuant to subsection 

(g)(1) of section 101 of the National Security Act of 1947 (50 U.S.C. 

3021), as added by subsection (a)(2). 

SEC. 1044. CLARIFICATION OF REIMBURSABLE ALLOWED COSTS OF 

FAA MEMORANDA OF AGREEMENT. 

Section 47504(c)(2) of title 49, United States Code, is amended— 

(1) in subparagraph (D) by striking ‘‘and’’ at the end; 

(2) in subparagraph (E) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(F) to an airport operator of a congested airport (as defined 

in section 47175) and a unit of local government referred to 

in paragraph (1)(B) to carry out a project to mitigate noise, 

if the project— 

‘‘(i) consists of— 

‘‘(I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or 

‘‘(II) a contribution of the equivalent costs to be 

used for reconstruction if reconstruction is the preferred local solution; 

‘‘(ii) is located at a school near the airport; and 

‘‘(iii) is included in a memorandum of agreement 

entered into before September 30, 2002, even if the airport 

has not met the requirements of part 150 of title 14, 

50 USC 3021 

note. 


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Code of Federal Regulations, and only if the financial 

limitations of the memorandum are applied.’’. 

SEC. 1045. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE 

PACIFIC. 

(a) IN GENERAL.—Section 6(b) of the Joint Resolution entitled 

‘‘A Joint Resolution to approve the ‘Covenant To Establish a 

Commonwealth of the Northern Mariana Islands in Political Union 

With the United States of America’, and for other purposes’’, 

approved March 24, 1976 (48 U.S.C. 1806(b)) is amended— 

(1) in paragraph (1), by amending subparagraph (B) to 

read as follows: 

‘‘(B) H-2B WORKERS.—In the case of an alien described 

in subparagraph (A) who seeks admission under section 

101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(15)(H)(ii)(b)), the alien, if otherwise qualified, may, before December 31, 2023, be admitted under 

such section, notwithstanding the requirement of such section that the service or labor be temporary, for a period 

of up to 3 years— 

‘‘(i) to perform service or labor on Guam or in 

the Commonwealth pursuant to any agreement entered 

into by a prime contractor or subcontractor calling 

for services or labor required for performance of a 

contact or subcontract for construction, repairs, renovations, or facility services that is directly connected 

to, or associated with, the military realignment occurring on Guam and in the Commonwealth; or 

‘‘(ii) to perform service or labor as a health care 

worker (such as a nurse, physician assistant, or allied 

health professional) at a facility that jointly serves 

members of the Armed Forces, dependents, and 

civilians on Guam or in the Commonwealth, subject 

to the education, training, licensing, and other requirements of section 212(a)(5)(C) of the Immigration and 

Nationality Act (8 U.S.C. 1182(a)(5)(C)), as applicable, 

except that this clause shall not be construed to include 

graduates of medical schools coming to Guam or the 

Commonwealth to perform service or labor as members 

of the medical profession.’’; and 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) LOCATIONS.—Paragraph (1) does not apply with respect 

to the performance of services of labor at a location other 

than Guam or the Commonwealth.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date of the enactment of this Act. 

SEC. 1046. MITIGATION OF OPERATIONAL RISKS POSED TO CERTAIN 

MILITARY AIRCRAFT BY AUTOMATIC DEPENDENT 

SURVEILLANCE-BROADCAST EQUIPMENT. 

(a) IN GENERAL.—The Secretary of Transportation may not— 

(1) directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as ‘‘ADS-B’’) equipment on fighter aircraft, 

bomber aircraft, or other special mission aircraft owned or 

operated by the Department of Defense; 

(2) deny or reduce air traffic control services in United 

States airspace or international airspace delegated to the 

49 USC 40101 

note. 

48 USC 1806 

note. 


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United States to any aircraft described in paragraph (1) on 

the basis that such aircraft is not equipped with ADS-B equipment; or 

(3) restrict or limit airspace access for aircraft described 

in paragraph (1) on the basis such aircraft are not equipped 

with ADS-B equipment. 

(b) TERMINATION.—Subsection (a) shall cease to be effective 

on the date that the Secretary of Transportation and the Secretary 

of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum 

of agreement or other similar agreement providing that fighter 

aircraft, bomber aircraft, and other special mission aircraft owned 

or operated by the Department of Defense that are not equipped 

or not yet equipped with ADS-B equipment will be reasonably 

accommodated for safe operations in the National Airspace System 

and provided with necessary air traffic control services. 

(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to— 

(1) vest in the Secretary of Defense any authority of the 

Secretary of Transportation or the Administrator of the Federal 

Aviation Administration under title 49, United States Code, 

or any other provision of law; 

(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority 

of the Secretary of Defense under title 10, United States Code, 

or any other provision of law; or 

(3) limit the authority or discretion of the Secretary of 

Transportation or the Administrator of the Federal Aviation 

Administration to operate air traffic control services to ensure 

the safe minimum separation of aircraft in flight and the efficient use of airspace. 

(d) NOTIFICATION REQUIREMENT.—The Secretary of Defense 

shall provide to the Secretary of Transportation notification of any 

aircraft the Secretary of Defense designates as a special mission 

aircraft pursuant to subsection (e)(3). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the congressional defense committees, the Committee on 

Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. 

(2) The term ‘‘air traffic control services’’ means services 

used for the monitoring, directing, control, and guidance of 

aircraft or flows of aircraft and for the safe conduct of flight, 

including communications, navigation, and surveillance services 

and provision of aeronautical information. 

(3) The term ‘‘special mission aircraft’’ means an aircraft 

the Secretary of Defense designates for a unique mission to 

which ADS-B equipment creates a unique risk. 

SEC. 1047. LIMITATION ON AVAILABILITY OF FUNDS FOR UNMANNED 

SURFACE VEHICLES. 

(a) LIMITATION.—Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available 

for fiscal year 2019 for the Department of Defense for the Strategic 

Capabilities Office ghost fleet overlord unmanned surface vehicle 

program may be obligated or expended until the Undersecretary 


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of Defense for Research and Engineering, in coordination with 

the Secretary of the Navy, certifies to the congressional defense 

committees that— 

(1) such project accelerates development of the future 

unmanned surface vehicle program of the Navy; and 

(2) the desired procurement strategy for the ghost fleet 

overlord project is properly coordinated and not duplicative 

of the unmanned surface vehicle sea hunter program of the 

Navy. 

(b) RULE OF CONSTRUCTION.—The limitation in subsection (a) 

shall not be construed to apply to any other unmanned surface 

vehicle program of the Department of Defense other than the program element specified in such subsection. 

SEC. 1048. PILOT PROGRAM FOR DEPARTMENT OF DEFENSE CONTROLLED UNCLASSIFIED INFORMATION IN THE HANDS 

OF INDUSTRY. 

(a) IN GENERAL.—The Secretary of Defense— 

(1) shall establish and implement a pilot program for oversight of designated Department of Defense controlled unclassified information in the hands of defense contractors with foreign 

ownership, control, or influence concerns; and 

(2) may designate an entity within the Department to 

be responsible for the pilot program under paragraph (1). 

(b) PROGRAM REQUIREMENTS.—The pilot program under subsection (a) shall have the following elements: 

(1) The use of a capability to rapidly identify companies 

subject to foreign ownership, control, or influence that are 

processing designated controlled unclassified information, 

including unclassified controlled technical information. 

(2) The use, in consultation with the Chief of Information 

Officer of the Department, of a capability or means for assessing 

industry compliance with Department cybersecurity standards. 

(3) A means of demonstrating whether and under what 

conditions the risk to national security posed by access to 

Department controlled unclassified information, including 

unclassified controlled technical information, by a company 

under foreign ownership, control, or influence company can 

be mitigated and how such mitigation could be enforced. 

(c) BRIEFING REQUIRED.—By not later than 30 days after the 

completion of the pilot program under this section, but in no case 

later than December 1, 2019, the Secretary shall provide to the 

congressional defense committees a briefing on the results of the 

pilot program and any decisions about whether to implement the 

pilot program on a Department-wide basis. 

SEC. 1049. CRITICAL TECHNOLOGIES LIST. 

(a) LIST REQUIRED.—The Secretary of Defense shall establish 

and maintain a list of acquisition programs, technologies, manufacturing capabilities, and research areas that are critical for 

maintaining the national security technological advantage of the 

United States over foreign countries of special concern. The list 

shall be accompanied by a justification for inclusion of items on 

the list, including specific performance and technical figures of 

merit. 

(b) USE OF LIST.—The Secretary may use the list required 

under subsection (a) to— 

10 USC 113 note. 

10 USC 428 note. 


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(1) guide the recommendations of the Secretary in any 

interagency determinations conducted pursuant to Federal law 

relating to technology protection, including relating to export 

licensing, deemed exports, technology transfer, and foreign 

direct investment; 

(2) inform the Secretary while engaging in interagency 

processes on promotion and protection activities involving 

acquisition programs and technologies that are necessary to 

achieve and maintain the national security technology advantage of the United States and that are supportive of military 

requirements and strategies; 

(3) inform the Department’s activities to integrate acquisition, intelligence, counterintelligence and security, and law 

enforcement to inform requirements, acquisition, programmatic, 

and strategic courses of action for technology protection; 

(4) inform development of research investment strategies 

and activities and develop innovation centers and an emerging 

technology industrial base through the employment of financial 

assistance from the United States Government through appropriate statutory authorities and programs; 

(5) identify opportunities for alliances and partnerships 

in key research and development areas to achieve and maintain 

a national security technology advantage; and 

(6) carry out such other purposes as identified by the 

Secretary. 

(c) PUBLICATION.—The Secretary shall— 

(1) publish the list required under subsection (a) by not 

later than December 31, 2018; and 

(2) update such list at least annually. 

SEC. 1050. AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY. 

(a) EDUCATION CAMPAIGN.—Beginning not later than one year 

after the date of the enactment of this Act, the Secretary of Defense 

shall carry out an annual education campaign to inform individuals 

who may be eligible to enroll in the Airborne Hazards and Open 

Burn Pit Registry of such eligibility. Each such campaign shall 

include at least one electronic method and one physical mailing 

method to provide such information. 

(b) AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY

DEFINED.—In this section, the term ‘‘Airborne Hazards and Open 

Burn Pit Registry’’ means the registry established by the Secretary 

of Veterans Affairs under section 201 of the Dignified Burial and 

Other Veterans’ Benefits Improvement Act of 2012 (Public Law 

112–260; 38 U.S.C. 527 note). 

SEC. 1051. NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTELLIGENCE. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established in the executive 

branch an independent Commission to review advances in 

artificial intelligence, related machine learning developments, 

and associated technologies. 

(2) TREATMENT.—The Commission shall be considered an 

independent establishment of the Federal Government as 

defined by section 104 of title 5, United States Code, and 

a temporary organization under section 3161 of such title. 

38 USC 527 note. 


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(3) DESIGNATION.—The Commission established under 

paragraph (1) shall be known as the ‘‘National Security 

Commission on Artificial Intelligence’’. 

(4) MEMBERSHIP.— 

(A) COMPOSITION.—The Commission shall be composed 

of 15 members appointed as follows: 

(i) The Secretary of Defense shall appoint 2 members. 

(ii) The Secretary of Commerce shall appoint 1 

member. 

(iii) The Chairman of the Committee on Commerce, 

Science, and Transportation of the Senate shall appoint 

1 member. 

(iv) The Ranking Member of the Committee on 

Commerce, Science, and Transportation of the Senate 

shall appoint 1 member. 

(v) The Chairman of the Committee on Energy 

and Commerce of the House of Representatives shall 

appoint 1 member. 

(vi) The Ranking Member of the Committee on 

Energy and Commerce of the House of Representatives 

shall appoint 1 member. 

(vii) The Chairman of the Committee on Armed 

Services of the Senate shall appoint 1 member. 

(viii) The Ranking Member of the Committee on 

Armed Services of the Senate shall appoint 1 member. 

(ix) The Chairman of the Committee on Armed 

Services of the House of Representatives shall appoint 

1 member. 

(x) The Ranking Member of the Committee on 

Armed Services of the House of Representatives shall 

appoint 1 member. 

(xi) The Chairman of the Select Committee on 

Intelligence of the Senate shall appoint 1 member. 

(xii) The Vice Chairman of the Select Committee 

on Intelligence of the Senate shall appoint 1 member. 

(xiii) The Chairman of the Permanent Select Committee on Intelligence of the House of Representatives 

shall appoint 1 member. 

(xiv) The Ranking Member of the Permanent 

Select Committee Intelligence of the House of Representatives shall appoint 1 member. 

(B) DEADLINE FOR APPOINTMENT.—Members shall be 

appointed to the Commission under paragraph (1) not later 

than 90 days after the Commission establishment date. 

(C) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE.—If one or more appointments under paragraph (1) 

is not made by the appointment date specified in paragraph 

(2), the authority to make such appointment or appointments shall expire, and the number of members of the 

Commission shall be reduced by the number equal to the 

number of appointments so not made. 

(5) CHAIR AND VICE CHAIR.—The Commission shall elect 

a Chair and Vice Chair from among its members. 

(6) TERMS.—Members shall be appointed for the life of 

the Commission. A vacancy in the Commission shall not affect 


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132 STAT. 1964 PUBLIC LAW 115–232—AUG. 13, 2018 

its powers, and shall be filled in the same manner as the 

original appointment was made. 

(7) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the required supervision under subsection (a)(3) of 

such section, the members of the Commission shall be deemed 

to be Federal employees. 

(b) DUTIES.— (1) IN GENERAL.—The Commission shall carry out the 

review described in paragraph (2). In carrying out such review, 

the Commission shall consider the methods and means necessary to advance the development of artificial intelligence, 

machine learning, and associated technologies by the United 

States to comprehensively address the national security and 

defense needs of the United States. 

(2) SCOPE OF THE REVIEW.—In conducting the review paragraph (1), the Commission shall consider the following: 

(A) The competitiveness of the United States in artificial intelligence, machine learning, and other associated 

technologies, including matters related to national security, 

defense, public-private partnerships, and investments. 

(B) Means and methods for the United States to maintain a technological advantage in artificial intelligence, 

machine learning, and other associated technologies related 

to national security and defense. 

(C) Developments and trends in international cooperation and competitiveness, including foreign investments in 

artificial intelligence, related machine learning, and computer science fields that are materially related to national 

security and defense. 

(D) Means by which to foster greater emphasis and 

investments in basic and advanced research to stimulate 

private, public, academic and combined initiatives in artificial intelligence, machine learning, and other associated 

technologies, to the extent that such efforts have application materially related to national security and defense. 

(E) Workforce and education incentives to attract and 

recruit leading talent in artificial intelligence and machine 

learning disciplines, including science, technology, 

engineering, and math programs. 

(F) Risks associated with United States and foreign 

country advances in military employment of artificial intelligence and machine learning, including international law 

of armed conflict, international humanitarian law, and 

escalation dynamics. 

(G) Associated ethical considerations related to artificial intelligence and machine learning as it will be used 

for future applications related to national security and 

defense. 

(H) Means to establish data standards, and incentivize 

the sharing of open training data within related national 

security and defense data-driven industries. 

(I) Consideration of the evolution of artificial intelligence and appropriate mechanism for managing such 

technology related to national security and defense. 

(J) Any other matters the Commission deems relevant 

to the common defense of the Nation. 


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(c) REPORTS.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Commission shall submit 

to the President and Congress an initial report on the findings 

of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress 

related to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively organize the Federal Government. 

(2) ANNUAL COMPREHENSIVE REPORTS.—Not later than one 

year after the date of this enactment of this Act, and every 

year thereafter annually, until the date specified in subsection 

(e), the Commission shall submit a comprehensive report on 

the review required under subsection (b). 

(3) FORM OF REPORTS.—Reports submitted under this subsection shall be made publically available, but may include 

a classified annex. 

(d) FUNDING.—Of the amounts authorized to be appropriated 

by this Act for fiscal year 2019 for the Department of Defense, 

not more than $10,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available 

to the Commission under the preceding sentence shall remain available until expended. 

(e) TERMINATION.—The Commission shall terminate on October 

1, 2020. 

(f) DEFINITION OF ARTIFICIAL INTELLIGENCE.—In this section, 

the term ‘‘artificial intelligence’’ includes each of the following: 

(1) Any artificial system that performs tasks under varying 

and unpredictable circumstances without significant human 

oversight, or that can learn from experience and improve 

performance when exposed to data sets. 

(2) An artificial system developed in computer software, 

physical hardware, or other context that solves tasks requiring 

human-like perception, cognition, planning, learning, communication, or physical action. 

(3) An artificial system designed to think or act like a 

human, including cognitive architectures and neural networks. 

(4) A set of techniques, including machine learning that 

is designed to approximate a cognitive task. 

(5) An artificial system designed to act rationally, including 

an intelligent software agent or embodied robot that achieves 

goals using perception, planning, reasoning, learning, communicating, decision-making, and acting. 

SEC. 1052. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN 

CLEANUP. 

(a) TRANSFER AUTHORITY.—Notwithstanding section 2215 of 

title 10, United States Code, the Secretary of Defense may transfer 

to the Secretary of State, for use by the United States Agency 

for International Development, amounts to be used for the Bien 

Hoa dioxin cleanup in Vietnam. 

(b) LIMITATION ON AMOUNTS.—Not more than $15,000,000 may 

be transferred in fiscal year 2019 under the authority in subsection 

(a). 

(c) SOURCE OF FUNDS.—The Secretary of Defense may transfer 

funds appropriated to the Department of Defense for ‘‘Operation 


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and Maintenance, Defense-wide’’ under the authority in subsection 

(a). 

(d) ADDITIONAL TRANSFER AUTHORITY.—The transfer authority 

provided under subsection (a) is in addition to any other transfer 

authority available to the Department of Defense. 

SEC. 1053. GUIDANCE ON THE ELECTRONIC WARFARE MISSION AREA 

AND JOINT ELECTROMAGNETIC SPECTRUM OPERATIONS. 

(a) PROCESSES AND PROCEDURES FOR INTEGRATION.—The Secretary of Defense shall— 

(1) establish processes and procedures to develop, integrate, 

and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains 

across the Department of Defense; and 

(2) ensure that such processes and procedures provide for 

integrated defense-wide strategy, planning, and budgeting with 

respect to the conduct of such operations by the Department, 

including activities conducted to counter and deter such operations by malign actors. 

(b) DESIGNATED SENIOR OFFICIAL.— 

(1) IN GENERAL.—The Secretary shall designate a senior 

official of the Department of Defense (hereinafter referred to 

as the ‘‘designated senior official’’), who shall implement and 

oversee the processes and procedures established under subsection (a). The designated senior official shall be designated 

by the Secretary from among individuals serving in the Department as civilian employees or members of the Armed Forces 

who are, equivalent in grade or rank, at or below the level 

of Under Secretary of Defense. The designated senior official 

shall oversee the cross-functional team established pursuant 

to subsection (c) and serve as an ex-officio member of the 

Electronic Warfare Executive Committee established in March 

2015. 

(2) RESPONSIBILITIES.—The designated senior official shall 

have, with respect to the implementation and oversight of the 

processes and procedures established under subsection (a), the 

following responsibilities: 

(A) Overseeing the implementation of the strategy 

developed by the Electronic Warfare Executive Committee 

for the conduct and execution of the electronic warfare 

mission area and joint electromagnetic spectrum operations 

by the Department, coordinated across all relevant elements of the Department, including both near-term and 

long-term guidance for the conduct of such operations. 

(B) Providing recommendations to the Electronic Warfare Executive Committee on resource allocation to support 

the capability development and investment in the electronic 

warfare and joint electromagnetic spectrum operation mission areas. 

(C) Proposing electronic warfare governance, management, organizational, and operational reforms to Secretary 

of Defense, after review and comment by the Electronic 

Warfare Executive Committee. 

(3) ANNUAL CERTIFICATION ON BUDGETING FOR CERTAIN

CAPABILITIES.—Each budget for fiscal years 2020 through 2024 

submitted by the President to Congress pursuant to section 

1105(a) of title 31, United States Code, shall include the same 

10 USC 113 note. 


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information that was required to be submitted annually under 

section 1053(b) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2459) for each 

of fiscal years 2011 through 2015 and an assessment by the 

senior designated official as to whether sufficient funds are 

requested in such budget for anticipated activities in such 

fiscal year for each of the following: 

(A) The development of an electromagnetic battle 

management capability for joint electromagnetic spectrum 

operations. 

(B) The establishment and operation of associated joint 

electromagnetic spectrum operations cells. 

(c) CROSS-FUNCTIONAL TEAM FOR ELECTRONIC WARFARE.— 

(1) ESTABLISHMENT REQUIRED.—The Secretary shall, in 

accordance with section 911(c) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114-328; 

130 Stat. 2345; 10 U.S.C. 111 note), establish a cross-functional 

team for electronic warfare in order to identify gaps in electronic 

warfare and joint electromagnetic spectrum operations, 

capabilities, and capacities within the Department across personnel, procedural, and equipment areas. 

(2) SPECIFIC DUTIES.—The cross-functional team established pursuant to paragraph (1) shall provide recommendations to the senior designated official to address gaps identified 

as described in that paragraph. 

(d) PLANS AND REQUIREMENTS FOR ELECTRONIC WARFARE.— 

(1) IN GENERAL.—The Secretary shall require the designated senior official to task the cross-functional team established pursuant to subsection (c) to develop requirements and 

specific plans for addressing personnel, capability, and capacity 

gaps in the electronic warfare mission area, and plans for 

future warfare in that domain (including maintaining a 

roadmap for the current future-years defense program under 

section 221 of title 10, United States Code). 

(2) UPDATE OF STRATEGY.—Not later than 180 days after 

the date of the enactment of this Act, and biennially thereafter, 

the Electronic Warfare Executive Committee, in coordination 

with the cross-functional team shall— 

(A) update the strategy of the Department of Defense 

entitled ‘‘The DOD Electronic Warfare Strategy’’ and dated 

June 2017, to include the roadmap developed by the crossfunctional team pursuant to in paragraph (1); and 

(B) submit the updated strategy to the congressional 

defense committees. 

(3) ELEMENTS.—The requirements and plans and associated 

roadmap developed by the cross-functional team pursuant to 

paragraph (1) shall include the following: 

(A) An accounting of the efforts undertaken in support 

of the strategy referred to in paragraph (2)(A) and to implement applicable elements of Department of Defense Directive 3222.04, dated May 10, 2017, or any subsequent 

updates to such directive. 

(B) A description of any updates or changes to the 

strategy since its issuance, and a description of any anticipated updates or changes to the strategy as a result of 

the designation of the designated senior official. 


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(C) An assessment of vulnerabilities identified in the 

May 2015 Electronic Warfare assessment by the Defense 

Science Board. 

(D) An assessment of the capability of joint forces 

to conduct joint electromagnetic spectrum operations 

against near-peer adversaries and any capability or 

capacity gaps in such capability that need to be addressed, 

including an assessment of the ability of joint forces to 

conduct coordinated military operations to exploit, attack, 

protect, and manage the electromagnetic environment in 

the signals intelligence, electronic warfare, and spectrum 

management mission areas, including the capability to conduct integrated cyber and electronic warfare on the battlefield, for all level 3 and level 4 contingency plans (as 

such plans are described in Joint Publication 5-0 of the 

Joint Chiefs of Staff, entitled ‘‘Joint Planning’’ and dated 

June 16, 2017). 

(E) A review of the roles and functions of offices within 

the Joint Staff, the Office of the Secretary of Defense, 

and the combatant commands with primary responsibility 

for joint electromagnetic spectrum policy and operations. 

(F) A description of any assumptions about the roles 

and contributions of the Department, in coordination with 

other departments and agencies of the United States 

Government, with respect to the strategy. 

(G) A description of actions, performance metrics, and 

projected timelines for achieving key capabilities for electronic warfare and joint electromagnetic spectrum operations to correspond to the thematic goals identified in 

the strategy and as addressed by the roadmap. 

(H) An analysis of any personnel, resourcing, capability, authority, or other gaps to be addressed in order 

to ensure effective implementation of the strategy across 

all relevant elements of the Department, including an 

update on each of the following: 

(i) The development of an electromagnetic battle 

management capability for joint electromagnetic spectrum operations. 

(ii) The establishment and operation of joint 

electromagnetic spectrum operations cells at combatant 

command locations. 

(iii) The integration and synchronization of cyber 

and electromagnetic activities. 

(I) An investment framework and projected timeline 

for addressing any gaps described by subparagraph (H). 

(J) In consultation with the Director of the Defense 

Intelligence Agency— 

(i) comprehensive assessments of the electronic 

warfare capabilities of the Russian Federation and the 

People’s Republic of China, which shall include— 

(I) electronic warfare doctrine; 

(II) order of battle on land, sea, air, space, 

and cyberspace; and 

(III) expected direction of technology and 

research over the next 10 years; and 

(ii) a review of vulnerabilities with respect to electronic systems, such as the Global Positioning System, 


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and Department-wide abilities to conduct countermeasures in response to electronic warfare attacks. 

(K) A review of the sufficiency of experimentation, 

testing, and training infrastructure, ranges, instrumentation, and threat simulators required to support the development of electromagnetic spectrum capabilities. 

(L) A plan, and the estimated cost and schedule of 

implementing the plan, to conduct joint campaign modeling 

and wargaming for joint electromagnetic spectrum operations. 

(M) Any other matters as the Secretary considers 

appropriate. 

(4) PERIODIC STATUS REPORTS.—Not later than 90 days 

after the requirements and plans required by paragraph (1) 

are submitted in accordance with paragraph (2), and every 

180 days thereafter during the three-year period beginning 

on the date such plans and requirements are first submitted 

in accordance with paragraph (2), the designated senior official 

shall submit to the congressional defense committees a report 

describing the status of the efforts of the Department in accomplishing the tasks specified in subparagraphs (A) through (I) 

and (K) through (M) of paragraph (3). 

(5) COMPREHENSIVE ASSESSMENTS AND REVIEW.—Not later 

than 270 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the congressional 

defense committees the comprehensive assessments and review 

required under paragraph (3)(J). 

(e) TRAINING AND EDUCATION.—Consistent with the elements 

under subsection (d)(3) of the plans and requirements required 

by subsection (d)(1), the cross-functional team established pursuant 

to subsection (c) shall provide the senior designated official recommendations for programs to provide training and education to 

such members of the Armed Forces and civilian employees of the 

Department as the Secretary considers appropriate in order to 

ensure that such members and employees understand the roles 

and vulnerabilities associated with electronic warfare and dependence on the electromagnetic spectrum. 

Subtitle E—Studies and Reports 

SEC. 1061. ANNUAL REPORTS BY THE ARMED FORCES ON OUT-YEAR 

UNCONSTRAINED TOTAL MUNITIONS REQUIREMENTS 

AND OUT-YEAR INVENTORY NUMBERS. 

(a) REPORTS REQUIRED.—Chapter 9 of title 10, United States 

Code, is amended by inserting after section 222b, as added by 

section 1677, the following new section: 

‘‘§ 222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers 

‘‘(a) ANNUAL REPORTS.—At the same time each year that the 

budget for the fiscal year beginning in such year is submitted 

to Congress pursuant to section 1105(a) of title 31, the chief of 

staff of each armed force (other than the Coast Guard) shall submit 

to the congressional defense committees a report setting forth for 

such armed force each of the following for such fiscal year, broken 

out as specified in subsection (b): 

10 USC 222c. 


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‘‘(1) The Out-Year Unconstrained Total Munitions Requirement. 

‘‘(2) The Out-Year inventory numbers. 

‘‘(b) PRESENTATION.—The Out-Year Unconstrained Total Munitions Requirement and Out-Year inventory numbers for an armed 

force for a fiscal year pursuant to subsection (a) shall include 

specific inventory objective requirements for each variant of munitions with respect to each of the following: 

‘‘(1) Combat Requirement, broken out by operation plan 

(OPLAN). 

‘‘(2) Current Operation/Forward Presence Requirement. 

‘‘(3) Strategic Readiness Requirement. 

‘‘(4) Homeland Defense. 

‘‘(5) Training and Testing Requirement. 

‘‘(6) Total Out-Year Unconstrained Total Munitions 

Requirement, calculated in accordance with the implementation 

guidance described in subsection (c). 

‘‘(7) Out-year worldwide inventory. 

‘‘(c) IMPLEMENTATION GUIDANCE USED.—In submitting information pursuant to subsection (a) for a fiscal year, the chief of staff 

of each armed force shall describe and explain the munitions 

requirements process implementation guidance developed by the 

Under Secretary of Defense for Acquisition and Sustainment and 

used by such armed force for the munitions requirements process 

for such armed force for that fiscal year. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘chief of staff’, with respect to the Marine 

Corps, means the Commandant of the Marine Corps. 

‘‘(2) The term ‘Out-Year Unconstrained Total Munitions 

Requirement’ has the meaning given that term in and for 

purposes of Department of Defense Instruction 3000.04, or any 

successor instruction.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by inserting after the 

item relating to section 222b, as added by section 1677, the following 

new item: 

‘‘222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; OutYear inventory numbers.’’. 

SEC. 1062. IMPROVEMENT OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH UNITED STATES MILITARY 

OPERATIONS. 

(a) MODIFICATION AND EXPANSION OF ELEMENTS.—Subsection 

(b) of section 1057 of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91) is amended— 

(1) in paragraph (1), by inserting ‘‘, including each specific 

mission, strike, engagement, raid, or incident,’’ after ‘‘military 

operations’’; 

(2) in paragraph (2)(E), by inserting before the period at 

the end the following: ‘‘, including a differentiation between 

those killed and those injured’’; 

(3) in paragraph (3), by inserting before the period at 

the end the following: ‘‘, and, when appropriate, makes ex 

gratia payments to the victims or their families’’; 

(4) by redesignating paragraph (5) as paragraph (6); and 

(5) by inserting after paragraph (4) the following new paragraph (5): 

10 USC 221 prec. 


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‘‘(5) Any update or modification to any report under this 

section during a previous year.’’. 

(b) SCOPE OF UNCLASSIFIED FORM OF REPORT.—Subsection (d) 

of such section is amended by adding at the end the following 

new sentence: ‘‘The unclassified form of each report shall, at a 

minimum, be responsive to each element under subsection (b) of 

a report under subsection (a), and shall be made available to the 

public at the same time it is submitted to Congress (unless the 

Secretary certifies in writing that the publication of such information poses a threat to the national security interests of the United 

States).’’. 

SEC. 1063. REPORT ON CAPABILITIES AND CAPACITIES OF ARMORED 

BRIGADE COMBAT TEAMS. 

(a) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of the Army shall submit 

to the congressional defense committees a report on the capabilities 

and capacities of Armored Brigade Combat Teams. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description of the total number of Armored Brigade 

Combat Teams required to support the National Defense 

Strategy. 

(2) A description of the manner in which the Army plans 

to equip and field future Armored Brigade Combat Teams. 

(3) A description of the total number of mechanized infantry 

companies required in support of the Armored Brigade Combat 

Teams. 

(4) A description of steps being taken to improve the 

number and quality of live-fire gunnery exercises executed each 

year, including improving execution of battalion and brigadelevel combined arms live-fire exercises both at home station 

and at the Combat Training Centers. 

(5) A description of training being conducted to train 

Armored Brigade Combat Teams in combined arms for air 

defense and to counter unmanned aerial vehicles with organic 

weapons and tactics. 

(6) A plan to improve personnel preparedness by the reduction of non-deployable soldiers and improvements in combat 

vehicle crew stability and material readiness of key combat 

systems. 

(7) A description of deficiencies in repair parts and number 

of qualified mechanics, and a plan to correct such deficiencies. 

(8) A plan for the modernization of the Armored Brigade 

Combat Teams. 

SEC. 1064. ACTIVITIES AND REPORTING RELATING TO DEPARTMENT 

OF DEFENSE’S CLOUD INITIATIVE. 

(a) ACTIVITIES REQUIRED.—Commencing not later than 90 days 

after the date of the enactment of this Act, the Chief Information 

Officer of the Department of Defense, acting through the Cloud 

Executive Steering Group established by the Deputy Secretary of 

Defense in a directive memorandum dated September 13, 2017, 

in order to support its Joint Enterprise Defense Infrastructure 

initiative to procure commercial cloud services, shall conduct certain 

key enabling activities as follows: 

(1) Develop an approach to rapidly acquire advanced 

commercial network capabilities, including software-defined 

10 USC 2223a 

note. 


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networking, on-demand bandwidth, and aggregated cloud access 

gateways, through commercial service providers in order— 

(A) to support the migration of applications and systems to commercial cloud platforms; 

(B) to increase visibility of end-to-end performance to 

enable and enforce service level agreements for cloud services; 

(C) to ensure efficient and common cloud access; 

(D) to facilitate shifting data and applications from 

one cloud platform to another; 

(E) to improve cybersecurity; and 

(F) to consolidate networks and achieve efficiencies 

and improved performance; 

(2) Conduct an analysis of existing workloads that would 

be migrated to the Joint Enterprise Defense Infrastructure, 

including— 

(A) identifying all of the cloud initiatives across the 

Department of Defense, and determining the objectives 

of such initiatives in connection with the intended scope 

of the Infrastructure; 

(B) identifying all the systems and applications that 

the Department would intend to migrate to the Infrastructure; 

(C) conducting rationalization of applications to identify applications and systems that may duplicate the processing of workloads in connection with the Infrastructure; 

and 

(D) as result of such actions, arriving at dispositions 

about migration or termination of systems and applications 

in connection with the Infrastructure. 

(b) REPORT REQUIRED.—The Chief Information Officer shall 

submit to the congressional defense committees a report on the 

Department of Defense’s Cloud Initiative to manage networks, data 

centers, and clouds at the enterprise level. Such report shall include 

each of the following: 

(1) A description the status of completion of the activities 

required under subsection (a). 

(2) Information relating to the current composition of the 

Cloud Executive Steering Group and the stakeholders relating 

to the Department of Defense’s Cloud Initiative and associated 

mission, objectives, goals, and strategy. 

(3) A description of the characteristics and considerations 

for accelerating the cloud architecture and services required 

for a global, resilient, and secure information environment. 

(4) Information relating to acquisition strategies and 

timeline for efforts associated with the Department of Defense’s 

Cloud Initiative, including the Joint Enterprise Defense Infrastructure. 

(5) A description of how the acquisition strategies referred 

to in paragraph (4) provides for a full and open competition, 

enable the Department of Defense to continuously leverage 

and acquire new cloud computing capabilities, maintain the 

ability of the Department to leverage other cloud computing 

vendor products and services, incorporate elements to maintain 

security, and provide for the best performance, cost, and 

schedule to meet the cloud architecture and services requirements of the Department for the duration of such contract. 


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(6) A detailed description of existing workloads that will 

be migrated to enterprise-wide cloud infrastructure or platforms 

as a result of the Department of Defense’s Cloud Initiative, 

including estimated migration costs and timelines, based on 

the analysis required under subsection (a)(2). 

(7) A description of the program management and program 

office of the Department of Defense’s Cloud Initiative, including 

the number of personnel, overhead costs, and organizational 

structure. 

(8) A description of the effect of the Joint Enterprise 

Defense Infrastructure on and the relationship of such Infrastructure to existing cloud computing infrastructure, platform, 

and service contracts across the Department of Defense, specifically the effect and relationship to the private cloud infrastructure of the Department, MilCloud 2.0 run by the Defense 

Information Systems Agency based on the analysis required 

under subsection (a)(2). 

(9) Information relating to the most recent Department 

of Defense Cloud Computing Strategy and description of any 

initiatives to update such Strategy. 

(10) Information relating to Department of Defense guidance pertaining to cloud computing capability or platform 

acquisition and standards, and a description of any initiatives 

to update such guidance. 

(11) Any other matters the Secretary of Defense determines 

relevant. 

(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized 

to be appropriated or otherwise made available by this Act for 

fiscal year 2019 for the Department of Defense’s Cloud Initiative, 

not more than 85 percent may be obligated or expended until 

the Secretary of Defense submits to the congressional defense 

committees the report required by subsection (b). 

(d) LIMITATION ON NEW SYSTEMS AND APPLICATIONS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Deputy Secretary shall require that no new system or application will be approved for development or modernization without 

an assessment that such system or application is already, or 

can and would be, cloud-hosted. 

(2) WAIVER.—The Deputy Secretary may issue a national 

waiver to the requirement under paragraph (1) if the Deputy 

Secretary determines, pursuant to the assessment described 

in such paragraph, that the requirement would adversely affect 

the national security of the United States. If the Deputy Secretary issues a waiver under this paragraph, the Deputy Secretary shall provide to the congressional defense committees 

a written notification of such waiver, justification for the 

waiver, and identification of the system or application to which 

the waiver applies by not later than 15 days after the date 

on which the waiver is issued. 

(e) TRANSPARENCY AND COMPETITION.—The Deputy Secretary 

shall ensure that the acquisition approach of the Department continues to follow the Federal Acquisition Regulation with respect 

to competition. 


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SEC. 1065. LIMITATION ON USE OF FUNDS FOR UNITED STATES SPECIAL OPERATIONS COMMAND GLOBAL MESSAGING AND 

COUNTER-MESSAGING PLATFORM. 

(a) LIMITATION; REPORT.—None of the funds authorized to be 

appropriated by this Act may be used for United States Special 

Operations Command’s Global Messaging and Counter-Messaging 

platform until the Secretary of Defense submits to the congressional 

defense committees a report containing the following elements: 

(1) The justification of the Secretary for the proposed designation of the United States Special Operations Command 

as the entity responsible for establishing the centralized Global 

Messaging and Counter-Messaging capability. 

(2) A description of the proposed roles and responsibilities 

of the United States Special Operations Command as such 

entity. 

(3) An implementation plan for the establishment of the 

platform, including a timeline for achieving initial and full 

operational capability. 

(4) A description of the impacts to existing counter-messaging platforms, capabilities, and contracts. 

(5) A description of the budget requirements for the platform to reach full operational capability, including an identification and cost of any infrastructure and equipment requirements. 

(6) A summary of costs to operate and sustain the platform 

across the future-years defense program under section 221 of 

title 10, United States Code. 

(7) A comprehensive plan for the continual assessment 

of the effectiveness of the Global Messaging and Counter-Messaging activities and programs. 

(8) An explanation of the Secretary’s guidance to the 

combatant commands to ensure unity of effort and prevent 

the proliferation of messaging and counter-messaging platforms. 

(9) A detailed description of the processes for deconfliction 

and, where possible, integration of platform planning and activities with those of relevant departments and agencies of the 

United States Government, including the Global Engagement 

Center of the Department of State. 

(10) An identification of any additional authorities that 

may be required for achieving full operational capability of 

the platform. 

(11) A description of other actions, activities, and efforts 

taken to implement section 1637 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91). 

(12) Any other matters the Secretary determines are relevant. 

(b) ADDITIONAL REPORT REQUIRED.—Not later than 9 months 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report containing a review and assessment of the doctrine, organization, 

training, materiel, leadership and education, personnel, and facilities applicable to military information support personnel, 

including— 

(1) an assessment of current doctrine, organization, 

training, materiel, leadership and education, personnel, and 

facilities; and 


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(2) recommended changes for enhancing the ability of military information support personnel to operate effectively in 

the current and future information environment. 

SEC. 1066. COMPREHENSIVE REVIEW OF PROFESSIONALISM AND 

ETHICS PROGRAMS FOR SPECIAL OPERATIONS FORCES. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 

a comprehensive review of the ethics programs and professionalism 

programs of the United States Special Operations Command and 

of the military departments for officers and other military personnel 

serving in special operations forces. 

(b) ELEMENTS OF THE REVIEW.—The review conducted under 

subsection (a) shall specifically include a description and assessment 

of each of the following: 

(1) The professionalism and ethics standards of the United 

States Special Operations Command and affiliated component 

commands. 

(2) The ethics programs and professionalism programs of 

the military departments available for special operations forces. 

(3) The ethics programs and professionalism programs of 

the United States Special Operations Command and affiliated 

component commands. 

(4) The roles and responsibilities of the military departments and the United States Special Operations Command 

and affiliated component commands in administering, overseeing, managing, and ensuring compliance and participation 

of special operations forces in ethics programs and professionalism programs, including an identification of— 

(A) any gaps in the administration, oversight, and 

management of such programs and in ensuring the compliance and participation in such programs; and 

(B) any additional guidance that may be required for 

a systematic, integrated approach in administering, overseeing, and managing such programs and in ensuring 

compliance with and participation in such programs in 

order to address issues and improve adherence to professionalism and ethics standards. 

(5) The adequacy of the existing management and oversight 

framework for ensuring that all ethics programs and professionalism programs available to special operations forces meet 

Department standards. 

(6) Tools and metrics for identifying and assessing individual and organizational ethics and professionalism issues 

with respect to special operations forces. 

(7) Tools and metrics for assessing the effectiveness of 

existing ethics programs and professionalism programs in 

improving or addressing individual and organizational ethicsrelated and professionalism issues with respect to special operations forces. 

(8) Any additional actions that may be required to address 

or improve individual and organizational ethics and professionalism issues with respect to special operations forces. 

(9) Any additional actions that may be required to improve 

the oversight and accountability by senior leaders of ethics 

and professionalism-related issues with respect to special operations forces. 


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(c) LIMITATION ON DELEGATION.—The Secretary of Defense may 

only delegate responsibility for any element of the review required 

by subsection (a) to the Assistant Secretary of Defense for Special 

Operations and Low Intensity Conflict, in coordination with other 

appropriate offices of the Secretary of Defense and the secretaries 

of the military departments. 

(d) DEADLINE FOR SUBMITTAL OF REVIEW.—The Secretary of 

Defense shall submit the review required by subsection (a) to the 

Committees on Armed Services of the Senate and the House of 

Representatives by not later than March 1, 2019. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘ethics program’’ means a program that 

includes— 

(A) compliance-based ethics training, education, initiative, or other activity that focuses on adherence to rules 

and regulations; and 

(B) values-based ethics training, education, initiative, 

or other activity that focuses on upholding a set of ethical 

principles in order to achieve high standards of conduct 

and incorporate guiding principles to help foster an ethical 

culture and inform decision-making where rules are not 

clear. 

(2) The term ‘‘professionalism program’’ means a program 

that includes training, education, initiative, or other activity 

that focuses on values, ethics, standards, code of conduct, and 

skills as related to the military profession. 

SEC. 1067. MUNITIONS ASSESSMENTS AND FUTURE-YEARS DEFENSE 

PROGRAM REQUIREMENTS. 

(a) REQUIRED REPORTS.—Not later than March 1, 2019, and 

annually thereafter, the Under Secretary of Defense for Acquisition 

and Sustainment, in consultation with the Chairman of the Joint 

Chiefs of Staff shall submit to the congressional defense committees 

each of the following: 

(1) The most current munitions assessments, as defined 

by Department of Defense Instruction Number 3000.04, relating 

to the Department of Defense munitions requirements process. 

(2) The most current sufficiency assessments, as defined 

by such Department of Defense Instruction. 

(3) The most current approved memorandum of the Joint 

Requirements Oversight Council resulting from the munitions 

requirements process. 

(4) The planned funding and munitions requirements 

required for the first fiscal year beginning after the date of 

the submittal of the report and across the future-years defense 

program for munitions across all military departments and 

the Missile Defense Agency. 

(5) The planned foreign military sales and foreign military 

financing orders for United States munitions across the futureyears defense program. 

(b) SUNSET.—The requirement to submit reports and assessments under this section shall terminate on December 31, 2021. 

(c) SUPPLY CHAIN ASSESSMENTS.—Beginning in fiscal year 2020, 

the Under Secretary shall evaluate supply chain risks, including 

qualified supplier shortages and single source supplier 

vulnerabilities for munitions production. The Under Secretary shall 

include in the reports required under subsection (a) for fiscal year 


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2020 and any subsequent fiscal year for which such reports are 

required to be submitted, a list of munitions that are at risk 

of production impacts from the loss of qualified suppliers. 

SEC. 1068. REPORT ON ESTABLISHMENT OF ARMY FUTURES COMMAND. 

(a) REPORT REQUIRED.—Not later than February 1, 2019, the 

Secretary of the Army shall submit to the congressional defense 

committees a report on the Army’s plan for the establishment 

of Army Futures Command. 

(b) CONTENTS OF REPORT.—The report required by subsection 

(a) shall include each of the following: 

(1) A description of the mission of Army Futures Command. 

(2) A description of the authorities and responsibilities 

of the Commander of Army Futures Command. 

(3) A description of the relationship between such authorities and the authorities of the Army Acquisition Authority 

and a description of any changes to be made to the authorities 

and missions of other Army major commands. 

(4) A detailed description of the structure for Army Futures 

Command, including grade requirements. 

(5) A detailed description of any resources or elements 

to be realigned from the Army Training and Doctrine Command, Army Materiel Command, Army Force Command, or 

Army Test and Evaluation Command to Army Futures Command. 

(6) An assessment of the number and location of members 

of the Armed Forces and Department of Defense civilian personnel expected to be assigned to Army Futures Command. 

(7) A cost estimate for the establishment of Army Futures 

Command in fiscal year 2019 and projected costs for each 

of fiscal years 2020 through 2023. 

(8) A description of the headquarters stationing selection 

criteria and methodology. 

(9) Any other information relating to the command, as 

determined by the Secretary. 

SEC. 1069. REPORT ON CYBER-ENABLED INFORMATION OPERATIONS. 

Not later than 180 days after the date of the enactment of 

this Act, the President shall transmit to the Committees on Armed 

Services and Foreign Affairs of the House of Representative and 

the Committees on Armed Services and Foreign Relations of the 

Senate a report on the effects of cyber-enabled information operations on the national security of the United States. Such report 

shall include each of the following: 

(1) A summary of actions taken by the Federal Government 

to protect the national security of the United States against 

cyber-enabled information operations. 

(2) A description of the resources necessary to protect the 

national security of the United States against cyber-enabled 

information operations by foreign adversaries. 

SEC. 1070. REPORT ON UNMANNED AIRCRAFT IN ARLINGTON 

NATIONAL CEMETERY. 

(a) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense and the Administrator of the Federal Aviation Administration shall jointly submit 


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to the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs 

of the House of Representatives and the Committee on Armed 

Services, the Committee on Commerce, Science, and Transportation, 

and the Committee on Veterans’ Affairs of the Senate a report 

on whether legislative action is required to prevent low flying 

unmanned aircraft from disrupting funerals at Arlington National 

Cemetery. 

(b) UNMANNED AIRCRAFT DEFINED.—In this section, the term 

‘‘unmanned aircraft’’ has the meaning given such term in section 

331(8) of the FAA Modernization and Reform Act of 2012 (Public 

Law 112–95; 49 U.S.C. 40101 note). 

SEC. 1071. REPORT ON AN UPDATED ARCTIC STRATEGY. 

(a) REPORT ON AN UPDATED STRATEGY.—Not later than June 

1, 2019, the Secretary of Defense shall submit to the congressional 

defense committees a report on an updated Arctic strategy to 

improve and enhance joint operations. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of United States national security 

interests in the Arctic region. 

(2) An assessment of the threats and security challenges 

posed by adversaries operating in the Arctic region, including 

descriptions of such adversaries’ intents and investments in 

Arctic capabilities. 

(3) A description of the roles and missions of each military 

service in the Arctic region in the context of joint operations 

to support the Arctic strategy, including— 

(A) a description of a joint Arctic strategy for sea 

operations, including all military and Coast Guard vessels 

available for Arctic operations; 

(B) a description of a joint Arctic strategy for air operations, including all rotor and fixed wing military aircraft 

platforms available for Arctic operations; and 

(C) a description of a joint Arctic strategy for ground 

operations, including all military ground forces available 

for Arctic operations. 

(4) A description of near-term and long-term training, capability, and resource gaps that must be addressed to fully execute 

each mission described in the Arctic strategy against an 

increasing threat environment. 

(5) A description of the level of cooperation between the 

Department of Defense, any other departments and agencies 

of the United States Government, State and local governments, 

and tribal entities related to the defense of the Arctic region. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1072. REPORT ON USE AND AVAILABILITY OF MILITARY INSTALLATIONS FOR DISASTER RESPONSE. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report that identifies— 

(1) each military installation that has been made available 

to the Department of Homeland Security for disaster response 

for the past 10 fiscal years; and 


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(2) military installations assessed to be available in support 

of fast response to disasters. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) For each military installation identified under subsection (a)(1)— 

(A) the name of the installation; 

(B) the location of the installation, including the State 

and Congressional District; 

(C) a description of the infrastructure and equipment 

made available at the installation; and 

(D) a description of personnel made available for disaster response. 

(2) For each military installation identified under subsection (a)(2)— 

(A) the name of the installation; 

(B) the location of the installation, including the State 

and Congressional District; 

(C) a description of the infrastructure and equipment 

to be available at the installation; and 

(D) a description of personnel to be available for disaster response. 

SEC. 1073. REPORT ON DEPARTMENT OF DEFENSE PARTICIPATION 

IN EXPORT ADMINISTRATION REGULATIONS LICENSE 

APPLICATION REVIEW PROCESS. 

(a) IN GENERAL.—Not later than 180 days after the enactment 

of this Act, and every 180 days thereafter until the date that 

is three years after such date of enactment, the Under Secretary 

of Defense for Policy shall submit to the appropriate congressional 

committees a report on the participation by the Department of 

Defense in the process for reviewing applications for export licenses 

under the Export Administration Regulations as a reviewing agency 

under Executive Order 12981 (50 U.S.C. 4603 note; relating to 

administration of export controls). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) The number of applications for export licenses under 

the Export Administration Regulations reviewed by the Department of Defense in the 180-day period preceding the submission 

of the report. 

(2) The number of instances during that 180-day period 

in which the Department disagreed with a final determination 

made with respect to such an application under the review 

procedures set forth in Executive Order 12981. 

(3) A summary of such instances, including— 

(A) a summary of the applicants for such licenses and 

the recipients of items pursuant to such licenses in such 

instances; 

(B) a description of sensitive technologies involved in 

such instances; and 

(C) a description of the rationale of the Department 

for disagreeing with such determinations. 

(4) The number of such applications under review by the 

Department or undergoing interagency dispute resolution as 

of the date of the submission of the report. 


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(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Foreign Affairs of the House 

of Representatives; and 

(C) the Committee on Foreign Relations of the Senate. 

(2) The term ‘‘Export Administration Regulations’’ means 

subchapter C of chapter VII of title 15, Code of Federal Regulations. 

SEC. 1074. MILITARY AVIATION READINESS REVIEW IN SUPPORT OF 

THE NATIONAL DEFENSE STRATEGY. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on military aviation readiness in support 

of the National Defense Strategy (NDS). 

(b) REVIEW FOR REPORT PURPOSES.— 

(1) IN GENERAL.—The report under subsection (a) shall 

be based on a review conducted for purposes of the report 

in accordance with this section. 

(2) PANEL.—The review shall be conducted by a panel 

consisting of the following: 

(A) The Commander of the Air Combat Command, 

who shall head the panel. 

(B) The Commander of the Army Aviation Branch. 

(C) The Commander, Naval Air Forces. 

(D) The Deputy Commandant of the Marine Corps 

for Aviation. 

(E) Such other personnel of the Department of Defense 

as the Secretary considers appropriate. 

(c) REVIEW ELEMENTS.—The review required by subsection (b) 

shall address the following: 

(1) An analysis of the career progression of military pilots 

and non-pilot aviators, including a comparison between military 

pilot and non-pilot aviators, on the one hand, and other military 

specialities, on the other hand, with respect to each of the 

following: 

(A) Tours of duty. 

(B) Assignment lengths. 

(C) Minimum service commitments. 

(D) Professional performance evaluation systems. 

(E) Statutory and administrative promotion processes. 

(2) An analysis of aircrew aviation training for various 

aircraft platforms, including— 

(A) an historical analysis, covering the past 15 years, 

of first and second assignment total flight hours and modelspecific flight hours for military pilots and non-pilot aviators; and 

(B) an analysis of the flight hour program in order 

to determine the appropriate level of required monthly 

flight hours and sorties to maintain currency (minimum 

safe level) and proficiency (minimum level to be tactically 

competent). 


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(3) An analysis of the effect of recent operational deployments on the ability of military pilots and non-pilot aviators 

to build and maintain readiness for potential threats from 

a near-peer adversary, including— 

(A) a comparison of rates of simulator usage for military pilots and non-pilot aviators within and not within 

the pre-deployment training window; and 

(B) an assessment of the suitability of training curriculum to address high-end combat operations against a 

near-peer adversary. 

(4) An analysis of aviation squadron size and composition, 

including— 

(A) individual unit-level aircraft allocation; 

(B) aviation platform-specific force structure; and 

(C) quantity of squadrons within each aviation platform. 

(5) An analysis of aviation squadron manning documents 

on appropriate levels and composition of military pilots, nonpilot aviators, and non-aircrew for each squadron in support 

of the most current National Defense Strategy, including a 

consideration of— 

(A) appropriate levels and composition of military 

pilots, non-pilot aviators, and non-aircrew for each 

squadron in support of such National Defense Strategy; 

(B) flight-related workload compared with non-flight 

related workload for military pilots and non-pilot aviators; 

(C) the number of different aircraft platforms to which 

enlisted maintenance personnel are expected to be assigned 

throughout a typical career; and 

(D) career training milestones for enlisted maintenance 

personnel, and the effects of such milestones on military 

aviation readiness. 

(6) An analysis of logistics programs in support of military 

aviation readiness, including— 

(A) an evaluation of any shortfalls in logistics programs 

that serve as contributing factors to both military pilot 

retention and overall readiness of military aviation units; 

(B) an analysis of aircraft parts cannibalization rates; 

(C) a determination of average mission capable ratings 

for aircraft throughout the various stages of the deployment 

cycle; 

(D) an analysis of rates of reassignment of aircraft 

from non-deploying units to deploying units; and 

(E) an identification of individual aircraft communities, 

if any, with strained supply chains with single-source suppliers. 

SEC. 1075. REPORT ON HIGHEST-PRIORITY ROLES AND MISSIONS OF 

THE DEPARTMENT OF DEFENSE AND THE ARMED 

FORCES. 

(a) REPORT ON ROLES AND MISSIONS.— (1) REPORT REQUIRED.—Not later than March 31, 2019, 

the Secretary of Defense shall submit to the congressional 

defense committees a report setting forth a re-evaluation of 

the highest priority missions of the Department of Defense, 

and of the roles of the Armed Forces in the performance of 

such missions. 


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(2) GOALS.—The goals of the re-evaluation required for 

purposes of the report shall be as follows: 

(A) To support implementation of the National Defense 

Strategy. 

(B) To optimize the effectiveness of the joint force. 

(C) To inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress. 

(b) ELEMENTS.—The report required by subsection (b) shall 

include the following: 

(1) A detailed description of the pacing threats for each 

Armed Force, and for special operations forces, and an assessment of the manner in which such pacing threats determine 

the primary role of each Armed Force, and special operations 

forces, including the connection between key operational tasks 

required by contingency plans. 

(2) A specific requirement for the size and composition 

of each Armed Force, including the following: 

(A) The required total end strength and force structure 

by type for the Army. 

(B) The required fleet size of the Navy, identified by 

class of ships and the corresponding total end strength 

requirement once that fleet size is achieved. 

(C) The required number of operational Air Force 

squadrons, identified by function and the corresponding 

total end strength requirement once that number of squadrons is achieved. 

(D) The required total end strength and force structure 

by type for the Marine Corps. 

(3) An evaluation of the roles of the Armed Forces in 

performing low-intensity missions, such as counterterrorism 

and security force assistance. 

(4) An assessment of the roles of the total ground forces, 

both Army and Marine Corps, to execute the National Defense 

Strategy. 

(5) An assessment, based on operational plans, of the ability 

of power projection platforms to survive and effectively perform 

the highest priority operational missions described in the 

National Defense Strategy. 

(6) An assessment, based on operational plans, of the ability 

of manned, stealthy, penetrating strike platforms to survive 

and perform effectively the highest priority operational missions 

described in the National Defense Strategy. 

(7) An evaluation of the most effective and efficient means 

for the joint force to achieve air superiority in both contested 

and uncontested environments. 

(8) An evaluation of the roles of the joint special operations 

enterprise. 

(9) An assessment of the manner in which increased use 

of the space domain should revise or reallocate the requirements 

of the joint force. 

(10) An assessment of the manner in which the joint force 

will perform the mission of logistics in contested environments. 

(c) FORM.—The report required in subsection (b) shall be submitted in classified form, and shall include an unclassified summary. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1983 

Subtitle F—Other Matters 

SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) Sections 130j and 130k, as added by section 1631 of 

the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91; 131 Stat. 1736), are amended by striking 

‘‘section 3093 of title 50, United States Code’’ both places it 

appears and inserting ‘‘section 503 of the National Security 

Act of 1947 (50 U.S.C. 3093)’’. 

(2) The table of sections at the beginning of chapter 3 

is amended by striking the items relating to sections 130j 

and 130k and inserting the following new items: 

‘‘130j. Notification requirements for sensitive military cyber operations. 

‘‘130k. Notification requirements for cyber weapons.’’. 

(3) Section 131(b)(9), as amended by section 811, is further 

amended— 

(A) by striking subparagraphs (B), (C), and (D); and 

(B) by redesignating subparagraphs (E), (F), (G), and 

(H), as subparagraphs (B), (C), (D), and (E), respectively. 

(4) The table of sections at the beginning of chapter 4 

is amended by striking the item relating to section 261 and 

inserting the following: 

‘‘241. Reference to chapters 1003, 1005, and 1007.’’. 

(5) Section 494(b)(2) is amended in the matter preceding 

subparagraph (A) by striking ‘‘March 1, 2012, and annually 

thereafter’’ and inserting ‘‘March 1 of each year’’. 

(6) Section 495(a) is amended by striking ‘‘Beginning in 

fiscal year 2013, the’’ and inserting ‘‘The’’. 

(7) Section 499a(d), as added by section 1652(a) of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 131 Stat. 1757), is amended by striking ‘‘on or 

after the date of the enactment of this section’’ and inserting 

‘‘after December 11, 2017,’’. 

(8) Section 637a(d) is amended by striking ‘‘specialities’’ 

and inserting ‘‘specialties’’. 

(9) Section 664(d)(1) is amended by striking ‘‘the the’’ and 

inserting ‘‘the’’. 

(10) The table of subchapters at the beginning of chapter 

47A is amended by striking the item relating to subchapter 

VII and inserting the following: 

‘‘VII. POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS’’. 

(11) The table of sections at the beginning of subchapter 

VII of chapter 47A is amended by striking the item relating 

to section 950g and inserting the following: 

‘‘950g. Review by United States Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court.’’. 

(12) Section 950t is amended— 

(A) in paragraph (9), by striking ‘‘attack. or’’ and 

inserting ‘‘attack, or’’; 

(B) in paragraph (16), by striking ‘‘shall punished’’ 

and inserting ‘‘shall be punished’’; and 

10 USC 950a 

prec. 

10 USC 948a 

prec. 

10 USC 241 prec. 

10 USC 121 prec. 


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132 STAT. 1984 PUBLIC LAW 115–232—AUG. 13, 2018 

(C) in paragraph (22), by adding a period at the end. 

(13) The table of sections at the beginning of chapter 55 

is amended by striking the item relating to section 1077a 

and inserting the following: 

‘‘1077a. Access to military medical treatment facilities and other facilities.’’. 

(14) Section 1415(e) is amended by striking ‘‘concerned’’. 

(15) Section 2006a(b)(3) is amended by striking ‘‘the such 

programs’’ and inserting ‘‘such programs’’. 

(16) Section 2279(c) is amended by striking ‘‘subsection 

(a) and (b)’’ and inserting ‘‘subsections (a) and (b)’’. 

(17) Section 2279c, as added by section 1601(a)(1) of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 131 Stat. 1718), is amended— 

(A) in subsection (a)(3), by striking ‘‘ the date of the 

enactment of this Act’’ and inserting ‘‘December 12, 2017’’; 

and 

(B) in subsection (b)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘ the date of the enactment of this section’’ 

and inserting ‘‘December 12, 2017’’; and 

(ii) in paragraph (3), by striking ‘‘on or after the 

date that is one year after the date of the enactment 

of this section’’ and inserting ‘‘after December 11, 

2018’’. 

(18)(A) The second section 2279c, as added by section 1602 

of the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91; 131 Stat. 1721), is redesignated as section 

2279d. 

(B) The table of sections at the beginning of chapter 135 

is amended by inserting after the item relating to section 2279c 

the following new item: 

‘‘2279d. Limitation on construction on United States territory of satellite positioning 

ground monitoring stations of certain foreign governments.’’. 

(19) Section 2313b(b)(1)(E), as added by section 803(a) of 

the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91; 131 Stat. 1452), is amended by redesignating clauses (A) and (B) as clauses (i) and (ii), respectively. 

(20) Section 2337a(d), as added by section 836(a)(1) of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 131 Stat. 1473), is amended by striking ‘‘title 

10, United States Code’’ and inserting ‘‘this title’’. 

(21) Section 2374a(e) is amended by striking ‘‘,,’’ and 

inserting ‘‘,’’. 

(22) The table of sections at the beginning of chapter 141 

is amended by striking the item relating to section 2410s and 

inserting the following new item: 

‘‘2410s. Security clearances for facilities of certain companies.’’. 

(23) The heading of section 2410s is amended by striking 

the period at the end. 

(24)(A) The heading of section 2414, as amended by section 

817(1) of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91; 131 Stat. 1462), is amended 

to read as follows: 

10 USC 2381 

prec. 

10 USC 2271 

prec. 

10 USC 1415. 

10 USC 1071 

prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1985 

‘‘§ 2414. Funding’’. 

(B) The item relating to such section in the table of sections 

at the beginning of chapter 142 is amended to read as follows: 

‘‘2414. Funding.’’. 

(25) Section 2613(g) is amended by striking ‘‘(1)’’. 

(26) Section 2679(a)(1) is amended by striking ‘‘Federal 

government’’ and inserting ‘‘Federal Government’’. 

(27) The heading of section 2691, as amended by section 

2814(b)(1) of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91), is amended to read as follows: 

‘‘§ 2691. Restoration of land used by permit or damaged by 

mishap; reimbursement of state costs of fighting 

wildland fires’’. 

(28) Section 2879(a)(2)(A), as added by section 2817(a)(1) 

of the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91), is amended by striking ‘‘on or after the 

date of the enactment of this section’’ and inserting ‘‘after 

December 11, 2017,’’. 

(29) The heading of section 2914 is amended to read as 

follows: 

‘‘§ 2914. Energy resilience and conservation construction 

projects’’. 

(30) Section 10504 is amended— 

(A) in subsection (a), by striking ‘‘The Chief’’ and 

inserting ‘‘(1) The Chief’’; and 

(B) by redesignating the second subsection (b) as subsection (c). 

(b) TITLE 32, UNITED STATES CODE.—Title 32, United States 

Code, is amended in section 902, by striking ‘‘the Secretary, determines’’ and inserting ‘‘the Secretary determines’’. 

(c) NDAA FOR FISCAL YEAR 2018.—Effective as of December 

12, 2017, and as if included therein as enacted, the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 

Stat. 1284 et seq.) is amended as follows: 

(1) Section 834(a)(2) (131 Stat. 1470) is amended by striking 

‘‘subchapter I of’’. 

(2) Section 913(b) is amended by striking the dash after 

the colon in the matter preceding paragraph (1). 

(3) Section 1051(d) is amended by inserting ‘‘National’’ 

before ‘‘Defense Authorization Act’’. 

(4) Section 1691(i) is amended— 

(A) by inserting ‘‘the’’ after ‘‘Title XIV of’’; and 

(B) by inserting ‘‘as enacted into law by’’ before ‘‘Public 

Law 106–398’’. 

(5) Section 2817(a)(2) is amended by striking ‘‘table of 

sections for’’ and inserting ‘‘table of sections at the beginning 

of subchapter IV of’’. 

(6) Section 2831(b) is amended by inserting ‘‘of title 10, 

United States Code,’’ after ‘‘chapter 173’’. 

(7) Section 2876(d) is amended— 

(A) by inserting ‘‘In this section:’’ after ‘‘DEFINITIONS.— 

’’; and 

10 USC 2661 

note. 

10 USC 2911 

prec. 

10 USC 2871 

prec. 

50 USC 2301 

note. 

24 USC 418. 

10 USC 2302 

note. 

10 USC 2430 

prec. 

24 USC 418 note. 

10 USC 2613. 

10 USC 2411 

prec. 


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132 STAT. 1986 PUBLIC LAW 115–232—AUG. 13, 2018 

(B) in paragraph (1)(A), in the matter preceding clause 

(i), by inserting open quotation marks before ‘‘beneficial’’ 

and close quotation marks after ‘‘owner’’. 

(d) OTHER NDAAS.—Section 828(c) of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 

U.S.C. 2430 note), as added by section 825(a)(4) of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 131 Stat. 1466), is amended by inserting ‘‘subsection’’ before 

‘‘(b)’’. 

(e) OTHER LAWS.— (1) TITLE 31.—Paragraph (1) of section 5112(p) of title 31, 

United States Code, as amended by section 885 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 

115–91; 131 Stat. 1505), is amended by striking ‘‘, United 

States Code’’ each place it appears. 

(2) TITLE 49.—Subsection (h) of section 44718 of title 49, 

United States Code, as amended and redesignated by sections 

311(b)(3) and 311(e)(1) of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91), is amended— 

(A) in paragraph (1), by striking ‘‘section 183a(g) of 

title 10’’ and inserting ‘‘section 183a(h)(1) of title 10’’; and 

(B) in paragraph (2), by striking ‘‘section 183a(g) of 

title 10’’ and inserting ‘‘section 183a(h)(7) of title 10’’. 

(3) ATOMIC ENERGY DEFENSE ACT.—Section 4309(c) of the 

Atomic Energy Defense Act (50 U.S.C. 2575(c)) is amended 

by redesignating paragraphs (17) and (18) as paragraphs (16) 

and (17), respectively. 

(f) CONFORMING AMENDMENTS RELATING TO THE CHIEF

MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.— 

(1) CONFORMING AMENDMENTS.— 

(A) Each of the following provisions law is amended 

by striking ‘‘Deputy Chief Management Officer’’ each place 

it appears and inserting ‘‘Chief Management Officer’’: 

(i) Section 192(e)(2) of title 10, United States Code. 

(ii) Section 2222 of title 10, United States Code. 

(iii) Section 11319(d)(4) of title 40, United States 

Code. 

(iv) Section 881(a) of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 

114–92; 10 U.S.C. 2302 note). 

(v) Section 217 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

10 U.S.C. 2445a note). 

(B) Section 131(b) of title 10, United States Code, as 

amended by subsection (a)(3) of this section, is further 

amended— 

(i) by striking paragraph (4); and 

(ii) by redesignating paragraphs (5) through (10) 

as paragraphs (4) through (9), respectively. 

(C) Section 137a(d) of title 10, United States Code, 

is amended— 

(i) by striking ‘‘the Secretaries of the military 

departments,’’ and inserting ‘‘the Chief Management 

Officer of the Department of Defense, the Secretaries 

of the military departments, and’’; and 

(ii) by striking ‘‘, and the Deputy Chief Management Officer of the Department of Defense’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1987 

(D) Section 138(d) of title 10, United States Code, 

is amended— 

(i) by inserting ‘‘the Chief Management Officer 

of the Department of Defense,’’ after ‘‘the Deputy Secretary of Defense,’’; and 

(ii) by striking ‘‘the Deputy Chief Management 

Officer of the Department of Defense,’’. 

(E) Section 904(b)(4) the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 

U.S.C. 132 note.) is amended— 

(i) by striking ‘‘and Deputy Chief Management 

Officer’’; and 

(ii) by striking ‘‘as is necessary to assist those 

officials in the performance of their duties’’ and 

inserting ‘‘as is necessary to assist the Chief Management Officer in the performance of the duties assigned 

to such official’’. 

(F) Section 5314 of title 5, United States Code, is 

amended by striking ‘‘Deputy Chief Management Officer 

of the Department of Defense.’’. 

(2) REFERENCES.— 

(A) IN LAW OR REGULATION.—Any reference in a law 

(other than this Act) or regulation in effect on the day 

before the date of the enactment of this Act to the Deputy 

Chief Management Officer of the Department of Defense 

is deemed to be a reference to the Chief Management 

Officer of the Department of Defense. 

(B) IN OTHER DOCUMENTS, PAPERS, OR RECORDS.—Any 

reference in a document, paper, or other record of the 

United States prepared before the date of the enactment 

of this Act to the Deputy Chief Management Officer of 

the Department of Defense is deemed to be a reference 

to the Chief Management Officer of the Department of 

Defense. 

(g) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS

ACT.—For purposes of applying amendments made by provisions 

of this Act other than this section, the amendments made by this 

section shall be treated as having been enacted immediately before 

any such amendments by other provisions of this Act. 

SEC. 1082. PRINCIPAL ADVISOR ON COUNTERING WEAPONS OF MASS 

DESTRUCTION. 

(a) IN GENERAL.— 

(1) DESIGNATION OF PRINCIPAL ADVISOR.—Chapter 4 of title 

10, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 145. Principal Advisor on Countering Weapons of Mass 

Destruction 

‘‘The Secretary of Defense may designate, from among the 

personnel of the Office of the Secretary of Defense, a Principal 

Advisor on Countering Weapons of Mass Destruction. Such Principal 

Advisor shall coordinate the activities of the Department of Defense 

relating to countering weapons of mass destruction. The individual 

designated to serve as such Principal Advisor shall be an individual 

who was appointed to the position held by the individual by and 

with the advice and consent of the Senate.’’. 

10 USC 145. 

10 USC 101 note. 

10 USC 132a 

note. 


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132 STAT. 1988 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘145. Principal Advisor on Countering Weapons of Mass Destruction.’’. 

(b) OVERSIGHT PLAN.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a plan to streamline the 

oversight framework of the Office of the Secretary of Defense, 

including any efficiencies and the potential to reduce, realign, or 

otherwise restructure current Assistant Secretary and Deputy 

Assistant Secretary positions with responsibilities for overseeing 

countering weapons of mass destruction policy, programs, and 

activities. 

(c) DIRECTIVE.—Not later than 90 days after the submission 

of the oversight plan under subsection (b), the Secretary of Defense 

shall issue a directive for the implementation of the oversight 

plan by the Countering Weapons of Mass Destruction-Unity of 

Effort Council. 

(d) REPORT.— 

(1) IN GENERAL.—The Secretary shall submit to the congressional defense committees a report at the same time as the 

submission of the budget of the President (as submitted to 

Congress pursuant to section 1105(a) of title 31, United States 

Code) for each of fiscal years 2020 through fiscal year 2024. 

Each such report shall include, for the fiscal year covered 

by the report, each of the following: 

(A) A concise budget summary, including budget program data provided by the Undersecretary of Defense 

(Comptroller) for all activities of the Department that 

include countering weapons of mass destruction for the 

period covered by the applicable future-years defense program under section 221 of title 10, United States Code. 

(B) A description of the activities taken by the Countering Weapons of Mass Destruction-Unity of Effort 

Council, including— 

(i) A description of actions that are promoting a 

unity of effort with respect to countering weapons of 

mass destruction across all elements of the Department. 

(ii) A list of topics that have been brought before 

the Countering Weapons of Mass Destruction-Unity 

of Effort Council and the resolution of each such topic. 

(iii) A description of current and future threats 

involving weapons of mass destruction. 

(iv) A plan, for the period covered by the applicable 

future-years defense program under section 221 of title 

10, United States Code, to address the threats identified under clause (iii) consistent with the budget. 

(v) Such other matters as the Secretary determines 

are relevant. 

(2) FORM OF REPORT.—The report required by paragraph 

(1) shall be submitted in unclassified form, but may include 

a classified annex. 

10 USC 131 note. 

10 USC 131 note. 

10 USC 131 prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1989 

SEC. 1083. MODIFICATION OF AUTHORITY TO TRANSFER AIRCRAFT 

TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION 

PURPOSES. 

(a) TRANSFER BY DEPARTMENT OF HOMELAND SECURITY.—Paragraph (1) of subsection (a) of section 1098 of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 

Stat. 881) is amended— 

(1) in subparagraph (A), by striking ‘‘of—’’ and all that 

follows and inserting ‘‘of the seven demilitarized HC–130H 

aircraft specified in subparagraph (B) to the Secretary of the 

Air Force.’’; 

(2) by striking subparagraph (B); and 

(3) by redesignating subparagraph (C) as subparagraph 

(B). 

(b) AIR FORCE ACTIONS.—Paragraph (2) of such subsection is 

amended— 

(1) in subparagraph (A)(iii), by striking ‘‘to the Secretary 

of Agriculture’’ and all that follows and inserting ‘‘to the State 

of California, Natural Resources Agency, for use by the Department of Forestry and Fire Protection for firefighting purposes.’’; 

and 

(2) in subparagraph (C)— 

(A) by striking ‘‘unless, by reimbursable order’’ and 

all that follows through ‘‘such modifications’’ in each of 

clauses (i) and (ii); 

(B) in clause (i), by striking ‘‘$5,000,000’’ and inserting 

‘‘$7,500,000’’; and 

(C) in clause (ii), by striking ‘‘$130,000,000’’ and inserting ‘‘$150,000,000’’. 

(c) COAST GUARD ACTIONS.—The second sentence of paragraph 

(3) of such subsection is amended by striking ‘‘under paragraph 

(2)(A)(ii).’’ and inserting ‘‘pursuant to this subsection before the 

date of the enactment of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019. If the Governor of California 

identifies fewer than seven aircraft to be acquired for firefighting 

purposes, the Secretary of Homeland Security may retain title 

and disposition of the HC-130H aircraft not included in the 

transfer.’’. 

(d) CONFORMING AMENDMENTS.—Subsection (c) of such section 

is amended by inserting ‘‘or the Governor of California’’ after ‘‘Secretary of Agriculture’’ each place it appears. 

(e) SECRETARY OF AGRICULTURE RETRANSFER OF TRANSFERRED

INITIAL SPARES AND RELATED EQUIPMENT.—The Secretary of Agriculture shall, acting for the Forest Service, transfer to the Commandant of the Coast Guard or the Governor of California, as 

appropriate, any initial spares and necessary ground support equipment for HC–130H aircraft that were transferred to the Secretary 

pursuant to section 1098(a)(1)(A)(ii) of the National Defense 

Authorization Act for Fiscal Year 2014 before the date of the enactment of this Act. 

(f) GOVERNOR OF CALIFORNIA ACTIONS.— (1) CERTIFICATION REQUIRED.—No action may be taken to 

transfer any aircraft pursuant to section 1098(a) of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 

113–66; 127 Stat. 881), as amended by this section, unless 

the Governor of the State of California submits to the Secretary 

of Defense certification in writing of the number of HC-130H 


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132 STAT. 1990 PUBLIC LAW 115–232—AUG. 13, 2018 

aircraft that the State of California requests to be transferred 

pursuant to such section for firefighting purposes. 

(2) FAILURE TO SUBMIT CERTIFICATION.—If the Governor 

of California fails to submit the certification under paragraph 

(1) before the date that is 120 days after the date of the 

enactment of this Act— 

(A) paragraph (2) of subsection (a) of section 1098 

of the National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113–66; 127 Stat. 881), as amended by 

this section shall have no force or effect; and 

(B) the Secretary of Homeland Security may retain 

title and disposition of the HC-130H aircraft specified in 

paragraph (1)(B) of such subsection. 

SEC. 1084. IMPROVEMENT OF DATABASE ON EMERGENCY RESPONSE 

CAPABILITIES. 

(a) IN GENERAL.—Section 1406 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2436; 10 U.S.C. 113 note) is amended— 

(1) by inserting before ‘‘The Secretary’’ the following: ‘‘(a) 

DATABASE REQUIRED.—’’; 

(2) in subsection (a), as designated by paragraph (1), by 

adding at the end the following new paragraphs: 

‘‘(3) The types of emergency response cyber capabilities 

that the National Guard of each State and territory may be 

able to provide in response to domestic or natural man-made 

disasters, as reported by the States and territories, including— 

‘‘(A) capabilities that can be provided within the State 

or territory; 

‘‘(B) capabilities that can be provided under Stateto-State mutual assistance agreements; and 

‘‘(C) capabilities for defense support to civil authorities. 

‘‘(4) The types of emergency response cyber capabilities 

of other reserve components of the Armed Forces identified 

by the Secretary that are available for defense support to 

civil authorities in response to domestic or natural man-made 

disasters.’’; and 

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

‘‘(b) INFORMATION REQUIRED TO KEEP DATABASE CURRENT.— 

In maintaining the database required by subsection (a), the Secretary shall identify and revise the information required to be 

reported and included in the database at least once every two 

years for purposes of keeping the database current.’’. 

(b) ESTABLISHMENT OF DATABASE.— 

(1) DEADLINE FOR ESTABLISHMENT.—The Secretary of 

Defense shall establish the database required by section 1406 

of the John Warner National Defense Authorization Act for 

Fiscal Year 2007, as amended by subsection (a), by not later 

than one year after the date of the enactment of this Act. 

(2) USE OF EXISTING DATABASE OR SYSTEM FOR CERTAIN

CAPABILITIES.—The Secretary may meet the requirement with 

respect to the capabilities described in subsection (a)(1) of section 1406 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007, as so amended, in connection with 

the database required by that section through the use or modification of current databases and tracking systems of the 

Department of Defense, including the Defense Readiness 

10 USC 113 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1991 

Reporting System, if the Secretary determines that such action 

will— 

(A) expedite compliance with the requirement; and 

(B) achieve such compliance at a cost not greater than 

the cost of establishing anew the database otherwise covered by the requirement. 

SEC. 1085. DISCLOSURE REQUIREMENTS FOR UNITED STATES-BASED 

FOREIGN MEDIA OUTLETS. 

Title VII of the Communications Act of 1934 (47 U.S.C. 601 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 722. DISCLOSURE REQUIREMENTS FOR UNITED STATES-BASED 

FOREIGN MEDIA OUTLETS. 

‘‘(a) REPORTS BY OUTLETS TO COMMISSION.—Not later than 

60 days after the date of the enactment of this section, and not 

less frequently than every 6 months thereafter, a United Statesbased foreign media outlet shall submit to the Commission a report 

that contains the following information: 

‘‘(1) The name of such outlet. 

‘‘(2) A description of the relationship of such outlet to 

the foreign principal of such outlet, including a description 

of the legal structure of such relationship and any funding 

that such outlet receives from such principal. 

‘‘(b) REPORTS BY COMMISSION TO CONGRESS.—Not later than 

90 days after the date of the enactment of this section, and not 

less frequently than every 6 months thereafter, the Commission 

shall transmit to Congress a report that summarizes the contents 

of the reports submitted by United States-based foreign media 

outlets under subsection (a) during the preceding 6-month period. 

‘‘(c) PUBLIC AVAILABILITY.—The Commission shall make publicly available on the internet website of the Commission each 

report submitted by a United States-based foreign media outlet 

under subsection (a) not later than the earlier of— 

‘‘(1) the date that is 30 days after the outlet submits 

the report to the Commission; or 

‘‘(2) the date on which the Commission transmits to Congress under subsection (b) the report covering the 6-month 

period during which the report of the outlet was submitted 

to the Commission under subsection (a). 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) FOREIGN PRINCIPAL.—The term ‘foreign principal’ has 

the meaning given such term in section 1(b)(1) of the Foreign 

Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)). 

‘‘(2) UNITED STATES-BASED FOREIGN MEDIA OUTLET.—The 

term ‘United States-based foreign media outlet’ means an entity 

that— 

‘‘(A) produces or distributes video programming (as 

defined in section 602) that is transmitted, or intended 

for transmission, by a multichannel video programming 

distributor (as defined in such section) to consumers in 

the United States; and 

‘‘(B) would be an agent of a foreign principal (as defined 

in paragraph (1)) for purposes of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) but for section 

1(d) of such Act (22 U.S.C. 611(d)).’’. 

47 USC 624. 


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132 STAT. 1992 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1086. UNITED STATES POLICY WITH RESPECT TO FREEDOM OF 

NAVIGATION AND OVERFLIGHT. 

(a) DECLARATION OF POLICY.—It is the policy of the United 

States to fly, sail, and operate throughout the oceans, seas, and 

airspace of the world wherever international law allows. 

(b) IMPLEMENTATION OF POLICY.—In furtherance of the policy 

set forth in subsection (a), the Secretary of Defense should— 

(1) plan and execute a robust series of routine and regular 

air and naval presence missions throughout the world and 

throughout the year, including for critical transportation corridors and key routes for global commerce; 

(2) in addition to the missions executed pursuant to paragraph (1), execute routine and regular air and maritime freedom 

of navigation operations throughout the year, in accordance 

with international law, including, but not limited to, maneuvers 

beyond innocent passage; and 

(3) to the maximum extent practicable, execute the missions 

pursuant to paragraphs (1) and (2) with regional partner countries and allies of the United States. 

SEC. 1087. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY. 

(a) ESTABLISHMENT; PURPOSE.— 

(1) ESTABLISHMENT.—There is established the National 

Commission on Military Aviation Safety (in this section referred 

to as the ‘‘Commission’’). The Commission shall be considered 

an independent establishment of the Federal Government as 

defined by section 104 of title 5, United States Code, and 

a temporary organization under section 3161 of such title. 

(2) PURPOSE.—The purpose of the Commission is to 

examine and make recommendations with respect to certain 

United States military aviation mishaps. 

(b) MEMBERSHIP.— 

(1) COMPOSITION.—The Commission shall be composed of 

eight members, of whom— 

(A) four shall be appointed by the President; 

(B) one shall be appointed by the Chairman of the 

Committee on Armed Services of the Senate; 

(C) one shall be appointed by the Ranking Member 

of the Committee on Armed Services of the Senate; 

(D) one shall be appointed by the Chairman of the 

Committee on Armed Services of the House of Representatives; and 

(E) one shall be appointed by the Ranking Member 

of the Committee on Armed Services of the House of Representatives. 

(2) APPOINTMENT DATE.—The appointments of the members 

of the Commission shall be made not later than 90 days after 

the date of the enactment of this Act. 

(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT

DATE.—If one or more appointments under subparagraph (A) 

of paragraph (1) is not made by the appointment date specified 

in paragraph (2), the authority to make such appointment 

or appointments shall expire, and the number of members 

of the Commission shall be reduced by the number equal to 

the number of appointments so not made. If an appointment 

under subparagraph (B), (C), (D), or (E) of paragraph (1) is 

not made by the appointment date specified in paragraph (2), 

10 USC 113 note. 


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the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number 

otherwise appointable under such subparagraph. 

(4) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in military aviation training, aviation technology, military 

aviation operations, aircraft sustainment and repair, aviation 

personnel policy, aerospace physiology, and reserve component 

policy. 

(5) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the Commission. Any vacancy in 

the Commission shall not affect its powers, but shall be filled 

in the same manner as the original appointment. 

(6) CHAIR AND VICE CHAIR.—The Commission shall select 

a Chair and Vice Chair from among its members. The Chair 

may not be a Federal officer or employee. 

(7) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 

requirements of section 2105 of title 5, United States Code, 

including the required supervision under subsection (a)(3) of 

such section, the members of the Commission shall be deemed 

to be Federal employees. 

(8) PAY FOR MEMBERS.— 

(A) IN GENERAL.—Except for the Chair, each member 

of the Commission who is not an officer or employee of 

the Federal government shall be paid at a rate equal to 

the daily equivalent of the annual rate of basic pay payable 

for level IV of the Executive Schedule under section 5315 

of title 5, United States Code, for each day (including 

travel time) during which the member is engaged in the 

actual performance of duties vested in the Commission. 

All members of the Commission who are officers or 

employees of the United States shall serve without compensation in addition to that received for their services 

as officers or employees of the United States. 

(B) CHAIR.—The Chair of the Commission shall be 

paid at a rate equal to the daily equivalent of the annual 

rate of basic pay payable for level III of the Executive 

Schedule under section 5314, of title 5, United States Code, 

for each day (including travel time) during which the 

member is engaged in the actual performance of duties 

vested in the Commission. 

(C) TRAVEL EXPENSES.—The members of the Commission shall be allowed travel expenses, including per diem 

in lieu of subsistence, at rates authorized for employees 

of agencies under subchapter I of chapter 57 of title 5, 

United States Code, while away from their homes or regular places of business in the performance of services for 

the Commission. 

(c) ADDITIONAL STAFF.— 

(1) EXECUTIVE DIRECTOR.— 

(A) APPOINTMENT.—The Commission shall appoint and 

fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code. 

(B) LIMITATIONS.—The individual appointed to serve 

as Executive Director may not have served on active duty 


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in the Armed Forces or as a civilian employee of the Department of Defense during the one-year period preceding the 

date of such appointment. 

(2) COMMISSION STAFF.—The Executive Director, with the 

approval of the Commission, may appoint and fix the rate 

of basic pay for additional personnel as staff of the Commission 

in accordance with section 3161 of title 5, United States Code. 

(3) DETAILEES.—Not more than half of the personnel 

employed by or detailed to the Commission may be on detail 

from the Department of Defense and other Federal departments 

or agencies. 

(d) MEETINGS.— (1) IN GENERAL.—The Commission shall meet at the call 

of the Chair. 

(2) INITIAL MEETING.—Not later than 30 days after the 

date on which all members of the Commission are required 

to have been appointed under subsection (b)(2), the Commission 

shall hold its initial meeting. 

(3) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members 

may hold hearings. 

(e) SPACE FOR COMMISSION.—Not later than 90 days after the 

date of the enactment of this Act, the Administrator of General 

Services, in consultation with the Secretary of Defense, shall identify and make available suitable excess space within the Federal 

space inventory to house the operations of the Commission. If 

the Administrator is not able to make such suitable excess space 

available within such 90-day period, the Commission may lease 

space to the extent that funds are available for such purpose. 

(f) CONTRACTING AUTHORITY.—The Commission may enter into 

contracts for the acquisition of administrative supplies and equipment for use by the Commission, to the extent that funds are 

available for such purpose. 

(g) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chair of the Commission may procure temporary and 

intermittent services under section 3109(b) of title 5, United States 

Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of 

the Executive Schedule under section 5316 of such title. 

(h) DUTIES.— 

(1) STUDY ON MILITARY AVIATION SAFETY.—The Commission 

shall undertake a comprehensive study of United States military aviation mishaps that occurred between fiscal years 2013 

and 2018 in order— 

(A) to assess the rates of military aviation mishaps 

between fiscal years 2013 and 2018 compared to historic 

aviation mishap rates; 

(B) to make an assessment of the underlying causes 

contributing to the unexplained physiological effects; 

(C) to make an assessment of causes contributing to 

delays in aviation maintenance and limiting operational 

availability of aircraft; 

(D) to make an assessment of the causes contributing 

to military aviation mishaps; and 

(E) to make recommendations on the modifications, 

if any, of safety, training, maintenance, personnel, or other 

policies related to military aviation safety. 


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(2) REPORT.—Not later than March 1, 2020, the Commission shall submit to the President and the congressional defense 

committees a report setting forth a detailed statement of the 

findings and conclusions of the Commission as a result of 

the study required by paragraph (1), together with the recommendations of the Commission for such legislative and 

administrative actions as the Commission considers appropriate 

in light of the results of the study. 

(i) POWERS.— (1) HEARINGS.—The Commission may hold such hearings, 

sit and act at such times and places, take such testimony, 

and receive such evidence as the Commission considers advisable to carry out its duties under this subtitle. 

(2) INFORMATION FROM DEPARTMENT.—The Commission 

may secure directly from any element of the Department of 

Defense such information as the Commission considers necessary to carry out its duties under this subtitle. Upon request 

of the Chair of the Commission, the head of such element 

shall furnish such information to the Commission. 

(j) PROTECTION OF PRIVILEGED SAFETY INFORMATION.— 

(1) REQUEST OF INFORMATION.—The Commission may 

request privileged safety information from the Department of 

Defense. 

(2) TREATMENT OF INFORMATION.—Any privileged safety 

information provided to the Commission by the Department 

of Defense shall be handled by the Commission as though 

the Commission were a non-Department of Defense Federal 

Government agency under Enclosure 5, Section 8, of Department of Defense Instruction 6055.07, Mishap Notification, 

Investigation, Reporting, and Record Keeping. 

(3) PROHIBITION ON USE OF INFORMATION IN PUBLIC

HEARINGS.—No privileged safety information shall be allowed 

in any public hearing of the Commission. The Commission 

may only consider privileged safety information in camera, 

and no record of the proceedings of the Commission may include 

privileged safety information. 

(4) PROHIBITION ON PUBLICATION.—Any privileged safety 

information secured by the Commission from the Department 

of Defense— 

(A) may not be published or revealed to anyone outside 

the Commission; 

(B) may not be retained but shall be returned to the 

originating Department of Defense organization; and 

(C) may not be included in any Commission report. 

(5) USE OF AGGREGATED DATA.—Aggregated data based on 

privileged safety information or information that has been completely sanitized in accordance with Department of Defense 

Instruction 6055.07, such that individual mishaps are not 

identifiable, may be included in the report produced by the 

Commission. 

(6) DEFINITION OF PRIVILEGED SAFETY INFORMATION.—In 

this subsection, the term ‘‘privileged safety information’’ has 

the meaning given it in Department of Defense Instruction 

6055.07, dated June 6, 2011. 

(k) TERMINATION.—The Commission shall terminate 90 days 

after the date on which the Commission submits the report required 

under subsection (h)(2). 


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(l) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts 

authorized to be appropriated for fiscal year 2019, as identified 

in division D of this Act, $5,000,000 shall be available for the 

National Commission on Aviation Safety. 

SEC. 1088. SENSE OF CONGRESS REGARDING THE INTERNATIONAL 

BORDERS OF THE UNITED STATES. 

It is the sense of Congress that— 

(1) gaining and maintaining situational awareness and 

operational control of the international borders of the United 

States is critical to national security; 

(2) the United States Government must devote adequate 

resources to securing the border, both at, and between, ports 

of entry, and the agency tasked with that mission, the Department of Homeland Security, should be adequately resourced 

to conduct such mission; and 

(3) the Department of Defense must ensure that when 

it acts in support of that mission, such as when mobilized 

by the President to conduct homeland defense activities, or 

when military facilities are adjacent to an international border 

of the United States, it has adequate resources, capabilities, 

and authorities to carry out the mission while maintaining 

combat readiness. 

SEC. 1089. POLICY ON RESPONSE TO JUVENILE-ON-JUVENILE 

PROBLEMATIC SEXUAL BEHAVIOR COMMITTED ON MILITARY INSTALLATIONS. 

(a) POLICY REQUIRED.—The Secretary of Defense shall establish 

a policy, applicable across the military installations of the Department of Defense (including installations outside the United States), 

on the response of the Department to allegations of juvenile-onjuvenile problematic sexual behavior on military installations. The 

policy shall be designed to ensure a consistent, standardized 

response to such allegations across the Department. 

(b) ELEMENTS.—The policy required by this section shall provide 

for the following: 

(1) Any report or other allegation of juvenile-on-juvenile 

problematic sexual behavior on a military installation that 

is received by the installation commander, a law enforcement 

organization, a Family Advocacy Program, a child development 

center, a military treatment facility, or a Department school 

operating on the installation or otherwise under Department 

administration for the installation shall be reviewed by the 

Family Advocacy Program of the installation. 

(2) Personnel of Family Advocacy Programs conducting 

reviews shall have appropriate training and experience in 

working with juveniles. 

(3) Family Advocacy Programs conducting reviews shall 

conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents. 

(4) Each review shall be conducted— 

(A) with full involvement of appropriate authorities 

and entities, including parents or legal guardians of the 

juveniles involved (if practicable); and 

10 USC 1781 

note. 


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(B) to the extent practicable, in a manner that protects 

the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written 

policies and communication with families. 

(5) The requirement for investigation of a report or other 

allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report 

or allegation to appropriate Federal, State, or local authorities 

as possible criminal activity. 

(6) There shall be established and maintained a centralized 

database of information on each incident of problematic sexual 

behavior that is reviewed by a Family Advocacy Program under 

the policy established under this section, with— 

(A) the information in such database kept strictly confidential; and 

(B) because the information involves alleged conduct 

by juveniles, additional special precautions taken to ensure 

the information is available only to persons who require 

access to the information. 

(7) There shall be entered into the database, for each 

substantiated or unsubstantiated incident of problematic sexual 

behavior, appropriate information on the incident, including— 

(A) a description of the allegation; 

(B) whether or not the review is completed; 

(C) whether or not the incident was subject to an 

investigation by a law enforcement organization or entity, 

and the status and results of such investigation; and 

(D) whether or not action was taken in response to 

the incident, and the nature of the action, if any, so taken. 

SEC. 1090. RECOGNITION OF AMERICA’S VETERANS. 

(a) AUTHORIZATION OF SUPPORT.—In order to honor American 

veterans, including American veterans of past wars that the Secretary of Defense determines have not received appropriate recognition, the Secretary may provide such support as the Secretary 

determines is appropriate for a parade to be carried out in the 

District of Columbia. In providing support under this subsection, 

the Secretary may expend funds for the display of small arms 

and munitions appropriate for customary ceremonial honors and 

for the participation of military units that perform customary 

ceremonial duties. 

(b) PROHIBITION.—In providing support for a parade as 

described in subsection (a), the Secretary may not expend funds 

to provide motorized vehicles, aviation platforms, munitions other 

than the munitions specifically described in subsection (a), operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness of such units, platforms, or 

equipment. 

SEC. 1091. PROHIBITION OF FUNDS FOR CHINESE LANGUAGE INSTRUCTION PROVIDED BY A CONFUCIUS INSTITUTE. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department 

of Defense may be obligated or expended for Chinese language 

instruction provided by a Confucius Institute. 

(b) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department 


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of Defense may be obligated or expended to support a Chinese 

language program at an institution of higher education that hosts 

a Confucius Institute. 

(c) WAIVER.—The Under Secretary of Defense for Personnel 

and Readiness may waive the limitation in subsection (b) with 

respect to a Chinese language program at a specific institution 

of higher education if the Under Secretary of Defense for Personnel 

and Readiness— 

(1) certifies to the congressional defense committees that— 

(A) Confucius Institute employees and instructors will 

provide no instruction or educational support to the program; 

(B) Confucius Institute employees and instructors will 

have no authority with regard to the curriculum and activities of the program; and 

(C) the institution has made available to the Department of Defense all memoranda of understanding, contracts, and other agreements between the institution and 

the Confucius Institute, or between the institution and 

any agency of or organization affiliated with the government of the People’s Republic of China; or 

(2) certifies to the congressional defense committees that— 

(A) the requirements described in subparagraphs (A) 

and (B) of paragraph (1) have been met; and 

(B) the waiver of the limitation in subsection (b) is 

necessary for national security, and there is no reasonable 

alternative to issuing the waiver. 

(d) DEFINITIONS.— 

(1) CHINESE LANGUAGE PROGRAM.—The term ‘‘Chinese language program’’ means any Department of Defense program 

designed to provide or support Chinese language instruction, 

including the National Security Education Program, the Language Flagship program, Project Global Officer, and the Language Training Centers program. 

(2) CONFUCIUS INSTITUTE.—The term ‘‘Confucius Institute’’ 

means a Confucius Institute that is operated by the Office 

of Chinese Languages Council International, also known as 

Hanban, which is affiliated with the Ministry of Education 

of the People’s Republic of China. 

(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001 et seq.). 

(e) RULE OF CONSTRUCTION.—The prohibition under subsection 

(a) and the limitation under subsection (b) shall not apply to an 

institution of higher education by reason that the institution funds 

or sponsors an event or activity, regardless of any affiliation of 

any individual who participates in the event or activity, and nothing 

shall be construed to prohibit funding for other programs, research 

or other activities at an institution that hosts a Confucius institute. 

SEC. 1092. DEPARTMENT OF DEFENSE ENGAGEMENT WITH CERTAIN 

NONPROFIT ENTITIES IN SUPPORT OF MISSIONS OF 

DEPLOYED UNITED STATES PERSONNEL AROUND THE 

WORLD. 

(a) FINDING.—Congress finds that Spirit of America, a privatelyfunded, nonpartisan, nonprofit organization, acting in partnership 


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with the Department of Defense, has made an important contribution in supporting the missions of deployed United States personnel 

around the world. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

United States military commanders should, consistent with 

applicable laws, regulations, and guidance developed consistent with 

section 1088 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91; 131 Stat. 1605; 10 U.S.C. 113 

note), engage with and provide logistical support to covered nonFederal entities, including Spirit of America, to advance the military 

missions of the Armed Forces. 

(c) REPORT.— (1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, with 

the concurrence of the Secretary of State, shall submit to the 

appropriate committees of Congress a report on Department 

engagement with covered non-Federal entities. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the engagements of the Department with covered non-Federal entities during the 3-year 

period immediately preceding the date on which the report 

is submitted. 

(B) An evaluation of the implementation of the guidance of the Department applicable to Department engagements with covered non-Federal entities, including any 

guidance issued pursuant to section 1088 of the National 

Defense Authorization Act for Fiscal Year 2018. 

(C) Recommendations, if any, of the Secretary of 

Defense and the Secretary of State for improving the 

capacity and effectiveness of the Department to engage 

with covered non-Federal entities. 

(d) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and 

(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 

(2) COVERED NON-FEDERAL ENTITY.—The term ‘‘covered 

non-Federal entity’’ means an organization that— 

(A) is based in the United States; 

(B) has an independent board of directors and is subject 

to independent financial audits; 

(C) is substantially privately-funded; 

(D) is described in section 501(c)(3) of the Internal 

Revenue Code of 1986 and is exempt from taxation under 

section 501(a) of such Code; and 

(E) provides international assistance. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. Direct hire authority for the Department of Defense for certain competitive service positions. Sec. 1102. Modification of direct hire authority for the Department of Defense for 

post-secondary students and recent graduates. 


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Sec. 1103. Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclearpowered aircraft carrier forward deployed in Japan. 

Sec. 1104. One-year extension and expansion of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. 

Sec. 1105. Extension of authority to conduct telework travel expenses test programs. 

Sec. 1106. Personnel demonstration projects. 

Sec. 1107. Expanded flexibility in selecting candidates from referral lists. 

Sec. 1108. Expedited hiring authority for college graduates and post secondary students. 

Sec. 1109. Inapplicability of certification of executive qualifications by qualification 

review boards of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense. 

Sec. 1110. Engagement with Historically Black Colleges and Universities and minority-serving institutions for the purposes of technical workforce enhancement. 

Sec. 1111. Inclusion of Strategic Capabilities Office and Defense Innovation Unit 

Experimental of the Department of Defense in personnel management 

authority to attract experts in science and engineering. 

Sec. 1112. Enhancement of flexible management authorities for science and technology reinvention laboratories of the Department of Defense. 

Sec. 1113. Inclusion of Office of Secretary of Defense among components of the Department of Defense covered by direct hire authority for financial management experts. 

Sec. 1114. Alcohol testing of civil service mariners of the Military Sealift Command 

assigned to vessels. 

Sec. 1115. One-year extension of temporary authority to grant allowances, benefits, 

and gratuities to civilian personnel on official duty in a combat zone. 

SEC. 1101. DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF 

DEFENSE FOR CERTAIN COMPETITIVE SERVICE POSITIONS. 

(a) IN GENERAL.—Chapter 99 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘§ 9905. Direct hire authority for certain personnel of the 

Department of Defense 

‘‘(a) IN GENERAL.—The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other 

than sections 3303 and 3328 of such chapter), qualified candidates 

to any of the following positions in the competitive service in the 

Department of Defense: 

‘‘(1) Any position involved with Department maintenance 

activities, including depot-level maintenance and repair. 

‘‘(2) Any position involved with cybersecurity. 

‘‘(3) Any individual in the acquisition workforce that manages any services contracts necessary to the operation and 

maintenance of programs of the Department. 

‘‘(4) Any science, technology, or engineering position, 

including any such position at the Major Range and Test Facilities Base, in order to allow development of new systems and 

provide for the maintenance of legacy systems. 

‘‘(b) SUNSET.—Effective on September 30, 2025, the authority 

provided under subsection (a) shall expire.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 99 of such title is amended by inserting after 

the item relating to section 9904 the following new item: 

‘‘9905. Direct hire authority for certain personnel of the Department of Defense.’’. 

5 USC 9901 prec. 

5 USC 9905. 


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SEC. 1102. MODIFICATION OF DIRECT HIRE AUTHORITY FOR THE 

DEPARTMENT OF DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT GRADUATES. 

Section 1106 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328) is amended— 

(1) in subsection (b), by striking ‘‘15 percent’’ and inserting 

‘‘25 percent’’; and 

(2) in subsection (d), by striking ‘‘September 30, 2021’’ 

and inserting ‘‘September 30, 2025’’. 

SEC. 1103. EXTENSION OF OVERTIME RATE AUTHORITY FOR DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING WORK 

ABOARD OR DOCKSIDE IN SUPPORT OF THE NUCLEARPOWERED AIRCRAFT CARRIER FORWARD DEPLOYED IN 

JAPAN. 

Section 5542(a)(6)(B) of title 5, United States Code, is amended 

by striking ‘‘September 30, 2019’’ and inserting ‘‘September 30, 

2021’’. 

SEC. 1104. ONE-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO 

WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND 

AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN 

EMPLOYEES WORKING OVERSEAS. 

(a) IN GENERAL.—Section 1101(a) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4615), as most recently amended by section 

1105 of the National Defense Authorization Act for Fiscal Year 

2018 (Public Law 115–91), is amended by striking ‘‘through 2018’’ 

and inserting ‘‘through 2019’’. 

(b) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.—Section 

1101(b) of the Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615) is 

amended to read as follows: 

‘‘(b) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.—In 

applying section 5307 of title 5, United States Code, any payment 

in addition to basic pay for a period of time during which a waiver 

under subsection (a) is in effect shall not be counted as part of 

an employee’s aggregate compensation for the given calendar year.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 1105. EXTENSION OF AUTHORITY TO CONDUCT TELEWORK 

TRAVEL EXPENSES TEST PROGRAMS. 

(a) IN GENERAL.—Section 5711(g) of title 5, United States Code, 

is amended by striking ‘‘7 years after the date of the enactment 

of the Telework Enhancement Act of 2010’’ and inserting ‘‘on 

December 31, 2020’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as though enacted on December 1, 2017. 

SEC. 1106. PERSONNEL DEMONSTRATION PROJECTS. 

Section 4703 of title 5, United States Code, is amended— 

(1) in subsection (d), by striking paragraph (2) and inserting 

the following: 

‘‘(2)(A) Except as provided in subparagraph (B), not more 

than 10 active demonstration projects may be in effect at any 

time. 

5 USC 5711 note. 

10 USC 1580 

note prec. 


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‘‘(B) Any demonstration project authorized under this 

section that is active for a period greater than 10 years 

shall not count for purposes of applying the limitation 

in subparagraph (A).’’; and 

(2) by adding at the end the following: 

‘‘(j) Each agency at which a demonstration project authorized 

by this section is ongoing shall submit an annual report to the 

Office of Personnel Management, the Office and Management and 

Budget, the Committee on Homeland Security and Governmental 

Affairs of the United States Senate, and the Committee on Oversight and Government Reform of the United States House of Representatives that includes— 

‘‘(1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project; 

‘‘(2) an assessment of the results of the demonstration 

project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the 

results of the survey authorized under section 1128 of the 

National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 5 U.S.C. 7101 note), commonly referred to as 

the Federal Employee Viewpoint Survey, and performance 

management for employees; and 

‘‘(3) a comparison of the items listed in (1) and (2) with 

employees not covered by the demonstration project.’’. 

SEC. 1107. EXPANDED FLEXIBILITY IN SELECTING CANDIDATES FROM 

REFERRAL LISTS. 

(a) EXPANDED FLEXIBILITY.—Subchapter I of chapter 33 of title 

5, United States Code, is amended by striking sections 3317 and 

3318 and inserting the following: 

‘‘§ 3317. Competitive service; certification using numerical 

ratings 

‘‘(a) CERTIFICATION.— 

‘‘(1) IN GENERAL.—The Director of the Office of Personnel 

Management, or the head of an agency to which the Director 

has delegated examining authority under section 1104(a)(2), 

shall certify a sufficient number of names from the top of 

the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide 

a certificate with such names to an appointing authority that 

has requested a certificate of eligibles to consider when filling 

a job in the competitive service. 

‘‘(2) MINIMUM NUMBER OF NAMES CERTIFIED.—Unless otherwise provided for in regulations prescribed under subsection 

(c), the number of names certified under paragraph (1) shall 

be not less than three. 

‘‘(b) DISCONTINUANCE OF CERTIFICATION.—When an appointing 

authority, for reasons considered sufficient by the Director or head 

of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or 

head of any agency may discontinue certifying the preference 

eligible for appointment. The Director or the head of an agency 

shall provide to such preference eligible notice of the intent to 

discontinue certifying such preference eligible prior to the discontinuance of certification. 

5 USC 3317. 


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‘‘(c) REGULATIONS.—The Director shall prescribe regulations for 

the administration of this section. Such regulations shall include 

the establishment of mechanisms for identifying the eligibles who 

will be considered for each vacancy. Such mechanisms may include 

cut-off scores. 

‘‘(d) DEFINITION.—In this section, the term ‘Director’ means 

the Director of the Office of Personnel Management. 

‘‘§ 3318. Competitive service; selections using numerical 

ratings 

‘‘(a) IN GENERAL.—An appointing authority shall select for 

appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or 

more of the individuals certified is made to, and sustained by, 

the Director of the Office of Personnel Management or the head 

of an agency to which the Director has delegated examining 

authority under section 1104(a)(2), for proper and adequate reason 

under regulations prescribed by the Director. 

‘‘(b) OTHER APPOINTING AUTHORITIES.— 

‘‘(1) IN GENERAL.—During the 240-day period beginning 

on the date of issuance of a certificate of eligibles under section 

3317(a), an appointing authority other than the appointing 

authority requesting the certificate (in this subsection referred 

to as the ‘other appointing authority’) may select an individual 

from that certificate in accordance with this subsection for 

an appointment to a position that is— 

‘‘(A) in the same occupational series as the position 

for which the certification of eligibles was issued (in this 

subsection referred to as the ‘original position’); and 

‘‘(B) at a similar grade level as the original position. 

‘‘(2) APPLICABILITY.—An appointing authority requesting 

a certificate of eligibles may share the certificate with another 

appointing authority only if the announcement of the original 

position provided notice that the resulting list of eligible candidates may be used by another appointing authority. 

‘‘(3) REQUIREMENTS.—The selection of an individual under 

paragraph (1)— 

‘‘(A) shall be made in accordance with subsection (a); 

and 

‘‘(B) subject to paragraph (4), may be made without 

any additional posting under section 3327. 

‘‘(4) INTERNAL NOTICE.—Before selecting an individual 

under paragraph (1), the other appointing authority shall— 

‘‘(A) provide notice of the available position to 

employees of the other appointing authority; 

‘‘(B) provide up to 10 business days for employees 

of the other appointing authority to apply for the position; 

and 

‘‘(C) review the qualifications of employees submitting 

an application. 

‘‘(c) PASS OVER.— ‘‘(1) IN GENERAL.—Subject to subparagraph (2), if an 

appointing authority proposes to pass over a preference eligible 

certified for appointment under subsection (a) and select an 

individual who is not a preference eligible, the appointing 

authority shall file written reasons with the Director or the 

head of the agency for passing over the preference eligible. 

5 USC 3318. 


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The Director or the head of the agency shall make the reasons 

presented by the appointing authority part of the record of 

the preference eligible and may require the submission of more 

detailed information from the appointing authority in support 

of the passing over of the preference eligible. The Director 

or the head of the agency shall determine the sufficiency or 

insufficiency of the reasons submitted by the appointing 

authority, taking into account any response received from the 

preference eligible under paragraph (2). When the Director 

or the head of the agency has completed review of the proposed 

pass-over of the preference eligible, the Director or the head 

of the agency shall send its findings to the appointing authority 

and to the preference eligible. The appointing authority shall 

comply with the findings. 

‘‘(2) PREFERENCE ELIGIBLE INDIVIDUALS WHO HAVE A

COMPENSABLE SERVICE-CONNECTED DISABILITY.—In the case of 

a preference eligible described in section 2108(3)(C) who has 

a compensable service-connected disability of 30 percent or 

more, the appointing authority shall notify the Director under 

paragraph (1) and, at the same time, notify the preference 

eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to 

those reasons to the Director within 15 days of the date of 

the notification. The Director shall, before completing the 

review under paragraph (1), require a demonstration by the 

appointing authority that the notification was timely sent to 

the preference eligible’s last known address. 

‘‘(3) FURTHER CONSIDERATION NOT REQUIRED.—When a preference eligible, for reasons considered sufficient by the Director, 

or in the case of a preference eligible described in paragraph 

(1), by the head of an agency, has been passed over in accordance with this subsection for the same position, the appointing 

authority is not required to give further consideration to that 

preference eligible while selecting from the same list for a 

subsequent appointment to such position. 

‘‘(4) DELEGATION PROHIBITION.—In the case of a preference 

eligible described in paragraph (2), the functions of the Director 

under this subsection may not be delegated to an individual 

who is not an officer or employee of the Office of Personnel 

Management. 

‘‘(d) SPECIAL RULE REGARDING REEMPLOYMENT LISTS.—When 

the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may 

appoint from a register of eligibles established after examination 

only an individual who qualifies as a preference eligible under 

subparagraph (C), (D), (E), (F), or (G) of section 2108(3). 

‘‘(e) CONSIDERATION NOT REQUIRED.—In accordance with regulations prescribed by the Director, an appointing officer is not 

required to consider an eligible who has been considered by the 

appointing officer for three separate appointments from the same 

or different certificates for the same position. 

‘‘(f) REGULATIONS.—The Director shall prescribe regulations for 

the administration of this section. 

‘‘(d) DEFINITION.—In this section, the term ‘Director’ means 

the Director of the Office of Personnel Management.’’. 

(b) CONFORMING AMENDMENTS.—Such subchapter is further 

amended— 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2005 

(1) in section 3319— 

(A) by amending the section heading to read as follows: 

‘‘§ 3319. Competitive service; selection using category rating’’; 

and 

(B) in subsection (c), by striking paragraph (6), redesignating paragraph (7) as paragraph (6), and amending paragraph (6) (as so redesignated) to read as follows: 

‘‘(6) PREFERENCE ELIGIBLES.— 

‘‘(A) SATISFACTION OF CERTAIN REQUIREMENTS.—Notwithstanding paragraphs (1) and (2), an appointing official 

may not pass over a preference eligible in the same category 

from which selection is made, unless the requirements 

of sections 3317(b) and 3318(c), as applicable, are satisfied. 

‘‘(B) FURTHER CONSIDERATION NOT REQUIRED.—When 

a preference eligible, for reasons considered sufficient by 

the Director, or in the case of a preference eligible described 

in section 3318(c)(1), by the head of an agency, has been 

passed over in accordance with section 3318(c) for the 

same position, the appointing authority is not required 

to give further consideration to that preference eligible 

while selecting from the same list for a subsequent appointment to such position. 

‘‘(C) LIST OF ELIGIBLES ISSUED FROM A STANDING REGISTER; DISCONTINUATION OF CERTIFICATION.—In the case 

of lists of eligibles issued from a standing register, when 

an appointing authority, for reasons considered sufficient 

by the Director or the head of an agency, has three times 

considered and passed over a preference eligible who was 

certified from a register, certification of the preference 

eligible for appointment may be discontinued. However, 

the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations 

prescribed by the Director.’’; and 

(2) in the first sentence of section 3320, by striking ‘‘sections 

3308–3318’’ and inserting ‘‘sections 3308 through 3319’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking the items relating 

to sections 3317, 3318, and 3319 and inserting the following: 

‘‘3317. Competitive service; certification using numerical ratings 

‘‘3318. Competitive service; selection using numerical ratings 

‘‘3319. Competitive service; selection using category rating’’. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect on the date on which the Director of the 

Office of Personnel Management issues final regulations to 

implement sections 3317, 3318, and 3319 of title 5, United 

States Code, as amended or added by this section. 

(2) REGULATIONS REQUIRED.—The Director shall issue regulations under paragraph (1) not later than one year after the 

date of enactment of this section. 

SEC. 1108. EXPEDITED HIRING AUTHORITY FOR COLLEGE GRADUATES 

AND POST SECONDARY STUDENTS. 

(a) IN GENERAL.—Subchapter I of chapter 31 of title 5, United 

States Code, is amended by adding at the end the following: 

5 USC 3317 note. 

5 USC 3301 prec. 

5 USC 3320. 


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132 STAT. 2006 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘§ 3115. Expedited hiring authority for college graduates; 

competitive service 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) DIRECTOR.—The term ‘Director’ means the Director 

of the Office of Personnel Management. 

‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in 

section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a)). 

‘‘(b) APPOINTMENT.— ‘‘(1) IN GENERAL.—The head of an agency may appoint, 

without regard to any provision of sections 3309 through 3319 

and 3330, a qualified individual to a position in the competitive 

service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, 

or below. 

‘‘(2) RESTRICTIONS.—An appointment under paragraph (1) 

shall be made in accordance with regulations prescribed by 

the Director. 

‘‘(c) QUALIFICATIONS FOR APPOINTMENT.—The head of an agency 

may make an appointment under subsection (b) only if the individual being appointed— 

‘‘(1) has received a baccalaureate or graduate degree from 

an institution of higher education; 

‘‘(2) applies for the position— 

‘‘(A) not later than 2 years after the date on which 

the individual being appointed received the degree 

described in paragraph (1); or 

‘‘(B) in the case of an individual who has completed 

a period of not less than 4 years of obligated service in 

a uniformed service, not later than 2 years after the date 

of the discharge or release of the individual from that 

service; and 

‘‘(3) meets each minimum qualification standard prescribed 

by the Director for the position to which the individual is 

being appointed. 

‘‘(d) PUBLIC NOTICE AND ADVERTISING.— ‘‘(1) IN GENERAL.—The head of an agency making an 

appointment under subsection (b) shall publicly advertise positions under this section. 

‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the 

head of an agency shall— 

‘‘(A) adhere to merit system principles; 

‘‘(B) advertise positions in a manner that provides for 

diverse and qualified applicants; and 

‘‘(C) ensure potential applicants have appropriate 

information relevant to the positions available. 

‘‘(e) LIMITATION ON APPOINTMENTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the total number of employees that the head of an agency 

may appoint under this section during a fiscal year may not 

exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal 

year to a position in the competitive service classified in a 

professional or administrative occupational category, at the GS– 

11 level, or an equivalent level, or below, under a competitive 

examining procedure. 

5 USC 3115. 


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‘‘(2) EXCEPTIONS.—Under a regulation prescribed under 

subsection (f), the Director may establish a lower limit on 

the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on 

any factor the Director considers appropriate. 

‘‘(f) REGULATIONS.—Not later than 180 days after the date 

of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration 

of this section. 

‘‘(g) REPORTING.— 

‘‘(1) IN GENERAL.—Not later than September 30 of each 

of the first 3 fiscal years beginning after the date of enactment 

of this section, the head of an agency that makes an appointment under this section shall submit a report to— 

‘‘(A) Congress that assesses the impact of the use of 

the authority provided under this section during the fiscal 

year in which the report is submitted; and 

‘‘(B) the Director that contains data that the Director 

considers necessary for the Director to assess the impact 

and effectiveness of the authority described in subparagraph (A). 

‘‘(2) CONTENT.—The head of an agency shall include in 

each report under paragraph (1)— 

‘‘(A) the total number of individuals appointed by the 

agency under this section, as well as the number of such 

individuals who are— 

‘‘(i) minorities or members of other underrepresented groups; or 

‘‘(ii) veterans; 

‘‘(B) recruitment sources; 

‘‘(C) the total number of individuals appointed by the 

agency during the applicable fiscal year to a position in 

the competitive service classified in a professional or 

administrative occupational category at the GS–11 level, 

or an equivalent level, or below; and 

‘‘(D) any additional data specified by the Director. 

‘‘(h) SPECIAL PROVISION REGARDING THE DEPARTMENT OF

DEFENSE.— 

‘‘(1) AUTHORITY.—Nothing in this section shall preclude 

the Secretary of Defense from exercising any authority to 

appoint a recent graduate under section 1106 of the National 

Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 

note prec. 1580), or any applicable successor statute. 

‘‘(2) REGULATIONS.—Any regulations prescribed by the 

Director for the administration of this section shall not apply 

to the Department of Defense during the period ending on 

the date on which the appointment authority of the Secretary 

of Defense under section 1106 of the National Defense 

Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 

1580), or any applicable successor statute, terminates. 

‘‘§ 3116. Expedited hiring authority for post-secondary students; competitive service 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) DIRECTOR.—The term ‘Director’ means the Director 

of the Office of Personnel Management. 

5 USC 3116. 


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‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in 

section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a)). 

‘‘(3) STUDENT.—The term ‘student’ means an individual 

enrolled or accepted for enrollment in an institution of higher 

education who is pursuing a baccalaureate or graduate degree 

on at least a part-time basis as determined by the institution 

of higher education. 

‘‘(b) APPOINTMENT.— 

‘‘(1) IN GENERAL.—The head of an agency may make a 

time-limited appointment of a student, without regard to any 

provision of sections 3309 through 3319 and 3330, to a position 

in the competitive service at the GS–11 level, or an equivalent 

level, or below for which the student is qualified. 

‘‘(2) RESTRICTIONS.—An appointment under paragraph (1) 

shall be made in accordance with regulations prescribed by 

the Director. 

‘‘(c) PUBLIC NOTICE.— 

‘‘(1) IN GENERAL.—The head of an agency making an 

appointment under subsection (b) shall publicly advertise positions available under this section. 

‘‘(2) REQUIREMENTS.—In carrying out paragraph (1), the 

head of an agency shall— 

‘‘(A) adhere to merit system principles; 

‘‘(B) advertise positions in a manner that provides for 

diverse and qualified applicants; and 

‘‘(C) ensure potential applicants have appropriate 

information relevant to the positions available. 

‘‘(d) LIMITATION ON APPOINTMENTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the total number of students that the head of an agency may 

appoint under this section during a fiscal year may not exceed 

the number equal to 15 percent of the number of students 

that the agency head appointed during the previous fiscal year 

to a position in the competitive service at the GS–11 level, 

or an equivalent level, or below. 

‘‘(2) EXCEPTIONS.—Under a regulation prescribed under 

subsection (g), the Director may establish a lower limit on 

the number of students that may be appointed under paragraph 

(1) of this subsection during a fiscal year based on any factor 

the Director considers appropriate. 

‘‘(e) CONVERSION.—The head of an agency may, without regard 

to any provision of chapter 33 or any other provision of law relating 

to the examination, certification, and appointment of individuals 

in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the 

competitive service within the agency without further competition 

if the student— 

‘‘(1) has completed the course of study leading to the baccalaureate or graduate degree; 

‘‘(2) has completed not less than 640 hours of current 

continuous employment in an appointment under subsection 

(b); and 

‘‘(3) meets the qualification standards for the position to 

which the student will be converted. 


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‘‘(f) TERMINATION.—The head of an agency shall, without regard 

to any provision of chapter 35 or 75, terminate the appointment 

of a student appointed under subsection (b) upon completion of 

the designated academic course of study unless the student is 

selected for conversion under subsection (e). 

‘‘(g) REGULATIONS.—Not later than 180 days after the date 

of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration 

of this section. 

‘‘(h) REPORTING.— 

‘‘(1) IN GENERAL.—Not later than September 30 of each 

of the first 3 fiscal years beginning after the date of enactment 

of this section, the head of an agency that makes an appointment under this section shall submit a report to— 

‘‘(A) Congress that assesses the impact of the use of 

the authority provided under this section during the fiscal 

year in which the report is submitted; and 

‘‘(B) the Director that contains data that the Director 

considers necessary for the Director to assess the impact 

and effectiveness of the authority described in subparagraph (A). 

‘‘(2) CONTENT.—The head of an agency shall include in 

each report under paragraph (1)— 

‘‘(A) the total number of individuals appointed by the 

agency under this section, as well as the number of such 

individuals who are— 

‘‘(i) minorities or members of other underrepresented groups; or 

‘‘(ii) veterans; 

‘‘(B) recruitment sources; 

‘‘(C) the total number of individuals appointed by the 

agency during the applicable fiscal year to a position in 

the competitive service at the GS–11 level, or an equivalent 

level, or below; and 

‘‘(D) any additional data specified by the Director. 

‘‘(i) SPECIAL PROVISION REGARDING THE DEPARTMENT OF

DEFENSE.— 

‘‘(1) AUTHORITY.—Nothing in this section shall preclude 

the Secretary of Defense from exercising any authority to 

appoint a post-secondary student under section 1106 of the 

National Defense Authorization Act for Fiscal Year 2017 (10 

U.S.C. note prec. 1580), or any applicable successor statute. 

‘‘(2) REGULATIONS.—Any regulations prescribed by the 

Director for the administration of this section shall not apply 

to the Department of Defense during the period ending on 

the date on which the appointment authority of the Secretary 

of Defense under section 1106 of the National Defense 

Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 

1580), or any applicable successor statute, terminates.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections 

for subchapter I of chapter 31 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘3115. Expedited hiring authority for college graduates; competitive service 

‘‘3116. Expedited hiring authority for post-secondary students; competitive service’’. 

5 USC 3101 prec. 


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SEC. 1109. INAPPLICABILITY OF CERTIFICATION OF EXECUTIVE QUALIFICATIONS BY QUALIFICATION REVIEW BOARDS OF 

OFFICE OF PERSONNEL MANAGEMENT FOR INITIAL 

APPOINTMENTS TO SENIOR EXECUTIVE SERVICE POSITIONS IN DEPARTMENT OF DEFENSE. 

(a) TEMPORARY INAPPLICABILITY.—Notwithstanding section 

3393(c) of title 5, United States Code, or any regulations implementing that section, and subject to the provisions of this section, 

the Secretary of Defense may appoint individuals for service in 

the Senior Executive Service of the Department of Defense without 

such individuals being subject to the certification of executive qualifications by a qualification review board of the Office of Personnel 

Management in connection with such appointment otherwise 

required by that section. 

(b) QUALIFICATIONS OF INDIVIDUALS APPOINTED.—The Secretary 

shall ensure that individuals appointed under this section possess 

the necessary qualifications and experience for the position to which 

appointed. 

(c) LIMITATION.—The total number of appointments made under 

this section in any year may not exceed 50 appointments. 

(d) REPORTS.— 

(1) INITIAL REPORT.—Not later than one year after the 

date of the enactment of this Act, the Secretary shall submit 

to the committees of Congress and official specified in paragraph (3) a report on the number and type of appointments 

made under this section as of the date of the report, including— 

(A) a description of the qualifications of the individuals 

appointed; and 

(B) data on the time required to appoint the individuals. 

(2) FINAL REPORT.—Not later than two years after the 

date of the enactment of this Act, the Secretary shall submit 

to the committees of Congress and official specified in paragraph (3) a report on the use of the authority in this section. 

The report shall include the following: 

(A) The number and type of appointments made under 

this section during the one-year period ending on the date 

of the report. 

(B) Data on and an assessment whether appointments 

under the authority in this section reduced the time to 

hire when compared with the time to hire under the current 

review system of the Office of Personnel Management. 

(C) An assessment of the utility of the appointment 

authority and process under this section. 

(D) An assessment whether the appointments made 

under this section resulted in higher quality new executives 

for the Senior Executive Service of the Department when 

compared with the executives produced under the current 

review system of the Office of Personnel Management. 

(E) Any recommendation for the improvement of the 

selection and qualification process for the Senior Executive 

Service of the Department that the Secretary considers 

necessary in order to attract and hire highly qualified 

candidates for service in that Senior Executive Service. 

(3) COMMITTEES OF CONGRESS AND OFFICIAL.—The committees of Congress and official specified in this paragraph are— 

5 USC 3393 note. 


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(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs 

of the Senate; 

(B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House 

of Representatives; and 

(C) the Director of the Office of Personnel Management. 

(e) SUNSET.—Subsection (a) shall cease to be effective on the 

date that is two years after the date of the enactment of this 

Act. 

SEC. 1110. ENGAGEMENT WITH HISTORICALLY BLACK COLLEGES AND 

UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS 

FOR THE PURPOSES OF TECHNICAL WORKFORCE 

ENHANCEMENT. 

(a) REPORT.—The Secretary of Defense shall develop and submit 

a report to the congressional defense committees detailing activities 

to increase engagement with covered educational institutions (as 

that term is defined in section 2362(e) of title 10, United States 

Code) for the purpose of increasing the number of graduates of 

such institutions to accept positions in Department of Defense 

Science, Technology, Engineering, and Mathematics-related positions important to the national security functions of the Department. 

(b) DEVELOPMENT.—The report required under subsection (a) 

shall be developed jointly by the Under Secretary of Defense for 

Research and Engineering and the Under Secretary of Defense 

for Personnel and Readiness, in consultation with all appropriate 

officials in the Department and relevant interagency, academic, 

and private sector entities. 

(c) CONTENTS.—The report required under subsection (a) shall 

identify— 

(1) metrics to assess engagement with covered educational 

institution students, including scholarships, fellowships, internships and co-ops, and specific steps to improve performance 

relative to those metrics; 

(2) specific outreach activities to better engage covered 

educational institution students on Department of Defense 

Science, Technology, Engineering, and Mathematics employment opportunities; and 

(3) metrics on hiring of covered educational institution 

graduates in Science, Technology, Engineering, and Mathematics-related positions and plans to increase such hiring. 

(d) CONSIDERATIONS.—In developing the report required under 

subsection (a), the Secretary of Defense shall assess the use of 

the authorities provided under section 2358a of title 10, United 

States Code, in engagements with covered educational institutions. 

SEC. 1111. INCLUSION OF STRATEGIC CAPABILITIES OFFICE AND 

DEFENSE INNOVATION UNIT EXPERIMENTAL OF THE 

DEPARTMENT OF DEFENSE IN PERSONNEL MANAGEMENT 

AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND 

ENGINEERING. 

(a) IN GENERAL.—Subsection (a) of section 1599h of title 10, 

United States Code, is amended by adding at the end the following 

new paragraphs: 


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‘‘(4) STRATEGIC CAPABILITIES OFFICE.—The Director of the 

Strategic Capabilities Office may carry out a program of personnel management authority provided in subsection (b) in 

order to facilitate recruitment of eminent experts in science 

or engineering for the Office. 

‘‘(5) DIUX.—The Director of the Defense Innovation Unit 

Experimental may carry out a program of personnel management authority provided in subsection (b) in order to facilitate 

recruitment of eminent experts in science or engineering for 

the Unit.’’. 

(b) SCOPE OF APPOINTMENT AUTHORITY.—Subsection (b)(1) of 

such section is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

and 

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

‘‘(D) in the case of the Strategic Capabilities Office, 

appoint scientists and engineers to a total of not more 

than 5 scientific and engineering positions in the Office; 

and 

‘‘(E) in the case of the Defense Innovation Unit Experimental, appoint scientists and engineers to a total of not 

more than 5 scientific and engineering positions in the 

Unit;’’. 

(c) EXTENSION OF TERMS OF APPOINTMENT.—Subsection (c)(2) 

of such section is amended by striking ‘‘or the Office of Operational 

Test and Evaluation’’ and inserting ‘‘the Office of Operational Test 

and Evaluation, the Strategic Capabilities Office, or the Defense 

Innovation Unit Experimental’’. 

SEC. 1112. ENHANCEMENT OF FLEXIBLE MANAGEMENT AUTHORITIES 

FOR SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF THE DEPARTMENT OF DEFENSE. 

(a) ENHANCEMENT OF NONCOMPETITIVE CONVERSIONS OF

APPOINTMENTS OF STUDENTS ENROLLED IN SCIENTIFIC AND

ENGINEERING PROGRAMS.—Section 2358a(a)(4) of title 10, United 

States Code, is amended— 

(1) in the paragraph heading, by striking ‘‘TO PERMANENT APPOINTMENT’’ and inserting ‘‘OF APPOINTMENTS’’; 

and 

(2) by striking ‘‘to a permanent appointment’’ and inserting 

‘‘to another temporary appointment or to a term or permanent 

appointment’’. 

(b) ENHANCEMENT OF PILOT PROGRAM ON DYNAMIC SHAPING

OF WORKFORCE TECHNICAL SKILLS AND EXPERTISE.—Section 

1109(b)(1)(A) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1028; 10 U.S.C. 2358 

note) is amended by striking ‘‘to appoint’’ and all that follows 

and inserting ‘‘to make appointments as follows: 

‘‘(i) Appointment of qualified scientific and technical personnel who are not current Department of 

Defense civilian employees into any scientific or technical position in the laboratory for a period of more 

than one year but not more than six years. 

‘‘(ii) Appointment of qualified scientific and technical personnel who are Department civilian employees 

in term appointments into any scientific or technical 


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position in the laboratory for a period of more than 

one year but not more than six years.’’. 

SEC. 1113. INCLUSION OF OFFICE OF SECRETARY OF DEFENSE AMONG 

COMPONENTS OF THE DEPARTMENT OF DEFENSE COVERED BY DIRECT HIRE AUTHORITY FOR FINANCIAL 

MANAGEMENT EXPERTS. 

Section 1110(f) of the National Defense Authorization Act for 

Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended— 

(1) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; and 

(2) by inserting before paragraph (2) the following new 

paragraph (1): 

‘‘(1) The Office of the Secretary of Defense.’’. 

SEC. 1114. ALCOHOL TESTING OF CIVIL SERVICE MARINERS OF THE 

MILITARY SEALIFT COMMAND ASSIGNED TO VESSELS. 

(a) ALCOHOL TESTING.—Chapter 643 of title 10, United States 

Code, is amended by inserting after section 7479 the following 

new section: 

‘‘§ 7479a. Civil service mariners of military sealift command: 

alcohol testing 

‘‘The Secretary of the Navy may prescribe regulations establishing a program to conduct on-duty reasonable suspicion alcohol 

testing and post-accident alcohol testing of civil service mariners 

of the Military Sealift Command who are assigned to vessels.’’. 

(b) RELEASE OF ALCOHOL TEST RESULTS.— 

(1) IN GENERAL.—Section 7479 of such title is amended— 

(A) in the heading of subsection (a), by inserting ‘‘Or 

Alcohol’’ after ‘‘Drug’’; and 

(B) by inserting ‘‘or alcohol’’ after ‘‘drug’’ each place 

it appears. 

(2) HEADING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 7479. Civil service mariners of military sealift command: 

release of drug and alcohol test results to coast 

guard’’. 

(c) TABLE OF SECTIONS AMENDMENT.—The table of sections 

at the beginning of chapter 643 of such title is amended by striking 

the item relating to section 7479 and inserting the following new 

items: 

‘‘7479. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard 

‘‘7479a. Civil service mariners of Military Sealift Command: alcohol testing’’. 

SEC. 1115. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO 

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO 

CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT 

ZONE. 

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 

as added by section 1102 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4616) and most recently amended by section 1108 of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

10 USC 7471 

prec. 

10 USC 7479a. 


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132 STAT. 2014 PUBLIC LAW 115–232—AUG. 13, 2018 

Law 115–91), is further amended by striking ‘‘2019’’ and inserting 

‘‘2020’’. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification of authority to build the capacity of foreign security forces. 

Sec. 1202. Clarification of authority for use of advisors and trainers for training of 

personnel of foreign ministries with security missions under defense institution capacity building authorities. 

Sec. 1203. Increase in cost limitation and additional notification required for small 

scale construction related to security cooperation. 

Sec. 1204. Technical corrections relating to defense security cooperation statutory 

reorganization. 

Sec. 1205. Review and report on processes and procedures used to carry out section 

362 of title 10, United States Code. 

Sec. 1206. Report on the use of security cooperation authorities. 

Sec. 1207. Participation in and support of the Inter-American Defense College. 

Sec. 1208. Naval Small Craft Instruction and Technical Training School. 

Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship Program to include irregular warfare. 

Sec. 1210. Modification to Department of Defense State Partnership Program. 

Sec. 1211. Assessment, monitoring, and evaluation of security cooperation. 

Sec. 1212. Legal and policy review of advise, assist, and accompany missions. 

Sec. 1213. Extension and modification of authority to support border security operations of certain foreign countries. 

Sec. 1214. Framework for obtaining concurrence for participation in activities of regional centers for security studies. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1221. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Afghanistan. 

Sec. 1222. Extension and modification of reporting requirements for special immigrant visas for Afghan allies program. 

Sec. 1223. Afghanistan Security Forces Fund. 

Sec. 1224. Extension and modification of Commanders’ Emergency Response Program. 

Sec. 1225. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Subtitle C—Matters Relating to Syria, Iraq, and Iran 

Sec. 1231. Extension and modification of authority to provide assistance to the vetted Syrian opposition. 

Sec. 1232. Syrian war crimes accountability. 

Sec. 1233. Extension of authority to provide assistance to counter the Islamic State 

of Iraq and Syria. 

Sec. 1234. Limitation on assistance to the Government of Iraq. 

Sec. 1235. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1236. Modification of annual report on military power of Iran. 

Sec. 1237. Strategy to counter destabilizing activities of Iran. 

Subtitle D—Matters Relating to the Russian Federation 

Sec. 1241. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1242. Limitation on availability of funds relating to implementation of the 

Open Skies Treaty. 

Sec. 1243. Determination required regarding material breach of INF Treaty by the 

Russian Federation. 

Sec. 1244. Comprehensive response to the Russian Federation’s material breach of 

the INF Treaty. 

Sec. 1245. Report on implementation of the New START Treaty. 

Sec. 1246. Modification and extension of Ukraine Security Assistance Initiative. 

Sec. 1247. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2015 

Sec. 1248. Sense of Congress on enhancing deterrence against Russian aggression 

in Europe. 

Subtitle E—Matters Relating to the Indo-Pacific Region 

Sec. 1251. Name of United States Indo-Pacific Command. 

Sec. 1252. Redesignation, expansion, and extension of Southeast Asia Maritime Security Initiative. 

Sec. 1253. Redesignation and modification of sense of Congress and initiative for 

the Indo-Asia-Pacific region. 

Sec. 1254. Assessment of and report on geopolitical conditions in the Indo-Pacific 

region. 

Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-Pacific region. 

Sec. 1256. Reinstatement of reporting requirements with respect to United StatesHong Kong relations. 

Sec. 1257. Strengthening Taiwan’s force readiness. 

Sec. 1258. Sense of Congress on Taiwan. 

Sec. 1259. Prohibition on participation of the People’s Republic of China in Rim of 

the Pacific (RIMPAC) naval exercises. 

Sec. 1260. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1261. United States strategy on China. 

Sec. 1262. Report on military and coercive activities of the People’s Republic of 

China in South China Sea. 

Sec. 1263. Requirement for critical languages and expertise in Chinese, Korean, 

Russian, Farsi, and Arabic. 

Sec. 1264. Limitation on use of funds to reduce the total number of members of the 

Armed Forces serving on active duty who are deployed to the Republic 

of Korea. 

Sec. 1265. Reports on nuclear capabilities of the Democratic People’s Republic of 

Korea. 

Sec. 1266. Modification of report required under enhancing defense and security cooperation with India. 

Subtitle F—Reports and Other Matters 

Sec. 1271. Modification of authorities relating to acquisition and cross-servicing 

agreements. 

Sec. 1272. United States-Israel countering unmanned aerial systems cooperation. 

Sec. 1273. Enhancement of U.S.-Israel defense cooperation. 

Sec. 1274. Review to determine whether the Armed Forces or coalition partners of 

the United States violated Federal law or Department of Defense policy 

while conducting operations in Yemen. 

Sec. 1275. Report on United States Government security cooperation and assistance programs with Mexico. 

Sec. 1276. Report on Department of Defense missions, operations, and activities in 

Niger. 

Sec. 1277. Report on the security relationship between the United States and the 

Republic of Cyprus. 

Sec. 1278. Sense of Congress on detention of United States citizens by the Government of the Republic of Turkey. 

Sec. 1279. Technical amendments related to NATO Support and Procurement Organization and related NATO agreements. 

Sec. 1280. Report on permanent stationing of United States forces in the Republic 

of Poland. 

Sec. 1281. Report on strengthening NATO cyber defense. 

Sec. 1282. Report on status of the United States relationship with the Republic of 

Turkey. 

Sec. 1283. Sense of the Congress concerning military-to-military dialogues. 

Sec. 1284. Modifications to Global Engagement Center. 

Sec. 1285. Sense of Congress on countering hybrid threats and malign influence. 

Sec. 1286. Initiative to support protection of national security academic researchers 

from undue influence and other security threats. 

Sec. 1287. Report on Honduras, Guatemala, and El Salvador. 

Sec. 1288. Modification of freedom of navigation reporting requirements. 

Sec. 1289. Coordination of efforts to negotiate free trade agreements with certain 

sub-Saharan African countries. 

Sec. 1290. Certifications regarding actions by Saudi Arabia and the United Arab 

Emirates in Yemen. 

Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army 

under Immigration and Nationality Act. 

Sec. 1292. Limitation on availability of funds to implement the Arms Trade Treaty. 


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132 STAT. 2016 PUBLIC LAW 115–232—AUG. 13, 2018 

Sec. 1293. Prohibition on provision of weapons and other forms of support to certain organizations. Sec. 1294. Modified waiver authority for certain sanctionable transactions under 

section 231 of the Countering America’s Adversaries Through Sanctions 

Act. 

Sec. 1295. Rule of construction relating to the use of force. 

Subtitle A—Assistance and Training 

SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD THE CAPACITY 

OF FOREIGN SECURITY FORCES. 

Section 333(b)(2) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘In developing 

and planning a program to build the capacity of the national security forces of a foreign country under subsection (a), the Secretary 

of Defense and Secretary of State should jointly consider political, 

social, economic, diplomatic, and historical factors, if any, of the 

foreign country that may impact the effectiveness of the program.’’. 

SEC. 1202. CLARIFICATION OF AUTHORITY FOR USE OF ADVISORS AND 

TRAINERS FOR TRAINING OF PERSONNEL OF FOREIGN 

MINISTRIES WITH SECURITY MISSIONS UNDER DEFENSE 

INSTITUTION CAPACITY BUILDING AUTHORITIES. 

Section 332(b) of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘assign civilian employees 

of the Department of Defense and members of the armed forces 

as advisors or trainers’’ and inserting ‘‘provide advisors or 

trainers’’; and 

(2) in paragraph (2)(B)— 

(A) by striking ‘‘assigned’’ each place it appears (other 

than the last place) and inserting ‘‘provided’’; 

(B) by striking ‘‘assigned advisor or trainer’’ and 

inserting ‘‘advisor or trainer so provided’’; and 

(C) by striking ‘‘each assignment’’ and inserting ‘‘each 

provision of such an advisor or trainer’’. 

SEC. 1203. INCREASE IN COST LIMITATION AND ADDITIONAL NOTIFICATION REQUIRED FOR SMALL SCALE CONSTRUCTION 

RELATED TO SECURITY COOPERATION. 

(a) AMENDMENTS TO DEFINITION OF SMALL-SCALE CONSTRUCTION.—Section 301(8) of title 10, United States Code, is amended 

by striking ‘‘$750,000’’ and inserting ‘‘$1,500,000’’. 

(b) ADDITIONAL NOTIFICATION REQUIRED FOR CERTAIN AUTHORIZED SUPPORT TYPES.—Section 331(c)(5) of such title is amended 

by adding at the end the following new sentence: ‘‘In the case 

of support provided under this paragraph that results in the provision of small-scale construction above $750,000, the notification 

pursuant to subsection (b)(2) shall include the location, project 

title, and cost of each such small-scale construction project that 

will be carried out, a Department of Defense Form 1391 for each 

such project, and a masterplan of planned infrastructure investments at the location.’’ 

(c) ADDITIONAL NOTIFICATION REQUIRED FOR CERTAIN AUTHORIZED ACTIVITIES TO BUILD CAPACITY.—Section 333 of such title 

is amended— 

(1) in subsection (c)(1), by inserting ‘‘supporting security 

cooperation programs under this section’’ after ‘‘small-scale 

construction’’; and 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2017 

(2) in subsection (e), by adding at the end the following: 

‘‘(8) In the case of activities under a program that results 

in the provision of small-scale construction above $750,000, 

the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense 

Form 1391 for each such project, and a masterplan of planned 

infrastructure investments at the location over the next 5 

years.’’. 

SEC. 1204. TECHNICAL CORRECTIONS RELATING TO DEFENSE SECURITY COOPERATION STATUTORY REORGANIZATION. 

(a) CHAPTER REFERENCES.—The following provisions of law are 

amended by striking ‘‘chapter 15’’ and inserting ‘‘chapter 13’’: 

(1) Section 886(a)(5) of the Homeland Security Act of 2002 

(6 U.S.C. 466(a)(5)). 

(2) Section 332(a)(1) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1982(a)(1)). 

(3) Section 101(a)(13)(B) of title 10, United States Code. 

(4) Section 115(i)(6) of title 10, United States Code. 

(5) Section 12304(c)(1) of title 10, United States Code. 

(6) Section 484C(c)(3)(C)(v) of the Higher Education Act 

of 1965 (20 U.S.C. 1091c(c)(3)(C)(v)). 

(b) SECTION REFERENCES.—(1) Title 10, United States Code, 

is amended— 

(A) in section 386(c)(1), by striking ‘‘Sections 311, 321, 

331, 332, 333,’’ and inserting ‘‘Sections 246, 251, 252, 253, 

321,’’; and 

(B) in section 10541(b)(9) in the matter preceding subparagraph (A), by striking ‘‘sections 331, 332, 333,’’ and inserting 

‘‘sections 251, 252, 253,’’. 

(2) Section 484C(c)(3)(C)(i) of the Higher Education Act of 1965 

(20 U.S.C. 1091c(c)(3)(C)(i)) is amended by striking ‘‘section 331, 

332,’’ and inserting ‘‘section 251, 252,’’. 

(c) OTHER TECHNICAL CORRECTIONS.—(1) Chapter 16 of title 

10, United States Code, is amended— 

(A) in section 311(a)(3), by striking ‘‘Secretary to State’’ 

and inserting ‘‘Secretary of State’’; 

(B) in section 321(e), by striking ‘‘calender’’ each place 

it appears and inserting ‘‘calendar’’; 

(C) in the table of sections at the beginning of subchapter 

V of such chapter, by striking the item relating to section 

342 and inserting the following: 

‘‘342. Regional Centers for Security Studies.’’; 

(D) in section 347— 

(i) in the heading of subsection (a)(7), by striking ‘‘ETC.’’ 

and inserting ‘‘ETC’’; and 

(ii) in the heading of subsection (b)(3)(B), by striking 

‘‘ETC.’’ and inserting ‘‘ETC’’; and 

(E) in section 385(d)(1)(B), by striking ‘‘include’’ and 

inserting ‘‘including’’. 

(2) Section 1204(b) of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 10 U.S.C. 362 note) is amended— 

(A) in paragraph (1), by striking ‘‘section 2249e’’ each place 

it appears and inserting ‘‘section 362’’; and 

10 USC 341 prec. 


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132 STAT. 2018 PUBLIC LAW 115–232—AUG. 13, 2018 

(B) in paragraph (3), by striking ‘‘subsection (f) of section 

2249e of title 10, United States Code (as so added)’’ and 

inserting ‘‘section 301(1) of title 10, United States Code’’. 

SEC. 1205. REVIEW AND REPORT ON PROCESSES AND PROCEDURES 

USED TO CARRY OUT SECTION 362 OF TITLE 10, UNITED 

STATES CODE. 

(a) REVIEW.—The Secretary of Defense, with the concurrence 

of the Secretary of State, shall conduct a review of the processes 

and procedures used to carry out section 362 of title 10, United 

States Code. 

(b) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, with 

the concurrence of the Secretary of State, shall submit to the 

appropriate congressional committees a report that contains 

a summary and evaluation of the review required by subsection 

(a). 

(2) MATTERS TO BE INCLUDED.—The report required by 

this subsection shall include the following: 

(A) A description of the procedures used to obtain 

and verify information regarding the vetting of partner 

units for gross violation of human rights required under 

section 362 of title 10, United States Code, and to share 

such information with the Department of State. 

(B) A description of the procedures used to conduct 

remediation of units determined or alleged to have committed gross violation of human rights, including a list 

of each unit completing such remediation since December 

19, 2014. 

(C) An assessment of the procedures and associated 

timelines to implement the requirements of such section 

362 on the Department of Defense’s ability to comply with 

such section 362 and achieve national security goals. 

(D) A description of the processes and procedures used 

to implement section 1206 of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3538), 

including the process of obtaining the concurrence of the 

Secretary of State as required under subsection (c)(1) of 

such section. 

(E) Recommendations to revise authorities to improve 

the processes and procedures related to the vetting of foreign partner units for gross violations of human rights. 

(F) Any other matters the Secretary considers appropriate. 

(3) FORM.—The report required by this subsection shall 

be submitted in unclassified form but may include a classified 

annex. 

(4) DEFINITION.—In this subsection, the term ‘‘appropriate 

congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(c) AMENDMENT TO EXISTING LAW.—Subsection (b)(3) of section 

1206 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

10 USC 333 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2019 

Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 

291; 10 U.S.C. 2282 note) is amended by striking ‘‘subsection (b) 

of section 2249e of title 10, United States Code (as added by 

section 1204(a) of this Act)’’ and inserting ‘‘section 362(b) of title 

10, United States Code’’. 

SEC. 1206. REPORT ON THE USE OF SECURITY COOPERATION 

AUTHORITIES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should utilize appropriate security cooperation authorities to counter malign influence campaigns by strategic 

competitors and other state actors that are directed at allied and 

partner countries and that pose a significant threat to the national 

security of the United States. 

(b) REPORT ON FUNDING.—The Secretary of Defense shall 

include with the consolidated budget materials submitted to Congress as required by section 381 of title 10, United States Code, 

for fiscal years 2020 and 2021 a report on the use of security 

cooperation funding to counter malign influence campaigns by strategic competitors and other state actors directed at allied and 

partner countries and posing a significant threat to the national 

security of the United States. 

SEC. 1207. PARTICIPATION IN AND SUPPORT OF THE INTER-AMERICAN 

DEFENSE COLLEGE. 

(a) IN GENERAL.—Subchapter V of chapter 16 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 351. Inter-American Defense College 

‘‘(a) AUTHORITY TO SUPPORT.—The Secretary of Defense may 

authorize members of the armed forces and civilian personnel of 

the Department of Defense to participate in the operation of and 

the provision of support to the Inter-American Defense College 

and provide logistic support, supplies, and services to the InterAmerican Defense College, including the use of Department of 

Defense facilities and equipment, as the Secretary considers necessary to— 

‘‘(1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials 

from member states of the Organization of American States 

advanced academic courses on matters related to military and 

defense issues, the inter-American system, and related disciplines; and 

‘‘(2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and 

credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the 

promotion of security cooperation, human rights, humanitarian 

assistance and disaster response, peacekeeping, and democracy 

in the Western Hemisphere. 

‘‘(b) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary of 

Defense, with the concurrence of the Secretary of State, shall enter 

into a memorandum of understanding with the Inter-American 

Defense Board for the participation of members of the armed forces 

and civilian personnel of the Department of Defense in the operation 

of and provision of host nation support to the Inter-American 

Defense College under subsection (a). 

10 USC 351. 


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‘‘(2) If Department of Defense facilities, equipment, or funds 

will be used to support the Inter-American Defense College 

under subsection (a), a memorandum of understanding entered 

into under paragraph (1) shall include a description of any 

cost-sharing arrangement or other funding arrangement 

relating to the use of such facilities, equipment, or funds. 

‘‘(3) A memorandum of understanding entered into under 

paragraph (1) shall also include a curriculum and a plan for 

academic program development. 

‘‘(c) USE OF FUNDS.—(1) Funds appropriated to the Department 

of Defense for operation and maintenance may be used to pay 

costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of 

the Department of Defense in the operation of and provision of 

host nation support to the Inter-American Defense College, 

including— 

‘‘(A) the costs of expenses of such participants; 

‘‘(B) the cost of hiring and retaining qualified professors, instructors, and lecturers; 

‘‘(C) curriculum support costs, including administrative 

costs, academic outreach, and curriculum support personnel; 

‘‘(D) the cost of translation and interpretation services; 

‘‘(E) the cost of information and educational technology; 

‘‘(F) the cost of utilities; and 

‘‘(G) the cost of maintenance and repair of facilities. 

‘‘(2) No funds may be used under this section to provide 

for the pay of members of the armed forces or civilian personnel 

of the Department of Defense who participate in the operation 

of and the provision of host nation support to the Inter-American Defense College under this section. 

‘‘(3) Funds available to carry out this section for a fiscal 

year may be used for activities that begin in such fiscal year 

and end in the next fiscal year. 

‘‘(d) WAIVER OF REIMBURSEMENT.—The Secretary of Defense 

may waive reimbursement for developing countries (as such term 

is defined in section 301 of this title) of the costs of funding and 

other host nation support provided to the Inter-American Defense 

College under this section if the Secretary determines that the 

provision of such funding or support without reimbursement is 

in the national security interest of the United States. 

‘‘(e) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES DEFINED.— 

In this section, the term ‘logistic support, supplies, and services’ 

has the meaning given that term in section 2350 of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by 

adding at the end the following new item: 

‘‘Sec. 351. Inter-American Defense College.’’. 

SEC. 1208. NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL 

TRAINING SCHOOL. 

(a) SCHOOL AUTHORIZED.— 

(1) IN GENERAL.—Subchapter V of chapter 16 of title 10, 

United States Code, as amended by section 1207, is further 

amended by adding at the end the following new section: 

10 USC 341 prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2021 

‘‘§ 352. Naval Small Craft Instruction and Technical Training 

School 

‘‘(a) IN GENERAL.—The Secretary of Defense may operate an 

education and training facility known as the ‘Naval Small Craft 

Instruction and Technical Training School’ (in this section referred 

to as the ‘School’). 

‘‘(b) DESIGNATION OF EXECUTIVE AGENT.—The Secretary of 

Defense shall designate the Secretary of a military department 

as the Department of Defense executive agent for carrying out 

the responsibilities of the Secretary of Defense under this section. 

‘‘(c) PURPOSE.—The purpose of the School shall be to provide 

to the military and other security forces of one or more friendly 

foreign countries education and training under any other provision 

of law related to naval small craft instruction and training and 

to increase professionalism, readiness, and respect for human rights 

through formal courses of instruction or mobile training teams 

for— 

‘‘(1) the operation, employment, maintenance, and logistics 

of specialized equipment; 

‘‘(2) participation in— 

‘‘(A) joint exercises; or 

‘‘(B) coalition or international military operations; and 

‘‘(3) improved interoperability between— 

‘‘(A) the armed forces; and 

‘‘(B) the military and other security forces of the one 

or more friendly foreign countries. 

‘‘(d) LIMITATION ON PERSONNEL ELIGIBLE TO RECEIVE EDU- CATION AND TRAINING.—The Secretary of Defense may not provide 

education or training at the School to any personnel of a country 

that is prohibited from receiving such education or training under 

any other provision of law. 

‘‘(e) FIXED COSTS.—The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts 

made available for such fiscal year for operation and maintenance 

of the Department of Defense. 

‘‘(f) ANNUAL REPORT.—Not later than March 15 each year, 

the Secretary of Defense, with the concurrence of the Secretary 

of State, shall submit to the appropriate congressional committees 

a detailed report on the activities and operating costs of the School 

during the preceding fiscal year.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter V of chapter 16 of such title is amended 

by adding at the end the following new item: 

‘‘352. Naval Small Craft Instruction and Technical Training School.’’. 

(b) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report that sets forth 

the following: 

(1) The budget requirements for the operation and 

sustainment of the Naval Small Craft Instruction and Technical 

Training School authorized by section 352 of title 10, United 

States Code (as added by subsection (a)), during the period 

of the future-years defense program submitted to Congress 

in fiscal year 2019, including— 

(A) a description of the budget requirements relating 

to the School for— 

10 USC 341 prec. 

10 USC 352. 


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(i) Major Force Program–2; and 

(ii) Major Force Program–11; and 

(B) an identification of any other source of funding 

for the School. 

(2) The anticipated requirements for facilities for the 

School. 

(3) An identification of the Secretary of a military department designated by the Secretary of Defense as executive agent 

for the School under subsection (b) of such section. 

(4) The anticipated military construction and facilities renovation requirements for the School during such period. 

(5) Any other matter relating to the School that the Secretary of Defense considers appropriate. 

(c) LIMITATION ON USE OF FUNDS.— (1) IN GENERAL.—Nothing in section 352 of title 10, United 

States Code (as so added), may be construed as authorizing 

the use of funds appropriated for the Department of Defense 

for any purpose described in paragraph (2) unless specifically 

authorized by an Act of Congress other than that section or 

this Act. 

(2) PURPOSES.—The purposes described in this paragraph 

are the following: 

(A) The operation of a facility other than the Naval 

Small Craft Instruction and Technical Training School that 

is in operation as of the date of the enactment of this 

Act for the provision of education and training authorized 

to be provided by the School. 

(B) The construction or expansion of any facility of 

the School. 

SEC. 1209. EXPANSION OF REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM TO INCLUDE IRREGULAR WARFARE. 

(a) IN GENERAL.—Section 345 of title 10, United States Code, 

is amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; 

(2) by striking subsection (a) and inserting the following 

new subsections (a) and (b): 

‘‘(a) PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—The Secretary of Defense may carry 

out a program under which the Secretary may pay any costs 

associated with the education and training of foreign military 

officers, ministry of defense officials, or security officials at 

military or civilian educational institutions, regional centers, 

conferences, seminars, or other training programs conducted 

for purposes of regional defense in connection with either of 

the following: 

‘‘(A) Combating terrorism. 

‘‘(B) Irregular warfare. 

‘‘(2) COVERED COSTS.—Costs for which payment may be 

made under this section include the costs of transportation 

and travel and subsistence costs. 

‘‘(3) DESIGNATION.—The program authorized by this section 

shall be known as the ‘Regional Defense Combating Terrorism 

and Irregular Warfare Fellowship Program’. 

‘‘(b) REGULATIONS.— 

10 USC 352 note. 


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‘‘(1) IN GENERAL.—The program authorized by subsection 

(a) shall be carried out under regulations prescribed by the 

Secretary of Defense and the Secretary of State. 

‘‘(2) ELEMENTS.—The regulations shall ensure that— 

‘‘(A) the Secretary of Defense and the Secretary of 

State— 

‘‘(i) jointly develop and plan activities under the 

program that— 

‘‘(I) advance United States security cooperation 

objectives; and 

‘‘(II) support theater security cooperation planning of the combatant commands; and 

‘‘(ii) coordinate on the implementation of activities 

under the program; 

‘‘(B) each of the Secretary of Defense and the Secretary 

of State designates an individual at the lowest appropriate 

level of the Department of Defense or the Department 

of State, as applicable, who shall be responsible for program 

coordination; and 

‘‘(C) to the extent practicable, activities under the program are appropriately coordinated with, and do not duplicate or conflict with, activities under International Military 

Education and Training (IMET) authorities. 

‘‘(3) SUBMITTAL TO CONGRESS.—Upon any update of the 

regulations, the Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and the House 

of Representatives a copy of the regulations as so updated, 

together with a description of the update.’’; and 

(3) in paragraph (3) of subsection (d), as redesignated by 

paragraph (1) of this subsection, by striking ‘‘in the global 

war on terrorism’’. 

(b) CONFORMING AMENDMENTS.— 

(1) HEADING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 345. Regional Defense Combating Terrorism and Irregular 

Warfare Fellowship Program’’. 

(2) TABLE OF SECTIONS AMENDMENT.—The table of sections 

at the beginning of subchapter V of chapter 16 of such title 

is amended by striking the item relating to section 345 and 

inserting the following new item: 

‘‘345. Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program.’’. 

SEC. 1210. MODIFICATION TO DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM. 

Section 341(b)(2) of title 10, United States Code, is amended 

by inserting ‘‘assistance’’ after ‘‘any’’. 

SEC. 1211. ASSESSMENT, MONITORING, AND EVALUATION OF SECURITY 

COOPERATION. 

(a) ASSESSMENT, MONITORING, AND EVALUATION OF SECURITY

COOPERATION ACTIVITIES.—Of the amount for Operations and 

Maintenance, Defense-wide made available to the Defense Security 

Cooperation Agency for fiscal year 2019, it is the goal that 

$12,000,000, but in no event less than $6,000,000, shall be allocated 

10 USC 341 prec. 


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132 STAT. 2024 PUBLIC LAW 115–232—AUG. 13, 2018 

for the assessment, monitoring, and evaluation of security cooperation activities in accordance with section 383 of title 10, United 

States Code. 

(b) LIMITATION ON USE OF FUNDS.—Of the amount for Operation and Maintenance, Defense-wide made available to the Department of Defense for fiscal year 2019 for activities under section 

333 of title 10, United States Code, not more than 50 percent 

may be expended until the Secretary submits to the appropriate 

congressional committees (as such term is defined in section 301(1) 

of title 10, United States Code) a written plan for the expenditure 

of the amount allocated under subsection (a), including— 

(1) a description of the activities planned for fiscal year 

2019 for the evaluation of security cooperation programs across 

the security cooperation enterprise, including through chapter 

16 of title 10, United States Code, the Afghanistan Security 

Forces Fund, the Counter-ISIL Fund, the cooperative threat 

reduction program, and other security cooperation authorities 

as appropriate; and 

(2) a description of the activities planned for fiscal year 

2019 for the training, support, and organization of the Department to effectively carry out responsibilities under section 383 

of title 10, United States Code. 

(c) MODIFICATION OF ASSESSMENT, MONITORING, AND EVALUATION OF PROGRAMS AND ACTIVITIES.—Section 383(b)(1) of title 10, 

United States Code, is amended by adding at the end the following: 

‘‘(E) Incorporation of lessons learned from prior security 

cooperation programs and activities of the Department of 

Defense that were carried out any time on or after September 11, 2001.’’. 

SEC. 1212. LEGAL AND POLICY REVIEW OF ADVISE, ASSIST, AND 

ACCOMPANY MISSIONS. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Under Secretary of Defense for 

Policy, in coordination with the General Counsel of the Department 

of Defense and the commanders of appropriate combatant commands, shall— 

(1) conduct a review of the legal and policy frameworks 

associated with advise, assist, and accompany missions by 

United States military personnel; and 

(2) submit to the Secretary of Defense a report on the 

results of such review. 

(b) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

the date on which the Secretary receives the report required by 

subsection (a)(2), the Secretary shall submit to the congressional 

defense committees the report together with any comments by 

the Secretary that amplify or clarify the report. 

(c) ELEMENTS.—The report and review required by subsection 

(a) shall include the following: 

(1) An analysis of the risks and benefits of United States 

military personnel conducting advise, assist, and accompany 

missions with foreign partner forces, and an assessment of 

the relation of such risks and benefits to United States security 

objectives. 

(2) A review of applicable execute orders and theater and 

functional campaign plans in order to ensure that such orders 

and plans comply with United States law for the employment 


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of United States military personnel and capabilities to advise, 

assist, and accompany foreign partner forces. 

(3) An explanation of the fiscal and operational authorities 

applicable to advise, assist, and accompany missions, including 

a differentiation between— 

(A) advise, assist, and accompany missions conducted 

by United States military personnel under an execute order 

with partner forces; and 

(B) accompany missions conducted by United States 

military personnel with foreign partner forces also affiliated 

with a program authorized by section 127e or 333 of title 

10, United States Code. 

(4) An explanation of the domestic and international legal 

bases for the use of United States military personnel to provide 

collective self-defense in support of designated foreign partner 

forces inside and outside areas of active hostilities, and a 

description of any legal or policy limitation on the provision 

of collective self-defense in support of such designated foreign 

partner forces. 

(5) An assessment whether the legal and policy frameworks 

applicable to advise, assist, and accompany missions by United 

States military personnel are adequately communicated to and 

understood at all levels of operational command. 

(6) An assessment whether approvals and permissions 

related to advise, assist, and accompany missions are made 

at the appropriate level of command. 

(7) A definition, and policy guidance, for the appropriate 

use in execute orders and military doctrine of each of the 

following: 

(A) Advise. 

(B) Assist. 

(C) Accompany. 

(D) Self-defense. 

(E) Collective self-defense. 

(F) Combined operations. 

(G) Partnered operations. 

(H) Last point of cover and conceal. 

(8) Any other matters the Under Secretary or the Secretary 

considers appropriate. 

(d) FORM.—The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES. 

(a) EXPANSION OF AUTHORITY.—Paragraph (1) of subsection 

(a) of section 1226 of the National Defense Authorization Act for 

Fiscal Year 2016 (22 U.S.C. 2151 note) is amended to read as 

follows: 

‘‘(1) IN GENERAL.—The Secretary of Defense, with the 

concurrence of the Secretary of State, is authorized to provide 

support on a reimbursement basis as follows: 

‘‘(A) To the Government of Jordan for purposes of 

supporting and enhancing efforts of the armed forces of 

Jordan to increase security and sustain increased security 

along the border of Jordan with Syria and Iraq. 


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‘‘(B) To the Government of Lebanon for purposes of 

supporting and enhancing efforts of the armed forces of 

Lebanon to increase security and sustain increased security 

along the border of Lebanon with Syria. 

‘‘(C) To the Government of Egypt for purposes of supporting and enhancing efforts of the armed forces of Egypt 

to increase security and sustain increased security along 

the border of Egypt with Libya. 

‘‘(D) To the Government of Tunisia for purposes of 

supporting and enhancing efforts of the armed forces of 

Tunisia to increase security and sustain increased security 

along the border of Tunisia with Libya. 

‘‘(E) To the Government of Oman for purposes of supporting and enhancing efforts of the armed forces of Oman 

to increase security and sustain increased security along 

the border of Oman with Yemen. 

‘‘(F) To the Government of Pakistan for purposes of 

supporting and enhancing efforts of the armed forces of 

Pakistan to increase security and sustain increased security 

along the border of Pakistan with Afghanistan.’’. 

(b) CERTIFICATION.—Subsection (d) of such section is amended 

to read as follows: 

‘‘(d) NOTICE AND CERTIFICATION BEFORE EXERCISE.—Not later 

than 15 days before providing support under the authority of subsection (a) to a country that has not previously received such 

support, the Secretary of Defense, in consultation with the Secretary 

of State, shall submit to the specified congressional committees 

a report that— 

‘‘(1) sets forth a full description of the support to be provided, including— 

‘‘(A) the purpose of such support; 

‘‘(B) the amount of support to be provided; and 

‘‘(C) the anticipated duration of the provision of such 

support; and 

‘‘(2) includes a certification that— 

‘‘(A) the recipient country has taken demonstrable 

steps to increase security along the border specified for 

such country in subsection (a); and 

‘‘(B) the provision of such support is in the interest 

of United States national security.’’. 

(c) LIMITATION ON REIMBURSEMENT OF PAKISTAN.—Such section 

is further amended— 

(1) by redesignating subsections (e) and (f) as subsections 

(g) and (h), respectively; and 

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

‘‘(e) LIMITATION ON REIMBURSEMENT OF PAKISTAN PENDING

CERTIFICATION.—No amount of reimbursement support under subsection (a)(1)(F) is authorized to be disbursed to the Government 

of Pakistan unless the Secretary of Defense certifies to the congressional defense committees that the following conditions are met: 

‘‘(1) The military and security operations of Pakistan pertaining to border security and ancillary activities for which 

reimbursement is sought have been coordinated with United 

States military representatives in advance of the execution 

of such operations and activities. 


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‘‘(2) The goals and desired outcomes of each such operation 

or activity have been established and agreed upon in advance 

by the United States and Pakistan. 

‘‘(3) A process exists to verify the achievement of the goals 

and desired outcomes established in accordance with paragraph 

(2). 

‘‘(4) The Government of Pakistan is making an effort to 

actively coordinate with the Government of Afghanistan on 

issues relating to border security on the Afghanistan-Pakistan 

border.’’. 

(d) QUARTERLY REPORTS.—Such section is further amended by 

inserting after subsection (e), as so designated by subsection (c) 

of this section, the following new subsection (f): 

‘‘(f) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal quarter, the Secretary of Defense shall submit 

to the specified congressional committees a report on reimbursements pursuant to subsection (a) during the preceding fiscal quarter 

that includes— 

‘‘(1) an identification of each country reimbursed; 

‘‘(2) the date of each reimbursement; 

‘‘(3) a description of any partner nation border security 

efforts for which reimbursement was provided; 

‘‘(4) an assessment of the value of partner nation border 

security efforts for which reimbursement was provided; 

‘‘(5) the total amounts of reimbursement provided to each 

partner nation in the preceding four fiscal quarters; and 

‘‘(6) such other matters as the Secretary considers appropriate.’’. 

(e) EXTENSION.—Subsection (h) of such section, as so redesignated, is amended by striking ‘‘December 31, 2019’’ and inserting 

‘‘December 31, 2021’’. 

SEC. 1214. FRAMEWORK FOR OBTAINING CONCURRENCE FOR PARTICIPATION IN ACTIVITIES OF REGIONAL CENTERS FOR SECURITY STUDIES. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Defense, with the concurrence of the 

Secretary of State, shall establish and submit to the appropriate 

congressional committees, as such term is defined in section 301(1) 

of title 10, United States Code, a Memorandum of Agreement or 

other arrangement setting forth a framework for the procedures 

required between the Department of Defense and the Department 

of State to obtain the concurrence of the Secretary of State, as 

required by law or policy, to allow non-defense and non-governmental personnel of friendly foreign countries to participate in 

activities of the Department of Defense Regional Centers for Security Studies. 

Subtitle B—Matters Relating to 

Afghanistan and Pakistan 

SEC. 1221. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF AFGHANISTAN. 

(a) EXTENSION.—Subsection (h) of section 1222 of the National 

Defense Authorization Act for Fiscal Year 2013 (Public Law 112– 

10 USC 342 note. 


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132 STAT. 2028 PUBLIC LAW 115–232—AUG. 13, 2018 

239; 126 Stat. 1992), as most recently amended by section 1211 

of the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91; 131 Stat. 1648), is further amended by striking 

‘‘December 31, 2018’’ and inserting ‘‘December 31, 2020’’. 

(b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of such section 1222, as so amended, is further amended by striking ‘‘December 

31, 2018,’’ each place it appears and inserting ‘‘December 31, 2020’’. 

SEC. 1222. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENTS FOR SPECIAL IMMIGRANT VISAS FOR AFGHAN 

ALLIES PROGRAM. 

Section 602 of the Afghan Allies Protection Act of 2009 (8 

U.S.C. 1101 note) is amended— 

(1) in subsection (b)— 

(A) by striking paragraph (10); 

(B) by redesignating paragraphs (11) through (16) as 

paragraphs (10) through (15), respectively; 

(C) in paragraph (11)(A), as so redesignated, by striking 

‘‘the National Defense Authorization Act for Fiscal Year 

2014’’ and inserting ‘‘the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019’’; 

(D) in paragraph (12), as so redesignated, by striking 

‘‘paragraph (12)(B)’’ and inserting ‘‘paragraph (11)(B)’’; and 

(E) in paragraph (13), as so redesignated, in the matter 

preceding subparagraph (A), by striking ‘‘a report to the’’ 

and all that follows through ‘‘House of Representatives’’ 

and inserting ‘‘a report to the appropriate committees of 

Congress’’; 

(2) by striking subsection (c); and 

(3) by redesignating subsection (d) as subsection (c). 

SEC. 1223. AFGHANISTAN SECURITY FORCES FUND. 

(a) CONTINUATION OF PRIOR AUTHORITIES AND NOTICE AND

REPORTING REQUIREMENTS.—Funds available to the Department 

of Defense for the Afghanistan Security Forces Fund for fiscal 

year 2019 shall be subject to the conditions contained in— 

(1) subsections (b) through (f) of section 1513 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 428), as most recently amended by 

section 1521(d)(2)(A) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577); 

and 

(2) section 1521(d)(1) of the National Defense Authorization 

Act for Fiscal Year 2017. 

(b) USE OF FUNDS.—Section 1513(b)(1) of the National Defense 

Authorization Act for Fiscal Year 2008 is amended by striking 

‘‘security forces of Afghanistan’’ and inserting ‘‘security forces of 

the Ministry of Defense and the Ministry of the Interior of the 

Government of the Islamic Republic of Afghanistan’’. 

(c) EQUIPMENT DISPOSITION.— 

(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that 

is procured using amounts authorized to be appropriated for 

the Afghanistan Security Forces Fund by this Act and is 

intended for transfer to the security forces of Afghanistan, 

but is not accepted by such security forces. 


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(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before 

accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such equipment was 

procured for the purpose of meeting requirements of the security forces of Afghanistan, as agreed to by both the Government 

of Afghanistan and the Government of the United States, but 

is no longer required by such security forces or was damaged 

before transfer to such security forces. 

(3) ELEMENTS OF DETERMINATION.—In making a determination under paragraph (2) regarding equipment, the Commander 

of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary. 

An explanation of each determination, including the basis for 

the determination and the alternatives considered, shall be 

included in the relevant quarterly report required under paragraph (5). 

(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.— 

Equipment accepted under the authority provided by paragraph 

(1) may be treated as stocks of the Department of Defense 

upon notification to the congressional defense committees of 

such treatment. 

(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.— 

(A) IN GENERAL.—Not later than 90 days after the 

date of the enactment of this Act and every 90-day period 

thereafter during which the authority provided by paragraph (1) is exercised, the Secretary shall submit to the 

congressional defense committees a report describing the 

equipment accepted during the period covered by such 

report under the following: 

(i) This subsection. 

(ii) Section 1521(b) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 130 Stat. 2575). 

(iii) Section 1531(b) of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 

114–92; 129 Stat. 1088). 

(iv) Section 1532(b) of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act 

for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 

3613). 

(v) Section 1531(d) of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 

113–66; 127 Stat. 938; 10 U.S.C. 2302 note). 

(B) ELEMENTS.—Each report under subparagraph (A) 

shall include a list of all equipment that was accepted 

during the period covered by such report and treated as 

stocks of the Department of Defense and copies of the 

determinations made under paragraph (2), as required by 

paragraph (3). 

(d) SECURITY OF AFGHAN WOMEN.— 

(1) IN GENERAL.—Of the funds available to the Department 

of Defense for the Afghan Security Forces Fund for fiscal year 

2019, it is the goal that $25,000,000, but in no event less 

than $10,000,000, shall be used for— 


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132 STAT. 2030 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) the recruitment, integration, retention, training, 

and treatment of women in the Afghan National Defense 

and Security Forces; and 

(B) the recruitment, training, and contracting of female 

security personnel for future elections. 

(2) TYPES OF PROGRAMS AND ACTIVITIES.—Such programs 

and activities may include— 

(A) efforts to recruit women into the Afghan National 

Defense and Security Forces, including the special operations forces; 

(B) programs and activities of the Directorate of 

Human Rights and Gender Integration of the Ministry 

of Defense of Afghanistan and the Office of Human Rights, 

Gender and Child Rights of the Ministry of Interior of 

Afghanistan; 

(C) development and dissemination of gender and 

human rights educational and training materials and programs within the Ministry of Defense and the Ministry 

of Interior of Afghanistan; 

(D) efforts to address harassment and violence against 

women within the Afghan National Defense and Security 

Forces; 

(E) improvements to infrastructure that address the 

requirements of women serving in the Afghan National 

Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station; 

(F) support for Afghanistan National Police Family 

Response Units; and 

(G) security provisions for high-profile female police 

and military officers. 

(e) ASSESSMENT OF AFGHANISTAN PROGRESS ON OBJECTIVES.— 

(1) ASSESSMENT REQUIRED.—Not later than May 1, 2019, 

the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services 

and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the 

Committee on Foreign Relations of the Senate an assessment 

describing— 

(A) the progress of the Government of the Islamic 

Republic of Afghanistan toward meeting shared security 

objectives; and 

(B) the efforts of the Government of the Islamic 

Republic of Afghanistan to manage, employ, and sustain 

the equipment and inventory provided under subsection 

(a). 

(2) MATTERS TO BE INCLUDED.—In conducting the assessment required by paragraph (1), the Secretary of Defense shall 

include each of the following: 

(A) A consideration of the extent to which the Government of Afghanistan has a strategy for, and has taken 

steps toward, increased accountability and the reduction 

of corruption within the Ministry of Defense and the Ministry of Interior of Afghanistan. 

(B) A consideration of the extent to which the capability 

and capacity of the Afghan National Defense and Security 

Forces have improved as a result of Afghanistan Security 


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Forces Fund investment, including through training, and 

an articulation of the metrics used to assess such improvements. 

(C) A consideration of the extent to which the Afghan 

National Defense and Security Forces have been able to 

increase pressure on the Taliban, al-Qaeda, the Haqqani 

network, and other terrorist organizations, including by 

re-taking territory, defending territory, and disrupting 

attacks. 

(D) A consideration of the distribution practices of the 

Afghan National Defense and Security Forces and whether 

the Government of Afghanistan is ensuring that supplies, 

equipment, and weaponry supplied by the United States 

are appropriately distributed to, and employed by, security 

forces charged with fighting the Taliban and other terrorist 

organizations. 

(E) A consideration of the extent to which the Government of Afghanistan has designated the appropriate staff, 

prioritized the development of relevant processes, and provided or requested the allocation of resources necessary 

to support a peace and reconciliation process in Afghanistan. 

(F) A description of the ability of the Ministry of 

Defense and the Ministry of Interior of Afghanistan to 

manage and account for previously divested equipment, 

including a description of any vulnerabilities or weaknesses 

of the internal controls of such Ministry of Defense and 

Ministry of Interior and any plan in place to address shortfalls. 

(G) A description of the monitoring and evaluation 

systems in place to ensure assistance provided under subsection (a) is used only for the intended purposes. 

(H) A description of any significant irregularities in 

the divestment of equipment to the Afghan National 

Defense and Security Forces during the 5-year period beginning on the date of the enactment of this Act, including 

any major losses of such equipment or any inability on 

the part of the Afghan National Defense and Security 

Forces to account for equipment so procured. 

(I) A description of the sustainment and maintenance 

costs required during the 5-year period beginning on the 

date of the enactment of this Act for major weapons platforms previously divested, and a plan for how the Afghan 

National Defense and Security Forces intends to maintain 

such platforms in the future. 

(J) A consideration of the extent to which the Government of Afghanistan is adhering to conditions for receiving 

assistance established in annual financial commitment letters or any other bilateral agreements with the United 

States. 

(K) A consideration of the extent to which the Government of Afghanistan has made progress in achieving security sector benchmarks as outlined by the United StatesAfghan Compact (commonly known as the ‘‘Kabul Compact’’). 

(L) Such other factors as the Secretaries consider 

appropriate. 


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(3) FORM.—The assessment required by paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 

(4) WITHHOLDING OF ASSISTANCE FOR INSUFFICIENT

PROGRESS.— 

(A) IN GENERAL.—If the Secretary of Defense determines, in coordination with the Secretary of State, pursuant 

to the assessment under paragraph (1) that the Government of Afghanistan has made insufficient progress in the 

areas described in paragraph (2), the Secretary of Defense 

may withhold assistance for the Afghan National Defense 

and Security Forces until such time as the Secretary determines sufficient progress has been made. 

(B) NOTICE TO CONGRESS.—If the Secretary of Defense 

withholds assistance under subparagraph (A), the Secretary 

shall, in coordination with the Secretary of State, provide 

notice to Congress not later than 30 days after making 

the decision to withhold such assistance. 

SEC. 1224. EXTENSION AND MODIFICATION OF COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 

(a) EXTENSION.—Section 1201 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 

Stat. 1619), as most recently amended by section 1211 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2477), is further amended— 

(1) in subsection (a), by striking ‘‘December 31, 2018’’ and 

inserting ‘‘December 31, 2019’’; 

(2) in subsection (b), by striking ‘‘fiscal year 2017 and 

fiscal year 2018’’ and inserting ‘‘fiscal years 2017 through 2019’’; 

and 

(3) in subsection (f), by striking ‘‘December 31, 2018’’ and 

inserting ‘‘December 31, 2019’’. 

(b) MODIFICATION.—Subsection (b) of section 1211 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2477) is amended— 

(1) in the heading, by striking ‘‘AND SYRIA’’ and inserting 

‘‘SYRIA, SOMALIA, LIBYA, AND YEMEN’’; and 

(2) in paragraph (1), by striking ‘‘or Syria’’ and inserting 

‘‘Syria, Somalia, Libya, or Yemen’’. 

SEC. 1225. EXTENSION AND MODIFICATION OF AUTHORITY FOR 

REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 

SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. 

(a) EXTENSION.—Subsection (a) of section 1233 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 393), as most recently amended by section 1212 

of the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91), is further amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘October 1, 2017, and ending on December 31, 2018’’ and 

inserting ‘‘October 1, 2018, and ending on December 31, 2019’’; 

and 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) Pakistan for certain activities meant to enhance the 

security situation in the Afghanistan-Pakistan border region 

pursuant to section 1226 of the National Defense Authorization 


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Act for Fiscal Year 2016 (22 U.S.C. 2151 note), as amended 

by the John S. McCain National Defense Authorization Act 

for Fiscal Year 2019.’’. 

(b) MODIFICATION TO LIMITATIONS.—Subsection (d) of such section is amended— 

(1) in paragraph (1)— 

(A) in the first sentence— 

(i) by striking ‘‘October 1, 2017, and ending on 

December 31, 2018’’ and inserting ‘‘October 1, 2018, 

and ending on December 31, 2019’’; and (ii) by striking ‘‘$900,000,000’’ and inserting ‘‘$350,000,000’’; and 

(B) by striking the second sentence; and 

(2) by striking paragraph (3). 

(c) REPEAL OF PROVISION RELATING TO REIMBURSEMENT TO

PAKISTAN FOR SECURITY ENHANCEMENT ACTIVITIES.—Such section 

is further amended— 

(1) by striking subsection (e); and 

(2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively. 

(d) NOTICE TO CONGRESS.—Paragraph (1) of subsection (e) of 

such section, as redesignated by subsection (c) of this section, is 

amended by striking the second sentence. 

Subtitle C—Matters Relating to Syria, Iraq, 

and Iran 

SEC. 1231. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED SYRIAN OPPOSITION. 

(a) EXTENSION.—Section 1209(a) of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal 

Year 2015 (Public Law 113–291; 128 Stat. 3559), as most recently 

amended by section 1221(a) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2485), 

is further amended by striking ‘‘December 31, 2018’’ and inserting 

‘‘December 31, 2019’’. 

(b) LIMITATION ON USE OF FUNDS IN GENERAL.— 

(1) LIMITATION.—None of the funds authorized to be appropriated for fiscal year 2019 for the Department of Defense 

may be obligated or expended for activities under the authority 

in section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015, as 

amended by subsection (a), until the later of the following: 

(A) The date on which the President submits the report 

on United States strategy in Syria required by section 

1221 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91; 131 Stat. 1650). 

(B) The date that is 30 days after the date on which 

the Secretary of Defense submits the report described in 

paragraph (2). 

(2) REPORT.— 

(A) IN GENERAL.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary shall 

submit to the congressional defense committees a report 

setting forth the following: 


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132 STAT. 2034 PUBLIC LAW 115–232—AUG. 13, 2018 

(i) A description of the efforts the United States 

will undertake to train and equip appropriately vetted 

Syrian opposition forces, and a description of any roles 

or contributions of partner countries with respect to 

such efforts. 

(ii) A detailed description of the internal security 

forces of the vetted Syrian opposition to be trained 

and equipped under such authority, including a 

description of their geographic locations, demographic 

profiles, political affiliations, current capabilities, and 

relation to the objectives under the authority in section 

1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 

2015, as amended by subsection (a). 

(iii) An assessment of the current operational 

effectiveness of such forces and their command and 

control structures. 

(iv) A detailed description of planned capabilities, 

including categories of training, equipment, financial 

support, sustainment, and supplies intended to be provided to the elements of the vetted Syrian opposition 

under such authority, and timelines for delivery. 

(v) A description of the planned posture of United 

States forces and the planned level of engagement 

by such forces with the elements of the vetted Syrian 

opposition, including the oversight of equipment provided under such authority and the activities conducted 

by such vetted Syrian opposition forces. 

(vi) An explanation of the processes and mechanisms for local commanders of the vetted Syrian opposition to exercise command and control of the elements 

of the vetted Syrian opposition after such elements 

of the vetted Syrian opposition have been trained and 

equipped under such authority. 

(vii) An explanation of complementary local 

governance and other stabilization activities in areas 

in which elements of the local internal security forces 

trained and equipped under such authority will be 

operating and the relation of such local governance 

and other stabilization activities to the oversight of 

such security forces. 

(B) FORM.—The report required by subparagraph (A) 

shall be submitted in unclassified form, but may include 

a classified annex. 

(c) REPROGRAMMING REQUIREMENT.—Subsection (f) of such section 1209, as most recently amended by section 1221 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2485), is further amended by striking ‘‘December 

31, 2018’’ and inserting ‘‘December 31, 2019’’. 

(d) QUARTERLY PROGRESS REPORT.— 

(1) IN GENERAL.—The Secretary of Defense, in coordination 

with the Secretary of State, shall submit to the appropriate 

congressional committees and leadership of the House of Representatives and the Senate a progress report under section 

1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015. Such progress 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2035 

report shall, based on the most recent quarterly information, 

include an assessment of the following: 

(A) Whether, during the 90-day period, demonstrable 

progress was made— 

(i) to retake control of territory in Syria from the 

Islamic State of Iraq and Syria (ISIS); or 

(ii) to stabilize areas in Syria formerly held by 

the Islamic State of Iraq and Syria. 

(B) Whether, during such period, the vetted Syrian 

opposition tasked with conducting local security operations 

that United States forces are training and equipping under 

the authority in section 1209 of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015, as amended by subsection (a), were demographically representative of the local communities and 

serve local governance bodies that are similarly representative of the local communities. 

(C) Whether, during such period, the Department of 

Defense took actions to mitigate any pause in offensive 

operations against the Islamic State of Iraq and Syria 

through alternative approaches to the training, equipping, 

and assistance of the vetted Syrian opposition. 

(D) Whether, during such period, support provided 

under the authority referred to in subparagraph (B) was 

consistent with United States standards regarding respect 

for human rights, rule of law, and support for stable and 

equitable governance. 

(E) Whether, during such period, members of the vetted 

Syrian opposition receiving support under the authority 

referred to in subparagraph (B) demonstrated respect for 

human rights and rule of law, violations of human rights 

and rule of law by such members were appropriately investigated, and the individuals responsible for such violations 

were appropriately held accountable. 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

SEC. 1232. SYRIAN WAR CRIMES ACCOUNTABILITY. 

(a) REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES

AGAINST HUMANITY, AND GENOCIDE IN SYRIA.— 

(1) IN GENERAL.—The Secretary of State shall submit a 

report on war crimes, crimes against humanity, and genocide 

in Syria to the appropriate congressional committees not later 

than 90 days after the date of the enactment of this Act and 

another such report not later than 180 days after the Secretary 

of State determines that the violence in Syria has ceased. 

(2) ELEMENTS.—The reports required under paragraph (1) 

shall include— 

22 USC 8791 

note. 


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132 STAT. 2036 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) a description of alleged war crimes, crimes against 

humanity, and genocide perpetrated during the civil war 

in Syria, including— 

(i) incidents that may constitute war crimes, 

crimes against humanity, or genocide committed by 

the regime of President Bashar al-Assad and all forces 

fighting on its behalf; 

(ii) incidents that may constitute war crimes, 

crimes against humanity, or genocide committed by 

violent extremist groups, anti-government forces, and 

any other combatants in the conflict; 

(iii) any incidents that may violate the principle 

of medical neutrality and, if possible, the identification 

of the individual or individuals who engaged in or 

organized such incidents; and 

(iv) if possible, a description of the conventional 

and unconventional weapons used for such crimes and 

the origins of such weapons; and 

(B) a description and assessment by the Department 

of State Office of Global Criminal Justice, the United States 

Agency for International Development, the Department of 

Justice, and other appropriate agencies of programs that 

the United States Government has undertaken to ensure 

accountability for war crimes, crimes against humanity, 

and genocide perpetrated against the people of Syria by 

the regime of President Bashar al-Assad, violent extremist 

groups, and other combatants involved in the conflict, 

including programs— 

(i) to train investigators within and outside of 

Syria on how to document, investigate, develop findings 

of, and identify and locate alleged perpetrators of war 

crimes, crimes against humanity, or genocide, 

including— 

(I) the number of United States Government 

or contract personnel currently designated to work 

full-time on these issues; and 

(II) the identification of the authorities and 

appropriations being used to support such training 

efforts; 

(ii) to promote and prepare for a transitional justice process or processes for the perpetrators of war 

crimes, crimes against humanity, and genocide in Syria 

beginning in March 2011; 

(iii) to document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and 

genocide in Syria, including support for Syrian, foreign, 

and international nongovernmental organizations, and 

other entities, including the International, Impartial 

and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the 

Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 

and the Independent International Commission of 

Inquiry on the Syrian Arab Republic; and 

(iv) to assess the influence of accountability measures on efforts to reach a negotiated settlement to 

the Syrian conflict during the reporting period. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2037 

(3) FORM.—The reports required under paragraph (1) may 

be submitted in unclassified or classified form, but shall include 

a publicly available annex. 

(4) PROTECTION OF WITNESSES AND EVIDENCE.—The Secretary shall take due care to ensure that the identification 

of witnesses and physical evidence are not publicly disclosed 

in a manner that might place such persons at risk of harm 

or encourage the destruction of evidence by the Government 

of Syria, violent extremist groups, anti-government forces, or 

any other combatants or participants in the conflict. 

(b) TRANSITIONAL JUSTICE STUDY.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of State 

(acting through appropriate officials and offices, which may include 

the Office of Global Criminal Justice), after consultation with the 

Department of Justice, the United States Agency for International 

Development, and other appropriate Federal agencies, shall— 

(1) complete a study of the feasibility and desirability of 

potential transitional justice mechanisms for Syria, including 

a hybrid tribunal, to address war crimes, crimes against 

humanity, and genocide perpetrated in Syria beginning in 

March 2011; and 

(2) submit a detailed report of the results of the study 

conducted under paragraph (1), including recommendations on 

which transitional justice mechanisms the United States 

Government should support, why such mechanisms should be 

supported, and what type of support should be offered, to— 

(A) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and 

(B) the Committee on Foreign Affairs, the Committee 

on the Judiciary, and the Committee on Appropriations 

of the House of Representatives. 

(c) TECHNICAL ASSISTANCE AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of State (acting through 

appropriate officials and offices, which may include the Office 

of Global Criminal Justice), after consultation with the Department of Justice and other appropriate Federal agencies, is 

authorized to provide appropriate assistance to support entities 

that, with respect to war crimes, crimes against humanity, 

and genocide perpetrated by the regime of President Bashar 

al-Assad, all forces fighting on its behalf, and all non-state 

armed groups fighting in the country, including violent 

extremist groups in Syria beginning in March 2011— 

(A) identify suspected perpetrators of war crimes, 

crimes against humanity, and genocide; 

(B) collect, document, and protect evidence of crimes 

and preserve the chain of custody for such evidence; 

(C) conduct criminal investigations; 

(D) build Syria’s investigative and judicial capacities 

and support prosecutions in the domestic courts of Syria, 

provided that President Bashar al-Assad is no longer in 

power; 

(E) support investigations by third-party states, as 

appropriate; or 

(F) protect witnesses that may be helpful to prosecutions or other transitional justice mechanisms. 


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132 STAT. 2038 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) ADDITIONAL ASSISTANCE.—The Secretary of State, after 

consultation with appropriate Federal agencies and the appropriate congressional committees, and taking into account the 

findings of the transitional justice study required under subsection (b), is authorized to provide assistance to support the 

creation and operation of transitional justice mechanisms, 

including a potential hybrid tribunal, to prosecute individuals 

suspected of committing war crimes, crimes against humanity, 

or genocide in Syria beginning in March 2011. 

(3) BRIEFING.—The Secretary of State shall provide 

detailed, biannual briefings to the appropriate congressional 

committees describing the assistance provided to entities 

described in paragraph (1). 

(d) STATE DEPARTMENT REWARDS FOR JUSTICE PROGRAM.—Section 36(b)(10) of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2708(b)(10)) is amended by inserting ‘‘(including 

war crimes, crimes against humanity, or genocide committed in 

Syria beginning in March 2011)’’ after ‘‘genocide’’. 

(e) INDEPENDENT INTERNATIONAL COMMISSION OF INQUIRY ON

THE SYRIAN ARAB REPUBLIC.—The Secretary of State, acting 

through the United States Permanent Representative to the United 

Nations, should use the voice, vote, and influence of the United 

States at the United Nations to advocate that the United Nations 

Human Rights Council, while the United States remains a member, 

annually extend the mandate of the Independent International 

Commission of Inquiry on the Syrian Arab Republic until the 

Commission has completed its investigation of all alleged violations 

of international human rights laws beginning in March 2011 in 

the Syrian Arab Republic. 

(f) EFFECT OF SECTION.—Nothing in this section shall be construed to violate the American Servicemembers’ Protection Act of 

2002 (22 U.S.C. 7421 et seq.). 

(g) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations; the Committee on Armed Services, and the Committee on the 

Judiciary of the Senate; and 

(B) the Committee on Foreign Affairs, the Committee 

on Armed Services, and the Committee on the Judiciary 

of the House of Representatives. 

(2) GENOCIDE.—The term ‘‘genocide’’ means any offense 

described in section 1091(a) of title 18, United States Code. 

(3) HYBRID TRIBUNAL.—The term ‘‘hybrid tribunal’’ means 

a temporary criminal tribunal that involves a combination of 

domestic and international lawyers, judges, and other professionals to prosecute individuals suspected of committing war 

crimes, crimes against humanity, or genocide. 

(4) TRANSITIONAL JUSTICE.—The term ‘‘transitional justice’’ 

means the range of judicial, nonjudicial, formal, informal, 

retributive, and restorative measures employed by countries 

transitioning out of armed conflict or repressive regimes— 

(A) to redress legacies of atrocities; and 

(B) to promote long-term, sustainable peace. 

(5) WAR CRIME.—The term ‘‘war crime’’ has the meaning 

given the term in section 2441(c) of title 18, United States 

Code. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2039 

SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO 

COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA. 

(a) EXTENSION.—Subsection (a) of section 1236 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), 

as most recently amended by section 1222 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 

Stat. 1651), is further amended by striking ‘‘December 31, 2019’’ 

and inserting ‘‘December 31, 2020’’. 

(b) FUNDING.—Subsection (g) of such section 1236, as most 

recently so amended, is further amended— 

(1) by striking ‘‘for the Department of Defense for Overseas 

Contingency Operations for fiscal year 2018’’ and inserting 

‘‘for the Department of Defense for Overseas Contingency Operations for fiscal year 2019’’; and 

(2) by striking ‘‘$1,269,000,000’’ and inserting 

‘‘$850,000,000’’. 

(c) LIMITATION OF USE OF FISCAL YEAR 2019 FUNDS.—Of the 

amounts authorized to be appropriated for fiscal year 2019 by 

this Act for activities under the authority in section 1236 of the 

Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015, as amended by this section, 

not more than $450,000,000 may be obligated or expended for 

such activities until the date on which the Secretary of Defense 

has submitted to the congressional defense committees each of 

the following: 

(1) The report on the United States strategy in Iraq 

required by the joint explanatory statement of the committee 

of the conference accompanying Conference Report 115–404. 

(2) A report setting forth the following: 

(A) An explanation of the purpose of a continuing 

United States military presence in Iraq, including— 

(i) an explanation of the national security objectives of the United States with respect to Iraq; 

(ii) a detailed description of— 

(I) the size of a continuing United States military presence in Iraq; and 

(II) the roles and missions associated with a 

continuing United States military presence in Iraq; 

and 

(iii) a delineation of the responsibilities in connection with a continuing United States military presence 

in Iraq of— 

(I) the Combined Joint Task Force Operation 

Inherent Resolve (or a successor task force); 

(II) the Office of Security Cooperation in Iraq; 

and 

(III) other United States embassy-based military personnel. 

(B) An identification of the specific units of the Iraqi 

Security Forces to receive training and equipment or other 

support in fiscal year 2019. 

(C) A plan for ensuring that any vehicles and equipment provided to the Iraqi Security Forces pursuant to 

that authority are maintained in subsequent fiscal years 

using funds of Iraq. 


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132 STAT. 2040 PUBLIC LAW 115–232—AUG. 13, 2018 

(D) An estimate, by fiscal year, of the funding anticipated to be required for support of the Iraqi Security Forces 

pursuant to that authority during the five fiscal years 

beginning with fiscal year 2020. 

(E) A detailed plan for the obligation and expenditure 

of the funds requested for fiscal year 2019 for the Department of Defense for Operational Sustainment of the Iraqi 

Security Forces. 

(F) A plan for the transition to the Government of 

Iraq of responsibility for funding for Operational 

Sustainment of the Iraqi Security Forces for fiscal years 

after fiscal year 2019. 

(G) A description of any actions carried out under 

this paragraph. 

(d) SENSE OF CONGRESS.—It is the sense of the Congress that— 

(1) the Peshmerga forces of the Kurdistan Region of Iraq 

have made, and continue to make, significant contributions 

to the United States-led campaign to degrade, dismantle, and 

ultimately defeat the Islamic State of Iraq and Syria (ISIS) 

in Iraq; 

(2) a lasting defeat of ISIS is critical to maintaining a 

stable and tolerant Iraq in which all faiths, sects, and 

ethnicities are afforded equal protection and full integration 

into the Government and society of Iraq; and 

(3) in support of counter-ISIS operations and in conjunction 

with the Central Government of Iraq, the United States should 

continue to provide operational sustainment, as appropriate, 

to the Ministry of Peshmerga forces of the Kurdistan Region 

of Iraq so that the Peshmerga forces can more effectively 

partner with the Iraqi Security Forces, the United States, and 

other international Coalition members to consolidate gains, hold 

territory, and protect infrastructure from ISIS and its affiliates 

in an effort to deal a lasting defeat to ISIS and prevent its 

reemergence in Iraq. 

(e) QUARTERLY PROGRESS REPORT.— (1) IN GENERAL.—The Secretary of Defense, in coordination 

with the Secretary of State, shall submit to the appropriate 

congressional committees and leadership of the House of Representatives and the Senate a progress report under section 

1236 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015, which shall 

be provided in unclassified form with a classified annex if 

necessary. Such progress report shall, based on the most recent 

quarterly information, include an assessment of the following: 

(A) The extent to which any forces associated with 

Iran’s Revolutionary Guard Corps (IRGC) have been incorporated into the Iraqi Security Forces. 

(B) Any instances in which forces associated with Iran’s 

Revolutionary Guard Corps have acquired United Statesprovided equipment and training. 

(C) The extent to which United States-provided equipment is controlled by unauthorized units, determined by 

vetting required in subsection (e) of section 1236 of the 

Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015, or is not 

accounted for by the Government of Iraq, including a list 

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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2041 

that are controlled by unauthorized forces or unaccounted 

for. 

(D) Actions taken by the Government of Iraq to 

repossess United States-provided equipment from 

unauthorized forces. 

(E) The means by which the United States Armed 

Forces shares operational information with the Iraqi Security Forces and a description of any known instances in 

which any forces associated with Iran’s Revolutionary 

Guard Corps have gained unauthorized access to such operational information. 

(2) DEFINITION.—In this subsection, the term ‘‘appropriate 

congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

SEC. 1234. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF 

IRAQ. 

None of the funds authorized to be appropriated or otherwise 

made available by this Act for assistance to the Government of 

Iraq may be obligated or expended by the United States to provide 

assistance to any group that is, or that is known to be affiliated 

with, the Iranian Revolutionary Guard Corps–Quds Force or a 

state sponsor of terrorism. 

SEC. 1235. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF 

SECURITY COOPERATION IN IRAQ. 

(a) EXTENSION OF AUTHORITY.—Subsection (f)(1) of section 1215 

of the National Defense Authorization Act for Fiscal Year 2012 

(10 U.S.C. 113 note) is amended by striking ‘‘fiscal year 2018’’ 

and inserting ‘‘fiscal year 2019’’. 

(b) AMOUNT AVAILABLE.— 

(1) IN GENERAL.—Such section is further amended— 

(A) in subsection (c), by striking ‘‘fiscal year 2018 may 

not exceed $42,000,000’’ and inserting ‘‘fiscal year 2019 

may not exceed $45,300,000’’; and 

(B) in subsection (d), by striking ‘‘fiscal year 2018’’ 

and inserting ‘‘fiscal year 2019’’. 

(2) LIMITATION OF USE OF FISCAL YEAR 2019 FUNDS PENDING

REPORTS.—Of the amount available for fiscal year 2019 for 

section 1215 of the National Defense Authorization Act for 

Fiscal Year 2012, as amended by this section, not more than 

an amount equal to 25 percent of such amount may be obligated 

or expended for the Office of Security Cooperation in Iraq 

until 30 days after the later of— 

(A) the date on which the report on the United States 

strategy on Iraq required by the joint explanatory statement of the committee of the conference accompanying 

Conference Report 115–404 is submitted to the congressional defense committees; and 

(B) the date on which the report required by subsection 

(d)(1) is submitted to the appropriate committees of Congress. 


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132 STAT. 2042 PUBLIC LAW 115–232—AUG. 13, 2018 

(c) SOURCE OF FUNDS.—Subsection (d) of such section is 

amended by striking ‘‘fiscal year 2018’’ and inserting ‘‘fiscal year 

2019’’. 

(d) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

cooperation with the Secretary of State, shall submit to the 

appropriate committees of Congress a report on the Office of 

Security Cooperation in Iraq. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the enduring planned size and 

missions of the Office of Security Cooperation in Iraq after 

the cessation of major combat operations against the 

Islamic State of Iraq and Syria. 

(B) A description of the relationship between the Office 

of Security Cooperation in Iraq and any planned enduring 

presence of other United States forces in Iraq. 

(C) A detailed description of any activity to be conducted by the Office of Security Cooperation in Iraq in 

fiscal year 2019. 

(D) A plan and timeline for the normalization of the 

Office of Security Cooperation in Iraq to conform to other 

offices of security cooperation, including the transition of 

funding from the Department of Defense to the Department 

of State by the beginning of fiscal year 2020. 

(E) Such other matters with respect to the Office of 

Security Cooperation in Iraq as the Secretary of Defense 

and the Secretary of State consider appropriate. 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1236. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER 

OF IRAN. 

Section 1245(b) of the National Defense Authorization Act for 

Fiscal Year 2010 (10 U.S.C. 113 note) is amended— 

(1) in paragraph (3)(B), by inserting ‘‘the Houthis,’’ after 

‘‘Hamas,’’; and 

(2) in paragraph (7)— 

(A) by inserting ‘‘the Russian Federation,’’ after ‘‘Pakistan,’’; and 

(B) by inserting ‘‘trafficking or’’ before ‘‘development’’. 

SEC. 1237. STRATEGY TO COUNTER DESTABILIZING ACTIVITIES OF 

IRAN. 

(a) STRATEGY AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense, with the 

concurrence of the Secretary of State, may develop a strategy 

with foreign partners to counter the destabilizing activities 

of Iran. 

(2) ELEMENTS.—The strategy described in paragraph (1)— 

(A) should identify specific countries in which Iran 

and Iranian-backed entities are operating; and 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2043 

(B) should establish a cooperative framework that 

includes, as appropriate— 

(i) investing in intelligence, surveillance, and 

reconnaissance capabilities; 

(ii) investing in mine countermeasures resources 

and platforms; 

(iii) investing in integrated air and missile defense 

platforms and technologies; 

(iv) sharing intelligence and data between the 

United States and such foreign countries; 

(v) investing in cyber security and cyber defense 

capabilities; 

(vi) engaging in combined planning and exercises; 

(vii) engaging in defense education, institution 

building, doctrinal development, and reform; and 

(viii) assessing Iran’s destabilizing activities in the 

countries identified under subparagraph (A) and the 

implications thereof. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, and annually thereafter through December 

31, 2021, the Secretary of Defense, in consultation with the Secretary of State, should submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives 

a report on actions taken to enhance cooperation and encourage 

military-to-military engagement between the United States and 

foreign partners with the goal of countering the destabilizing actions 

of Iran and, if applicable, the strategy authorized by subsection 

(a). 

Subtitle D—Matters Relating to the 

Russian Federation 

SEC. 1241. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO 

SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER 

CRIMEA. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for the Department of Defense may be obligated or expended 

to implement any activity that recognizes the sovereignty of the 

Russian Federation over Crimea. 

(b) WAIVER.—The Secretary of Defense, with the concurrence 

of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense— 

(1) determines that to do so is in the national security 

interest of the United States; and 

(2) submits to the Committee on Armed Services and the 

Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs 

of the House of Representatives a notification of the waiver, 

along with a justification of the reason for seeking such waiver, 

at the time the waiver is invoked. 


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132 STAT. 2044 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1242. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO 

IMPLEMENTATION OF THE OPEN SKIES TREATY. 

(a) PROHIBITION ON ACTIVITIES TO MODIFY UNITED STATES AIR- CRAFT.— (1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for research, development, test, and evaluation, Air Force, 

for arms control implementation (PE 0305145F), Aircraft 

Procurement, Air Force (line item C135B0/C-135B), or procurement, Air Force, for digital visual imaging system (BA-05, 

Line Item #1900) may be obligated or expended to carry out 

any activities to modify any United States aircraft for purposes 

of implementing the Open Skies Treaty until the President 

submits to the appropriate congressional committees the certification described in paragraph (2). 

(2) CERTIFICATION.— (A) IN GENERAL.—The certification described in this 

paragraph is a certification of the President that— 

(i) the President has imposed treaty violations 

responses and legal countermeasures on the Russian 

Federation for its violations of the Open Skies Treaty; 

and 

(ii) the President has fully informed the appropriate congressional committees of such responses and 

countermeasures. 

(B) DELEGATION.—The President may delegate the 

responsibility for making a certification under subparagraph (A) to the Secretary of the State. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(b) LIMITATION ON USE OF FUNDS TO VOTE OR APPROVE CERTAIN

IMPLEMENTING DECISIONS OF THE OPEN SKIES CONSULTATIVE

COMMISSION.— 

(1) IN GENERAL.—None of the funds authorized to be appropriated or otherwise made available by this Act or any other 

Act for fiscal year 2019 may be used to vote to approve or 

otherwise adopt any implementing decision of the Open Skies 

Consultative Commission pursuant to Article X of the Open 

Skies Treaty to authorize approval of requests by state parties 

to the Treaty to certify infra-red or synthetic aperture radar 

sensors pursuant to Article IV of the Treaty unless and until 

the following requirements are met: 

(A) The Secretary of Defense, jointly with the relevant 

United States Government officials, submits to the appropriate congressional committees the following: 

(i) A certification that the implementing decision 

would not be detrimental or otherwise harmful to the 

national security of the United States. 

(ii) A report on the Open Skies Treaty that includes 

the following: 

(I) The annual costs to the United States associated with countermeasures to mitigate potential 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2045 

abuses of observation flights by the Russian Federation carried out under the Treaty over European and United States territories involving infrared or synthetic aperture radar sensors. 

(II) A plan, and its estimated cost through 

December 31, 2023, to replace the Treaty architecture with an increased sharing of overhead 

commercial imagery, consistent with United States 

national security, with covered state parties, 

excluding the Russian Federation, compared with 

the current cost of implementing the Open Skies 

Treaty, including proposed aircraft recapitalization, through December 31, 2023. 

(III) An evaluation by the Director of National 

Intelligence of matters concerning how an observation flight described in clause (i) could implicate 

intelligence activities of the Russian Federation 

in the United States and United States counterintelligence activities and vulnerabilities. 

(IV) An assessment of how such information 

is used by the Russian Federation, for what purpose, and how the information fits into the Russian 

Federation’s overall collection posture. 

(B) Not later than 90 days before the date on which 

the United States votes to approve or otherwise adopt 

any such implementing decision, the President shall submit 

to the appropriate congressional committees a certification 

that— 

(i) the Russian Federation— 

(I) is in complete compliance with is obligations under the Open Skies Treaty; 

(II) is not exceeding the imagery limits set 

forth in the Treaty; and 

(III) is allowing observation flights by covered 

state parties over all of Moscow, Chechnya, 

Kaliningrad, and within 10 kilometers of its border 

with Georgia’s occupied territories of Abkhazia and 

South Ossetia without restriction and without 

inconsistency to requirements under the Treaty; 

and 

(ii) covered state parties have been notified and 

briefed, consistent with protection of sources and 

methods, on concerns of the intelligence community 

(as defined in section 3 of the National Security Act 

of 1947 (50 U.S.C. 3003)) regarding infra-red or synthetic aperture radar sensors used under the Open 

Skies Treaty. 

(2) WAIVER.— 

(A) IN GENERAL.—The President may waive the 

application of paragraph (1)(B) if the President determines 

that— 

(i) the waiver is in the national security of the 

United States; and 

(ii) the Russian Federation has taken clear and 

verifiable action to return to compliance with the Open 

Skies Treaty. 

(B) DELEGATION.— 


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132 STAT. 2046 PUBLIC LAW 115–232—AUG. 13, 2018 

(i) IN GENERAL.—The President may delegate the 

authority under subparagraph (A) to waive the application of paragraph (1)(B) to the Secretary of State, in 

consultation with the Secretary of Defense and the 

Director of National Intelligence. 

(ii) REPORT.—Not later than 30 days prior to a 

waiver taking effect pursuant to a delegation of the 

authority under subparagraph (A) to waive the application of paragraph (1)(B), the Secretary of State, the 

Secretary of Defense, and the Director of National 

Intelligence shall submit to the appropriate congressional committees a report that contains the views 

of such Secretaries and Director with respect to the 

waiver. 

(c) FORM.—Each certification and report required under this 

section shall be submitted in unclassified form, but may contain 

a classified annex if necessary. 

(d) DEFINITIONS.—Except as otherwise provided, in this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) COVERED STATE PARTY.—The term ‘‘covered state party’’ 

means a foreign country that— 

(A) is a state party to the Open Skies Treaty; and 

(B) is a United States ally. 

(3) INFRA-RED OR SYNTHETIC APERTURE RADAR SENSOR.— 

The term ‘‘infra-red or synthetic aperture radar sensor’’ means 

a sensor that is classified as— 

(A) an infra-red line-scanning device under category 

C of paragraph 1 of Article IV of the Open Skies Treaty; 

or 

(B) a sideways-looking synthetic aperture radar under 

category D of paragraph 1 of Article IV of the Open Skies 

Treaty. 

(4) OBSERVATION FLIGHT.—The term ‘‘observation flight’’ 

has the meaning given such term in Article II of the Open 

Skies Treaty. 

(5) OPEN SKIES TREATY; TREATY.—The term ‘‘Open Skies 

Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies, done 

at Helsinki March 24, 1992, and entered into force January 

1, 2002. 

(6) RELEVANT UNITED STATES GOVERNMENT OFFICIALS.— 

The term ‘‘relevant United States Government officials’’ means 

the following: 

(A) The Secretary of Energy. 

(B) The Secretary of Homeland Security. 

(C) The Director of the Federal Bureau of Investigation. 

(D) The Director of National Intelligence. 

(E) The Commander of U.S. Strategic Command and 

the Commander of U.S. Northern Command in the case 

of an observation flight over the territory of the United 

States. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2047 

(F) The Commander of U.S. European Command in 

the case of an observation flight other than an observation 

flight described in subparagraph (E). 

(7) SENSOR.—The term ‘‘sensor’’ has the meaning given 

such term in Article II of the Open Skies Treaty. 

SEC. 1243. DETERMINATION REQUIRED REGARDING MATERIAL 

BREACH OF INF TREATY BY THE RUSSIAN FEDERATION. 

(a) DETERMINATION REQUIRED.—Not later than January 15, 

2019, the President shall submit to the appropriate congressional 

committees a determination whether— 

(1) the Russian Federation is in material breach of its 

obligations under the INF Treaty; and 

(2) the prohibitions set forth in Article VI of the INF 

Treaty remain binding on the United States as a matter of 

United States law. 

(b) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(2) INF TREATY.—The term ‘‘INF Treaty’’ means the Treaty 

Between the United States of America and the Union of Soviet 

Socialist Republics on the Elimination of Their IntermediateRange and Shorter-Range Missiles, commonly referred to as 

the ‘‘Intermediate-Range Nuclear Forces (INF) Treaty’’, signed 

at Washington December 8, 1987, and entered into force June 

1, 1988. 

SEC. 1244. COMPREHENSIVE RESPONSE TO THE RUSSIAN FEDERATION’S MATERIAL BREACH OF THE INF TREATY. 

(a) SENSE OF CONGRESS.—It is the of Congress that— 

(1) the actions undertaken by the Russian Federation in 

violation of the INF Treaty, including the flight-test, production, 

and possession of prohibited systems, have defeated the object 

and purpose of the INF Treaty, and thus constitute a material 

breach of the INF Treaty; 

(2) in light of the Russian Federation’s material breach 

of the INF Treaty, the United States is legally entitled to 

suspend the operation of the INF Treaty in whole or in part 

for so long as the Russian Federation continues to be in material breach of the INF Treaty; and 

(3) for so long as the Russian Federation remains in violation of the INF Treaty, the United States should take actions 

to encourage the Russian Federation to return to compliance 

with the INF Treaty, including by— 

(A) providing additional funds for the capabilities 

identified in section 1243(d) of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 129 Stat. 1062) and the Intermediate-Range Nuclear 

Forces Treaty Preservation Act of 2017 (Public Law 115– 

91; 131 Stat. 1671); and 

(B) seeking additional missile defense assets in the 

European theater needed to fill military capability gaps 

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132 STAT. 2048 PUBLIC LAW 115–232—AUG. 13, 2018 

launched missile systems of the Russian Federation that 

are in noncompliance with the INF Treaty. 

(b) CERTIFICATION.— 

(1) IN GENERAL.—Not later than November 1, 2018, the 

President shall submit to the appropriate congressional committees a certification as to whether each of the requirements 

described in paragraph (2) have been met. 

(2) REQUIREMENTS DESCRIBED.—The requirements 

described in this paragraph are the following: 

(A) Each requirement of section 1290 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2555; 22 U.S.C. 2593e) has been 

fully implemented and is continuing to be fully implemented. 

(B) The President has notified the appropriate congressional committees under such section 1290 of the imposition 

of measures described in subsection (c) of such section 

with respect to each person identified in a report under 

subsection (a) of such section, including a detailed description of the imposition of all such measures. 

(C) The President has submitted the report required 

by section 1244(c) of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 

1674) (relating to report on plan to impose additional sanctions with respect to the Russian Federation). 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; 

and 

(B) the Permanent Select Committee on Intelligence, 

the Committee on Foreign Affairs, the Committee on Armed 

Services, and the Committee on Appropriations of the 

House of Representatives. 

(2) INF TREATY.—The term ‘‘INF Treaty’’ means the Treaty 

between the United States of America and the Union of Soviet 

Socialist Republics on the Elimination of Their IntermediateRange and Shorter-Range Missiles, signed at Washington 

December 8, 1987, and entered into force June 1, 1988. 

SEC. 1245. REPORT ON IMPLEMENTATION OF THE NEW START TREATY. 

(a) REPORT.—Not later than December 31, 2018, the President 

shall— 

(1) submit to the appropriate congressional committees a 

report as to whether— 

(A) the President has raised the issue of covered Russian systems in the appropriate fora with the Russian 

Federation under Article V of the New START Treaty 

or otherwise; and 

(B) if the President has raised the issue of covered 

Russian systems as described in subparagraph (A), the 

Russian Federation has responded to the United States 

as to whether the Russian Federation will agree to declare 

the covered Russian systems as strategic offensive arms 

or otherwise pursuant to the New START Treaty; 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2049 

(2) notify the appropriate congressional committees as to 

whether the position of the Russian Federation threatens the 

viability of the New START Treaty or requires appropriate 

United States political, economic, or military responses; and 

(3) submit to the congressional defense committees a report 

assessing the extent to which the nuclear modernization and 

infrastructure recapitalization programs of the Department of 

Defense and the National Nuclear Security Administration have 

met the requirements described in the resolution of ratification 

to accompany the New START Treaty, specifically the requirements described in subsections (a)(9), (a)(11), and (a)(13) of 

such resolution of ratification. 

(b) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(2) COVERED RUSSIAN SYSTEMS.—The term ‘‘covered Russian systems’’ means the following: 

(A) The heavy intercontinental missile system known 

as ‘‘Sarmat’’ or otherwise identified. 

(B) An air-launched nuclear-powered cruise missile 

known as ‘‘X-101’’ or otherwise identified. 

(C) An unmanned underwater vehicle known as ‘‘Status 

6’’ or otherwise identified. 

(D) The long-distance guided flight hypersonic weapons 

system known by ‘‘Avanguard’’ or otherwise identified. 

(3) NEW START TREATY.—The term ‘‘New START Treaty’’ 

means the Treaty between the United States of America and 

the Russian Federation on Measures for the Further Reduction 

and Limitation of Strategic Offensive Arms, signed at Prague 

April 8, 2010, and entered into force February 5, 2011. 

SEC. 1246. MODIFICATION AND EXTENSION OF UKRAINE SECURITY 

ASSISTANCE INITIATIVE. 

Section 1250 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as most 

recently amended by section 1234 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 

Stat. 1659), is further amended— 

(1) in subsection (b)— 

(A) by striking paragraph (8); 

(B) by redesignating paragraph (12) as paragraph (16); 

(C) by redesignating paragraphs (9) through (11) and 

(13) through (15) as paragraphs (8) through (13), respectively; 

(D) by inserting after paragraph (13) (as redesignated 

by subparagraph (C) of this paragraph) the following new 

paragraph: 

‘‘(14) Training required to maintain and employ systems 

and capabilities described in paragraphs (1) through (13).’’; 

and 

(E) by redesignating paragraph (16) (as redesignated 

by subparagraph (B) of this paragraph) as paragraph (15); 

(2) in subsection (c)— 


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132 STAT. 2050 PUBLIC LAW 115–232—AUG. 13, 2018 

(A) in paragraph (1), by striking ‘‘50 percent of the 

funds available for fiscal year 2018 pursuant to subsection 

(f)(3)’’ and inserting ‘‘50 percent of the funds available 

for fiscal year 2019 pursuant to subsection (f)(4)’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘The certification described’’ and 

inserting the following: 

‘‘(A) IN GENERAL.—The certification described’’; 

(ii) by striking ‘‘in such areas’’ and all that follows 

through ‘‘defense industrial sector’’ and inserting ‘‘in 

such areas as described in subparagraph (B)’’; 

(iii) by striking ‘‘subsection (a).’’ and inserting the 

following: ‘‘subsection (a). 

‘‘(B) AREAS DESCRIBED.—The areas described in this 

subparagraph are— 

‘‘(i) strengthening civilian control of the military; 

‘‘(ii) enhanced cooperation and coordination with 

Verkhovna Rada efforts to exercise oversight of the 

Ministry of Defense and military forces; 

‘‘(iii) increased transparency and accountability in 

defense procurement; 

‘‘(iv) improvement in transparency, accountability, 

sustainment, and inventory management in the 

defense industrial sector; and 

‘‘(v) protection of proprietary or sensitive technologies as such technologies relate to foreign military 

sales or transfers.’’; and 

(iv) by striking ‘‘The certification shall’’ and 

inserting the following: 

‘‘(C) ASSESSMENT.—The certification shall’’; 

(C) in paragraph (3), by striking ‘‘fiscal year 2018’’ 

and inserting ‘‘fiscal year 2019’’; and 

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

‘‘(5) LETHAL ASSISTANCE.—Of the funds available for fiscal 

year 2019 pursuant to subsection (f)(4), $50,000,000 shall be 

available only for lethal assistance described in paragraphs 

(2) and (3) of subsection (b).’’; 

(3) in subsection (f), by adding at the end the following: 

‘‘(4) For fiscal year 2019, $250,000,000.’’; and 

(4) in subsection (h), by striking ‘‘December 31, 2020’’ and 

inserting ‘‘December 31, 2021’’. 

SEC. 1247. EXTENSION OF LIMITATION ON MILITARY COOPERATION 

BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. 

(a) EXTENSION.—Subsection (a) of section 1232 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2488), as amended by section 1231 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91), is further amended in the matter preceding paragraph (1) 

by striking ‘‘fiscal year 2017 or 2018’’ and inserting ‘‘fiscal year 

2017, 2018, or 2019’’. 

(b) RULE OF CONSTRUCTION.—Such section is further 

amended— 

(1) by redesignating subsection (e) as subsection (f); and 

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


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2051 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall 

be construed to limit bilateral military-to-military dialogue between 

the United States and the Russian Federation for the purpose 

of reducing the risk of conflict.’’. 

SEC. 1248. SENSE OF CONGRESS ON ENHANCING DETERRENCE 

AGAINST RUSSIAN AGGRESSION IN EUROPE. 

(a) STATEMENT OF POLICY.—To protect the national security 

of the United States and fulfill the ironclad commitment of the 

United States to its obligations under the North Atlantic Treaty, 

it is the policy of the United States to pursue, in full coordination 

with the North Atlantic Treaty Organization (NATO), an integrated 

approach to strengthening the defense of allies and partners in 

Europe as part of a broader, long-term strategy backed by all 

elements of United States national power to deter and, if necessary, 

defeat Russian aggression. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

in order to strengthen the defense of United States allies and 

partners in Europe, the Secretary of Defense, in coordination with 

the Secretary of State and in consultation with the commander 

of United States European Command, should— 

(1) prioritize the need for additional United States forward 

presence in Europe, especially increased forward-stationed combat enablers to enhance United States capability and capacity; 

(2) review the balance of United States presence in Europe 

between rotationally deployed and forward-stationed forces to 

assure allies and partners in Europe and deter Russian aggression; 

(3) support robust United States security cooperation with, 

and security assistance for, Estonia, Latvia, and Lithuania, 

including through continuous and enduring presence of United 

States forces, training and support activities of United States 

special operations forces, and increased joint training and exercises to deter aggression, promote interoperability, build resilience, and enable NATO to take collective action if required; 

(4) continue rotational deployments of United States forces 

to southeastern Europe, including Romania and Bulgaria; 

(5) support enhanced defense cooperation with Poland, 

including continued presence of United States forces in Poland 

and increased training, exercises, and other activities focused 

on improving effective joint response in a crisis; 

(6) conduct exercises focused on demonstrating the capability to flow United States forces from the continental United 

States and surge forces from central to eastern Europe in 

a nonpermissive environment; 

(7) focus training activities of United States forces in 

Europe, including joint training with allied forces, on operating 

against adversary cyber, electronic warfare, and information 

operations capabilities; 

(8) support robust security sector assistance for Ukraine, 

including defensive lethal assistance, while promoting necessary reforms of the defense institutions of Ukraine; 

(9) support robust security sector assistance for Georgia, 

including defensive lethal assistance, to strengthen the defense 

capabilities and readiness of Georgia, and improve interoperability with NATO forces; 


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132 STAT. 2052 PUBLIC LAW 115–232—AUG. 13, 2018 

(10) execute enhanced military-to-military engagement 

between the United States and the militaries of the countries 

of the Western Balkans to promote interoperability with NATO, 

civilian control of the military, procurement reforms, and 

regional security cooperation; 

(11) develop and implement a comprehensive security 

cooperation strategy that integrates support for allies and partners in Europe, especially the allies and partners most directly 

threatened by Russian aggression and malign influence; and 

(12) in NATO or through other multilateral formats— 

(A) promote reforms to accelerate the speed of decision 

and deployability within NATO; 

(B) promote a more robust NATO defense planning 

process; 

(C) pursue planning agreements with allies and partners in Europe on rules of engagement and arrangements 

for command and control, access, transit, and support in 

crisis situations, which occur prior to an invocation of 

Article 5 of the Washington Treaty by the North Atlantic 

Council; 

(D) promote NATO operational readiness as a key element of alliance burden sharing alongside spending 

commitments made at the 2014 Wales Summit; 

(E) explore transitioning the Baltic air policing mission 

of NATO to a Baltic air defense mission; 

(F) support multilateral efforts to improve maritime 

domain awareness in the Baltic Sea; 

(G) support enhanced NATO-European Union cooperation, especially with respect to capability development and 

defense planning; 

(H) support coordinated NATO and European Union 

actions on expediting or waiving diplomatic clearances for 

the movement of United States and allied forces during 

contingencies; 

(I) support cooperative investment frameworks that 

promote increased military mobility in Europe; 

(J) expand cooperation and joint planning with allies 

and partners on intelligence, surveillance, and reconnaissance; 

(K) promote efforts to improve the capability and readiness of NATO Standing Maritime Groups; 

(L) encourage regular review and update of the Alliance 

Maritime Strategy of NATO to reflect the changing military 

balance in the Black Sea and increased military activity 

in the North Atlantic and Arctic Oceans; 

(M) explore increasing the frequency, scale, and scope 

of NATO and other multilateral exercises in the Black 

Sea with the participation of Ukraine and Georgia; 

(N) promote integration of United States Marines in 

Norway with the United Kingdom-led Joint Expeditionary 

Force to increase multilateral cooperation and interoperability between NATO and regional partners such as Sweden and Finland; and 

(O) affirm support for the Open Door policy of NATO, 

including the eventual membership of Georgia in NATO. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2053 

Subtitle E—Matters Relating to the IndoPacific Region 

SEC. 1251. NAME OF UNITED STATES INDO-PACIFIC COMMAND. 

(a) IN GENERAL.—The combatant command known as the 

United States Pacific Command shall be known as the ‘‘United 

States Indo-Pacific Command’’. Any reference to the United States 

Pacific Command in any law, regulation, map, document, record, 

or other paper of the United States shall be considered to be 

a reference to the United States Indo-Pacific Command. 

(b) CONFORMING AMENDMENTS.— (1) ANNUAL REPORT ON NON-FEDERALIZED SERVICE

NATIONAL GUARD PERSONNEL, TRAINING, AND EQUIPMENT

REQUIREMENTS.—Section 10504 of title 10, United States Code, 

as amended by section 1071(a)(31), is further amended in subsection (c), as redesignated by such section, in paragraph (3)(H) 

by striking ‘‘United States Pacific Command’’ and inserting 

‘‘United States Indo-Pacific Command’’. 

(2) CONTRACTING WITH THE ENEMY.—Section 843(4) of the 

Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 

10 U.S.C. 2302 note) is amended by striking ‘‘United States 

Pacific Command’’ and inserting ‘‘United States Indo-Pacific 

Command’’. 

SEC. 1252. REDESIGNATION, EXPANSION, AND EXTENSION OF SOUTHEAST ASIA MARITIME SECURITY INITIATIVE. 

(a) REDESIGNATION AS INDO-PACIFIC MARITIME SECURITY INITIATIVE.— 

(1) IN GENERAL.—Subsection (a)(2) of section 1263 of the 

National Defense Authorization Act for Fiscal Year 2016 (10 

U.S.C. 333 note) is amended by striking ‘‘the ‘Southeast Asia 

Maritime Security Initiative’ ’’ and inserting ‘‘the ‘Indo-Pacific 

Maritime Security Initiative’ ’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘SEC. 1263. INDO-PACIFIC MARITIME SECURITY INITIATIVE.’’. 

(b) EXPANSION.— 

(1) EXPANSION OF REGION TO RECEIVE ASSISTANCE AND

TRAINING.—Subsection (a)(1) of such section is amended by 

inserting ‘‘and the Indian Ocean’’ after ‘‘South China Sea’’ in 

the matter preceding subparagraph (A). 

(2) RECIPIENT COUNTRIES OF ASSISTANCE AND TRAINING GENERALLY.—Subsection (b) of such section is amended— 

(A) in paragraph (2), by striking the comma at the 

end and inserting a period; and 

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

‘‘(6) Bangladesh. 

‘‘(7) Sri Lanka.’’. 

(3) COUNTRIES ELIGIBLE FOR PAYMENT OF CERTAIN INCREMENTAL EXPENSES.—Subsection (e)(2) of such section is 

amended by adding at the end the following new subparagraph: 

‘‘(D) India.’’. 

(c) EXTENSION.—Subsection (h) of such section is amended by 

striking ‘‘September 30, 2020’’ and inserting ‘‘December 31, 2025’’. 

10 USC 161 note. 


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132 STAT. 2054 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1253. REDESIGNATION AND MODIFICATION OF SENSE OF CONGRESS AND INITIATIVE FOR THE INDO-ASIA-PACIFIC 

REGION. 

(a) REDESIGNATION.— 

(1) IN GENERAL.—Section 1251 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91) 

is amended by striking ‘‘Indo-Asia-Pacific’’ each place it appears 

and inserting ‘‘Indo-Pacific’’. 

(2) HEADING AMENDMENTS.— 

(A) SECTION HEADING.—The heading of such section 

is amended to read as follows: 

‘‘SEC. 1251. SENSE OF CONGRESS AND INITIATIVE FOR THE INDOPACIFIC REGION.’’. 

(B) SUBSECTION HEADINGS.—Such section is further 

amended in the headings of subsections (b) and (f) by 

striking ‘‘INDO-ASIA-PACIFIC’’ and inserting ‘‘INDO-PACIFIC’’. 

(b) MODIFICATION OF INITIATIVE.—Such section is further 

amended— 

(1) in subsection (c)— 

(A) by striking paragraphs (1) through (4) and inserting 

the following new paragraphs (1) through (4): 

‘‘(1) Activities to increase the rotational and forward presence, improve the capabilities, and enhance the posture of 

the United States Armed Forces in the Indo-Pacific region— 

‘‘(A) consistent with the National Defense Strategy; 

and 

‘‘(B) to the extent required to minimize the risk of 

execution of the contingency plans of the Department of 

Defense. 

‘‘(2) Activities to improve military and defense infrastructure, basing, logistics, and assured access in the Indo-Pacific 

region to enhance the responsiveness, survivability, and operational resilience of the United States Armed Forces in the 

Indo-Pacific region. 

‘‘(3) Activities to enhance the storage and pre-positioning 

in the Indo-Pacific region of equipment and munitions of the 

United States Armed Forces. 

‘‘(4) Bilateral and multilateral military training and exercises with allies and partner nations in the Indo-Pacific region.’’; 

and 

(B) in paragraph (5)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘security capacity’’ and all that follows through 

‘‘of allies’’ in subparagraph (B) and inserting ‘‘security 

capacity of allies’’; and 

(ii) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and indenting 

appropriately; 

(2) in subsection (d), by striking ‘‘only’’; 

(3) by amending subsection (e) to read as follows: 

‘‘(e) FIVE-YEAR PLAN FOR THE INDO-PACIFIC STABILITY INITIATIVE.— 

‘‘(1) PLAN REQUIRED.— 

‘‘(A) IN GENERAL.—Not later than March 1, 2019, the 

Secretary of Defense, in consultation with the Secretary 

of State, shall submit to the appropriate congressional 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2055 

committees a future years plan on activities and resources 

of the Initiative. 

‘‘(B) APPLICABILITY.—The plan shall apply to the Initiative with respect to fiscal year 2020 and at least the four 

succeeding fiscal years. 

‘‘(2) ELEMENTS.—The plan required under paragraph (1) 

shall include each of the following: 

‘‘(A) A description of the objectives of the Initiative. 

‘‘(B) A description of the manner in which such objectives support implementation of the National Defense 

Strategy and reduce the risk of execution of the contingency 

plans of the Department of Defense by improving the operational resilience of United States forces in the Indo-Pacific 

region. 

‘‘(C) An assessment of the resource requirements to 

achieve such objectives. 

‘‘(D) An assessment of any additional rotational or 

permanently stationed United States forces in the IndoPacific region required to achieve such objectives. 

‘‘(E) An assessment of the logistics requirements, 

including force enablers, equipment, supplies, storage, and 

maintenance, to achieve such objectives. 

‘‘(F) An identification and assessment of required infrastructure investments to achieve such objectives, including 

potential infrastructure investments by host countries and 

new construction or upgrades of existing sites that would 

be funded by the United States. 

‘‘(G) An assessment of any new agreements, or changes 

to existing agreements, with other countries for assured 

access required to achieve such objectives. 

‘‘(H) An assessment of security cooperation investments 

required to achieve such objectives. 

‘‘(3) FORM.—The plan required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex.’’; 

(4) by amending subsection (f) to read as follows: 

‘‘(f) INCLUSION IN BUDGET MATERIALS.—The Secretary of 

Defense shall include in the budget materials submitted by the 

Secretary in support of the budget of the President for fiscal year 

2020 (submitted pursuant to section 1105 of title 31, United States 

Code) the plan required under paragraph (1).’’; and 

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

‘‘(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘appropriate congressional committees’ 

means— 

‘‘(1) the congressional defense committees; and 

‘‘(2) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives.’’. 

SEC. 1254. ASSESSMENT OF AND REPORT ON GEOPOLITICAL CONDITIONS IN THE INDO-PACIFIC REGION. 

(a) ASSESSMENT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

select and enter into an agreement with an entity independent 

of the Department of Defense to conduct an assessment of 


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132 STAT. 2056 PUBLIC LAW 115–232—AUG. 13, 2018 

the geopolitical conditions in the Indo-Pacific region that are 

necessary for the successful implementation of the National 

Defense Strategy. 

(2) MATTERS TO BE INCLUDED.—The assessment required 

by paragraph (1) shall include a determination of the geopolitical conditions in the Indo-Pacific region, including any 

change in economic and political relations, that are necessary 

to support United States military requirements for forward 

defense, assured access, extensive forward basing, and alliance 

and partnership formation and strengthening in such region. 

(b) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the independent entity selected under subsection (a) shall submit to the appropriate committees of Congress 

a report on the results of the assessment conducted under that 

subsection. 

(c) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary shall 

provide the independent entity selected under subsection (a) with 

timely access to appropriate information, data, resources, and analyses necessary for the independent entity to conduct the assessment 

required by that subsection in a thorough and independent manner. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1255. SENSE OF CONGRESS ON EXTENDED NUCLEAR DETERRENCE IN THE INDO-PACIFIC REGION. 

It is the sense of Congress that— 

(1) the nuclear program of the Democratic People’s Republic 

of Korea poses a critical national security threat not only to 

the United States, but to the security and stability of the 

entire Indo-Pacific region, including South Korea, Japan, and 

Australia; 

(2) the nuclear and conventional forces of the United States 

continue to play a fundamental role in deterring aggression 

against its interests and the interests of its allies in the IndoPacific region and beyond; 

(3) the United States stands unwaveringly behind its treaty 

obligations and assurances, including those related to defense 

and extended nuclear deterrence, to South Korea, Japan, and 

Australia; 

(4) the complete, verifiable, and irreversible 

denuclearization of the Democratic People’s Republic of Korea 

remains a central foreign policy objective of the United States; 

(5) the status of any denuclearization or end-of-conflict 

agreement with the Democratic People’s Republic of Korea 

should not supersede such treaty obligations and assurances 

described in paragraph (3); and 

(6) the presence of United States Forces on the Korean 

Peninsula should remain strong and enduring. 

SEC. 1256. REINSTATEMENT OF REPORTING REQUIREMENTS WITH 

RESPECT TO UNITED STATES-HONG KONG RELATIONS. 

Section 301 of the United States-Hong Kong Policy Act of 

1992 (22 U.S.C. 5731) is amended— 

(1) in the matter preceding paragraph (1)— 


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(A) by striking ‘‘Not later than’’ and inserting ‘‘(a) 

IN GENERAL.— Not later than’’; 

(B) by striking ‘‘March 31, 1993’’ and all that follows 

through ‘‘March 31, 2006’’ and inserting ‘‘March 31, 2019, 

and annually thereafter through 2024,’’; and 

(C) by striking ‘‘transmit to the Speaker’’ and all that 

follows through ‘‘the Senate’’ and inserting ‘‘submit to the 

appropriate congressional committees’’; and 

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

‘‘(b) FORM.—The report required by subsection (a) shall be 

submitted in unclassified form and shall be published on a publicly 

available website of the Department of State. 

‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional committees’ means— 

‘‘(1) the Committee on Foreign Relations and the Committee 

on Armed Services of the Senate; and 

‘‘(2) the Committee on Foreign Affairs and the Committee 

on Armed Services of the House of Representatives.’’. 

SEC. 1257. STRENGTHENING TAIWAN’S FORCE READINESS. 

(a) DEFENSE ASSESSMENT.—The Secretary of Defense shall, in 

consultation with appropriate counterparts of Taiwan, conduct a 

comprehensive assessment of Taiwan’s military forces, particularly 

Taiwan’s reserves. The assessment shall provide recommendations 

to improve the efficiency, effectiveness, readiness, and resilience 

of Taiwan’s self-defense capability in the following areas: 

(1) Personnel management and force development, particularly reserve forces. 

(2) Recruitment, training, and military programs. 

(3) Command, control, communications and intelligence. 

(4) Technology research and development. 

(5) Defense article procurement and logistics. 

(6) Strategic planning and resource management. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretary of State, shall submit to the 

appropriate congressional committees a report containing each 

of the following: 

(A) A summary of the assessment conducted pursuant 

to subsection (a). 

(B) A list of any recommendations resulting from such 

assessment. 

(C) A plan for the United States, including by using 

appropriate security cooperation authorities, to— 

(i) facilitate any relevant recommendations from 

such list; 

(ii) expand senior military-to-military engagement 

and joint training by the United States Armed Forces 

with the military of Taiwan; and 

(iii) support United States foreign military sales 

and other equipment transfers to Taiwan, particularly 

for developing asymmetric warfare capabilities. 

(2) APPROPRIATE SECURITY COOPERATION AUTHORITIES.—For 

purposes of the plan described in paragraph (1)(C), the term 

‘‘appropriate security cooperation authorities’’ means— 


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(A) section 311 of title 10, United States Code (relating 

to exchange of defense personnel); 

(B) section 332 such title (relating to defense institution 

building); and 

(C) other security cooperation authorities under 

chapter 16 of such title. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this 

subsection, the term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

SEC. 1258. SENSE OF CONGRESS ON TAIWAN. 

It is the sense of Congress that— 

(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and 

the ‘‘Six Assurances’’ are both cornerstones of United States 

relations with Taiwan; 

(2) the United States should strengthen defense and security cooperation with Taiwan to support the development of 

capable, ready, and modern defense forces necessary for Taiwan 

to maintain a sufficient self-defense capability; 

(3) the United States should strongly support the acquisition by Taiwan of defensive weapons through foreign military 

sales, direct commercial sales, and industrial cooperation, with 

a particular emphasis on asymmetric warfare and undersea 

warfare capabilities, consistent with the Taiwan Relations Act; 

(4) the United States should improve the predictability 

of arms sales to Taiwan by ensuring timely review of and 

response to requests of Taiwan for defense articles and defense 

services; 

(5) the Secretary of Defense should promote Department 

of Defense policies concerning exchanges that enhance the security of Taiwan, including— 

(A) opportunities for practical training and military 

exercises with Taiwan; and 

(B) exchanges between senior defense officials and general officers of the United States and Taiwan consistent 

with the Taiwan Travel Act (Public Law 115–135); 

(6) the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief; and 

(7) the Secretary of Defense should consider supporting 

the visit of a United States hospital ship to Taiwan as part 

of the annual ‘‘Pacific Partnership’’ mission in order to improve 

disaster response planning and preparedness as well as to 

strengthen cooperation between the United States and Taiwan. 

SEC. 1259. PROHIBITION ON PARTICIPATION OF THE PEOPLE’S 

REPUBLIC OF CHINA IN RIM OF THE PACIFIC (RIMPAC) 

NAVAL EXERCISES. 

(a) CONDITIONS FOR FUTURE PARTICIPATION IN RIMPAC.— 

(1) IN GENERAL.—The Secretary of Defense shall not enable 

or facilitate the participation of the People’s Republic of China 

in any Rim of the Pacific (RIMPAC) naval exercise unless 

the Secretary certifies to the congressional defense committees 

that China has— 

10 USC 321 note. 


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(A) ceased all land reclamation activities in the South 

China Sea; 

(B) removed all weapons from its land reclamation 

sites; and 

(C) established a consistent four-year track record of 

taking actions toward stabilizing the region. 

(2) FORM.—The certification under paragraph (1) shall be 

in unclassified form but may contain a classified annex as 

necessary. 

(b) NATIONAL SECURITY WAIVER.— 

(1) IN GENERAL.—The Secretary of Defense may waive the 

certification requirement under subsection (a) if the Secretary 

determines the waiver is in the national security interest of 

the United States and submits to the congressional defense 

committees a detailed justification for the waiver. 

(2) FORM.—The justification required under paragraph (1) 

shall be in unclassified form but may contain a classified annex 

as necessary. 

SEC. 1260. MODIFICATION OF ANNUAL REPORT ON MILITARY AND 

SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S 

REPUBLIC OF CHINA. 

Section 1202(b) of the National Defense Authorization Act for 

Fiscal Year 2000 (10 U.S.C. 113 note) is amended— 

(1) by redesignating paragraphs (6) through (16) and (17) 

through (23) as paragraphs (7) through (17) and (19) through 

(25), respectively; 

(2) by inserting after paragraph (5) the following new paragraph (6): 

‘‘(6) China’s overseas military basing and logistics infrastructure.’’; 

(3) in paragraph (8), as so redesignated, by striking 

‘‘including technology transfers and espionage’’ in the first sentence and inserting ‘‘including by espionage and technology 

transfers through investment, industrial espionage, cybertheft, 

academia, and other means’’; 

(4) by inserting after paragraph (17), as so redesignated, 

the following new paragraph (18): 

‘‘(18) An assessment of relations between China and the 

Russian Federation with respect to security and military matters.’’; and 

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

‘‘(26) The relationship between Chinese overseas investment, including initiatives such as the Belt and Road Initiative, 

and Chinese security and military strategy objectives. 

‘‘(27) Efforts by the Government of the People’s Republic 

of China to influence the media, cultural institutions, business, 

and academic and policy communities of the United States 

to be more favorable to its security and military strategy and 

objectives. 

‘‘(28) Efforts by the Government of the People’s Republic 

of China to use nonmilitary tools in other countries, including 

diplomacy and political coercion, information operations, and 

economic pressure, including predatory lending practices, to 

support its security and military objectives.’’. 


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SEC. 1261. UNITED STATES STRATEGY ON CHINA. 

(a) STATEMENT OF POLICY.—Congress declares that long-term 

strategic competition with China is a principal priority for the 

United States that requires the integration of multiple elements 

of national power, including diplomatic, economic, intelligence, law 

enforcement, and military elements, to protect and strengthen 

national security. 

(b) STRATEGY REQUIRED.— (1) IN GENERAL.—Not later than March 1, 2019, the President shall submit to the appropriate congressional committees 

a report containing a whole-of-government strategy with respect 

to the People’s Republic of China. 

(2) ELEMENTS OF STRATEGY.—The strategy required by 

paragraph (1) shall include the following: 

(A) Strategic assessments of and planned responses 

to address the following activities by the Chinese Communist Party: 

(i) The use of political influence, information operations, censorship, and propaganda to undermine 

democratic institutions and processes, and the freedoms of speech, expression, press, and academic 

thought. 

(ii) The use of intelligence networks to exploit open 

research and development. 

(iii) The use of economic tools, including market 

access and investment to gain access to sensitive 

United States industries. 

(iv) Malicious cyber activities. 

(v) The use of investment, infrastructure, and 

development projects, such as China’s Belt and Road 

Initiative, in Africa, Europe, Central Asia, South 

America, and the Indo-Pacific region, and the Polar 

Silk Road in the Arctic, as a means to gain access 

and influence. 

(vi) The use of military activities, capabilities, and 

defense installations, and hybrid warfare methods, 

short of traditional armed conflict, against the United 

States or its allies and partners. 

(B) Available or planned methods to enhance strategic 

communication to counter Chinese influence and promote 

United States interests. 

(C) An identification of the key diplomatic, development, intelligence, military, and economic resources necessary to implement the strategy. 

(D) A plan to maximize the coordination and effectiveness of such resources to counter the threats posed by 

the activities described in subparagraph (A). 

(E) Available or planned interagency mechanisms for 

the coordination and implementation of the strategy. 

(3) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

(4) ANNUAL BUDGET SUBMISSION.—The President shall 

ensure that the annual budget submitted to Congress pursuant 

to section 1105 of title 31, United States Code, clearly highlights 

the programs and projects proposed to be funded that relate 

to the strategy required by paragraph (1). 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2061 

(5) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘‘appropriage congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, the Select Committee on Intelligence, 

the Committee on Finance, the Committee on Homeland 

Security and Governmental Affairs, the Committee on the 

Judiciary, the Committee on Commerce, Science, and 

Transportation, and the Committee on the Budget of the 

Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, the Permanent Select Committee on 

Intelligence, the Committee on Financial Services, the Committee on Homeland Security, the Committee on the 

Judiciary, the Committee on Energy and Commerce, and 

the Committee on the Budget of the House of Representatives. 

SEC. 1262. REPORT ON MILITARY AND COERCIVE ACTIVITIES OF THE 

PEOPLE’S REPUBLIC OF CHINA IN SOUTH CHINA SEA. 

(a) IN GENERAL.—Except as provided in subsection (d), immediately after the commencement of any significant reclamation, 

assertion of an excessive territorial claim, or militarization activity 

by the People’s Republic of China in the South China Sea, including 

any significant military deployment or operation or infrastructure 

construction, the Secretary of Defense, in coordination with the 

Secretary of State, shall submit to the appropriate congressional 

committees, and release to the public, a report on the military 

and coercive activities of China in the South China Sea in connection with such activity. 

(b) ELEMENTS OF REPORT TO PUBLIC.—Each report on the 

commencement of a significant reclamation, an assertion of an 

excessive territorial claim, or a militarization activity under subsection (a) shall include a short narrative on, and one or more 

corresponding images of, such commencement of a significant reclamation, assertion of an excessive territorial claim, or militarization activity. 

(c) FORM.— 

(1) SUBMISSION TO CONGRESS.—Any report under subsection 

(a) that is submitted to the appropriate congressional committees shall be submitted in unclassified form, but may include 

a classified annex. 

(2) RELEASE TO PUBLIC.—If a report under subsection (a) 

is released to the public, such report shall be so released 

in unclassified form. 

(d) WAIVER.— 

(1) RELEASE OF REPORT TO PUBLIC.—The Secretary of 

Defense may waive the requirement in subsection (a) for the 

release to the public of a report on the commencement of 

any significant reclamation, an assertion of an excessive territorial claim, or a militarization activity by the People’s Republic 

of China in the South China Sea if the Secretary determines 

that the release to the public of a report on such activity 

under that subsection in the form required by subsection (c)(2) 

would have an adverse effect on the national security interests 

of the United States. 

(2) NOTICE TO CONGRESS.—If the Secretary issues a waiver 

under paragraph (1) with respect to a report on an activity, 

10 USC 113 note. 


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not later than 48 hours after the Secretary issues such waiver, 

the Secretary shall submit to the appropriate congressional 

committees written notice of, and justification for, such waiver. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives. 

SEC. 1263. REQUIREMENT FOR CRITICAL LANGUAGES AND EXPERTISE 

IN CHINESE, KOREAN, RUSSIAN, FARSI, AND ARABIC. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall— 

(1) evaluate the operational requirements for members of 

the Armed Forces possessing foreign language expertise in critical languages, including Chinese, Korean, Russian, Farsi, and 

Arabic; and 

(2) submit to the congressional defense committees a plan 

to address any shortfalls in these critical areas. 

SEC. 1264. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL 

NUMBER OF MEMBERS OF THE ARMED FORCES SERVING 

ON ACTIVE DUTY WHO ARE DEPLOYED TO THE REPUBLIC 

OF KOREA. 

None of the funds authorized to be appropriated by this Act 

may be used to reduce the total number of members of the Armed 

Forces serving on active duty who are deployed to the Republic 

of Korea below 22,000 unless the Secretary of Defense first certifies 

to the congressional defense committees the following: 

(1) Such a reduction is in the national security interest 

of the United States and will not significantly undermine the 

security of United States allies in the region. 

(2) The Secretary has appropriately consulted with allies 

of the United States, including the Republic of Korea and 

Japan, regarding such a reduction. 

SEC. 1265. REPORTS ON NUCLEAR CAPABILITIES OF THE DEMOCRATIC 

PEOPLE’S REPUBLIC OF KOREA. 

(a) BASELINE REPORT.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, the Secretary of 

State, and the Secretary of Energy, shall submit to the appropriate 

committees of Congress a report on the status of the nuclear program of the Democratic People’s Republic of Korea to establish 

a baseline of progress for negotiations with the Democratic People’s 

Republic of Korea with respect to denuclearization. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following, to the extent known or suspected: 

(1) A description of the location, quantity, capability, and 

operational status of the nuclear weapons and other weapons 

of mass destruction, including chemical and biological weapons, 

of the Democratic People’s Republic of Korea. 

(2) A description of the location of the research, development, production, and testing facilities, including covert facilities, for the nuclear weapons and other weapons of mass 


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destruction, including chemical and biological weapons, of the 

Democratic People’s Republic of Korea. 

(3) A description of the location, quantity, capability, and 

operational status of fixed ballistic missile launch sites, and 

assessments of capability and readiness of mobile land and 

at-sea launch platforms of the Democratic People’s Republic 

of Korea. 

(4) A description of the location of the ballistic missile 

manufacturing and assembly facilities of the Democratic People’s Republic of Korea. 

(5) An assessment of any intelligence gaps and confidence 

levels with respect to the information required by this subsection and verification or inspection measures that may fill 

such gaps. 

(c) UPDATES.— (1) IN GENERAL.—In the case of an agreement, not later 

than 60 days after the date on which the agreement is reached, 

and every 90 days thereafter, the report required by subsection 

(a) shall be augmented by a written update. 

(2) ELEMENTS.—Each written update under paragraph (1) 

shall include the following for the preceding 90-day period: 

(A) A description of the number of nuclear weapons, 

other weapons of mass destruction, including chemical and 

biological weapons, and ballistic missiles verifiably dismantled, destroyed, rendered permanently unusable, or transferred out of the Democratic People’s Republic of Korea. 

(B) An identification of the location of research, 

development, production, and testing facilities for nuclear 

weapons and other weapons of mass destruction, including 

chemical and biological weapons, in the Democratic People’s 

Republic of Korea identified and verifiably dismantled, 

destroyed, or rendered permanently unusable. 

(C) An identification of the location of ballistic missile 

manufacturing and assembly facilities in the Democratic 

People’s Republic of Korea verifiably dismantled, destroyed, 

or rendered permanently unusable. 

(D) A description of the number of nuclear weapons 

and ballistic missiles that remain in or under the control 

of the Democratic People’s Republic of Korea. 

(E) An assessment of the progress made in extending 

the breakout period required for the Democratic People’s 

Republic of Korea to reconstitute its nuclear weapons program and build a nuclear weapon, as such progress relates 

to the information required by subparagraphs (A) through 

(D). 

(d) VERIFICATION ASSESSMENT REPORT.—Not later than 180 

days after the date on which the report required by subsection 

(a) is submitted, and every 180 days thereafter, the written update 

required under paragraph (1) of subsection (c) shall include, in 

addition to the information required by subparagraphs (A) through 

(E) of that subsection, the following for the preceding 180-day 

period: 

(1) An assessment of the establishment of safeguards, other 

control mechanisms, and other assurances secured from the 

Democratic People’s Republic of Korea to ensure the activities 

of the Democratic People’s Republic of Korea permitted under 

any agreement will not be used to further any nuclear-related 


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military or nuclear explosive purpose, including research on 

or development of a nuclear explosive device. 

(2) An assessment of the capacity of the United States 

or an international organization, including the International 

Atomic Energy Agency, to effectively access and investigate 

suspicious sites in the Democratic People’s Republic of Korea 

or allegations of covert nuclear-related activities, including storage sites for nuclear weapons. 

(e) APPLICABILITY.—Subsections (c) and (d) shall apply only 

in the case of an agreement. 

(f) SUNSET.—The section shall cease to be effective on the 

date that is three years after the date of the enactment of this 

Act. 

(g) DEFINITIONS.—In this section: 

(1) AGREEMENT.—The term ‘‘agreement’’ means an interim 

or final agreement between the United States and the Democratic People’s Republic of Korea with respect to the 

denuclearization of the Democratic People’s Republic of Korea 

that includes a commitment by the Democratic People’s 

Republic of Korea— 

(A) to reduce the nuclear arsenal of the Democratic 

People’s Republic of Korea; or 

(B) to otherwise discontinue, reduce, or suspend the 

nuclear program of the Democratic People’s Republic of 

Korea. 

(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, 

and the Committee on Appropriations of the Senate; and 

(B) the Committee on Armed Services, the Permanent 

Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1266. MODIFICATION OF REPORT REQUIRED UNDER ENHANCING 

DEFENSE AND SECURITY COOPERATION WITH INDIA. 

Subsection (a)(2) of section 1292 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2559; 22 U.S.C. 2751 note) is amended— 

(1) by striking ‘‘Not later than’’ and inserting the following: 

‘‘(A) IN GENERAL.—Not later than’’; 

(2) by inserting ‘‘until December 31, 2021’’ after ‘‘annually 

thereafter’’; and 

(3) by striking the second sentence and inserting the following: 

‘‘(B) CONTENTS.—The report shall also include— 

‘‘(i) a forward-looking strategy with specific benchmarks for measurable progress toward enhancing 

India’s status as a major defense partner and defense 

and security cooperation with India; 

‘‘(ii) a description of any limitations that hinder 

or slows progress in implementing the actions 

described in subparagraphs (A) through (L) of paragraph (1); 

‘‘(iii) a description of actions India is taking, or 

the actions the Secretary of Defense or the Secretary 


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of State believe India should take, to advance the 

relationship between the United States, including 

actions relating to subparagraphs (A) through (L) of 

paragraph (1); 

‘‘(iv) a description of the measures that can be 

taken by the United States and India to improve interoperability; and 

‘‘(v) a description of the progress made in enabling 

agreements between the United States and India.’’. 

Subtitle F—Reports and Other Matters 

SEC. 1271. MODIFICATION OF AUTHORITIES RELATING TO ACQUISITION AND CROSS-SERVICING AGREEMENTS. 

(a) PROHIBITIONS.—Section 2342 of title 10, United States Code, 

is amended— 

(1) by redesignating subsection (d) as subsection (f); and 

(2) by inserting after subsection (c) the following new subsections (d) and (e): 

‘‘(d) The Secretary of Defense may not use an agreement with 

any government or an organization described in subsection (a)(1) 

to facilitate the transfer of logistic support, supplies, and services 

to any country or organization with which the Secretary has not 

signed an agreement described in subsection (a)(2). 

‘‘(e) An agreement described in subsection (a)(2) may not provide or otherwise constitute a commitment for the introduction 

of the armed forces into hostilities.’’. 

(b) ANNUAL REPORTS.—Such section is further amended by 

adding at the end the following new subsection: 

‘‘(g) Not later than January 15 each year, the Secretary of 

Defense shall submit to the appropriate committees of Congress 

a report on acquisition and cross-servicing activities that sets forth, 

in detail, the following: 

‘‘(1) A list of agreements in effect pursuant to subsection 

(a)(1) during the preceding fiscal year. 

‘‘(2) The date on which each agreement listed under paragraph (1) was signed, and, in the case of an agreement with 

a country that is not a member of the North Atlantic Treaty 

Organization, the date on which the Secretary notified Congress 

pursuant to subsection (b)(2) of the designation of such country 

under subsection (a). 

‘‘(3) The total dollar amount and major categories of logistic 

support, supplies, and services provided during the preceding 

fiscal year under each such agreement. 

‘‘(4) The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services 

received under each such agreement. 

‘‘(5) With respect to the calendar year during which the 

report is submitted, an assessment of the following: 

‘‘(A) The anticipated logistic support, supplies, and 

services requirements of the United States. 

‘‘(B) The anticipated requirements of other countries 

for United States logistic support, supplies, and services.’’. 

(c) DEFINITIONS.—Such section is further amended— 

(1) in subsection (b)(2), by striking ‘‘the Committee on 

Armed Services’’ the first place it appears and all that follows 


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through ‘‘the House of Representatives’’ and inserting ‘‘the 

appropriate committees of Congress’’; and 

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

‘‘(h) In this section, the term ‘appropriate committees of Congress’ means— 

‘‘(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

‘‘(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives.’’. 

SEC. 1272. UNITED STATES-ISRAEL COUNTERING UNMANNED AERIAL 

SYSTEMS COOPERATION. 

(a) AUTHORITY TO COUNTER UNMANNED AERIAL SYSTEMS.— Section 1279(a) of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 22 U.S.C. 8606 note), as most 

recently amended by section 1278 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 

Stat. 1700), is further amended by inserting ‘‘and to establish 

capabilities for countering unmanned aerial systems’’ after ‘‘underground tunnels’’. 

(b) LIMITATION ON FUNDING.—None of the funds authorized 

to be appropriated or otherwise made available by this Act to 

carry out the authority provided by the amendment made by subsection (a) may be obligated or expended until the date that is 

15 days after the date on which the Secretary of Defense submits 

to the congressional defense committees, the Committee on Foreign 

Relations of the Senate, and the Committee on Foreign Affairs 

of the House of Representatives a report describing the cooperation 

of the United States with Israel with respect to countering 

unmanned aerial systems pursuant to the authority granted by 

such amendment that includes each of the following: 

(1) An identification of specific capability gaps of the United 

States and Israel with respect to countering unmanned aerial 

systems. 

(2) An identification of cooperative projects that would 

address those capability gaps and mutually benefit and 

strengthen the security of the United States and Israel. 

(3) An assessment of the projected cost for research and 

development efforts for such cooperative projects, including an 

identification of those to be conducted in the United States, 

and the timeline for the completion of each such project. 

(4) The extent to which the capability gaps of the United 

States identified pursuant to paragraph (1) are not likely to 

be addressed through the cooperative projects identified pursuant to paragraph (2). 

(5) An assessment of the projected costs for procurement 

and fielding of any capabilities developed jointly, pursuant to 

the authority granted by the amendment made by subsection 

(a). 

SEC. 1273. ENHANCEMENT OF U.S.-ISRAEL DEFENSE COOPERATION. 

(a) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.—Section 12001(d) of the Department of Defense Appropriations Act, 

2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking 

‘‘after September 30, 2018’’ and inserting ‘‘after September 30, 

2023’’. 

(b) JOINT ASSESSMENT OF QUANTITY OF PRECISION GUIDED

MUNITIONS FOR USE BY ISRAEL.— 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2067 

(1) IN GENERAL.—The President is authorized to conduct 

a joint assessment with the Government of Israel with respect 

to the matters described in paragraph (2). 

(2) MATTERS DESCRIBED.—The matters described in this 

paragraph are the following: 

(A) The quantity and type of precision guided munitions that are necessary for Israel to combat Hezbollah 

in the event of a sustained armed confrontation between 

Israel and Hezbollah. 

(B) The quantity and type of precision guided munitions that are necessary for Israel in the event of a sustained armed confrontation with other armed groups and 

terrorist organizations, such as Hamas. 

(C) The resources the Government of Israel would need 

to dedicate to acquire such precision guided munitions. 

(D) United States planning to assist Israel to prepare 

for a sustained armed confrontation described in subparagraph (A) or (B), as well as the ability of the United 

States to resupply Israel in the event of such a confrontation. 

(E) The current United States inventory of the precision guided munitions described in subparagraphs (A) and 

(B), and whether such inventory meets the United States 

total munitions requirement. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than 15 days after the date 

on which the joint assessment authorized under subsection 

(b) is completed, the President shall submit to the appropriate 

congressional committees a report that contains the joint 

assessment. 

(2) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may contain a classified 

annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and 

(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 

SEC. 1274. REVIEW TO DETERMINE WHETHER THE ARMED FORCES 

OR COALITION PARTNERS OF THE UNITED STATES VIOLATED FEDERAL LAW OR DEPARTMENT OF DEFENSE 

POLICY WHILE CONDUCTING OPERATIONS IN YEMEN. 

(a) IN GENERAL.—The Secretary of Defense shall conduct a 

review to determine whether the Armed Forces or coalition partners 

of the United States violated Federal law, the laws of armed conflict, 

or Department of Defense policy while conducting operations in 

Yemen. 

(b) MATTERS TO BE INCLUDED.—The review required under 

subsection (a) shall also seek to determine the following: 

(1) Whether the Armed Forces interrogated Yemeni citizens 

in prisons within Yemen or provided questions to any United 

States coalition partner for use in such interrogations, and 

whether such interrogations or actions were consistent with 

United States law and policy. 


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(2) Whether the Armed Forces violated the prohibitions 

of section 362 of title 10, United States Code, while conducting 

operations in Yemen. 

(3) Whether any United States coalition partner committed 

gross violations of internationally recognized human rights 

while conducting operations in Yemen that would make such 

coalition partner ineligible for any training, equipment, or other 

assistance for a unit of a foreign security force under section 

362 of title 10, United States Code. 

(4) Whether a waiver or exception has been granted to 

any United States coalition partner under section 362 of title 

10, United States Code, while conducting operations in Yemen. 

(c) REPORT.— (1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report that contains— 

(A) the findings from the review required under subsection (a); 

(B) an analysis of— 

(i) the detention and interrogation policies and 

guidance of the Department of Defense; and 

(ii) the application of such policies and guidance 

to the detention and interrogation operations of allies 

and partners that are supported by the United States; 

(C) an assessment of United States responsibilities 

and obligations under Federal law, the laws of armed conflict, relevant treaties and agreements, and any other 

applicable law relating to the treatment of detainees held 

by allies or partners with United States support; 

(D) an assessment of any applicable policy requirements or considerations in addition to such responsibilities 

and obligations; 

(E) an assessment of the compliance standards and 

enforcement mechanisms associated with such responsibilities, obligations, policy requirements, or considerations; 

(F) a description of any assurances required to be 

obtained from allies and partners with respect to the treatment of detainees in custody when the United States is 

involved in the capture or interrogation of such detainees, 

including the manner in which and level at which such 

assurances are provided; 

(G) a description of the means by which the Department of Defense determines whether allies and partners 

comply with such assurances; 

(H) an explanation of the extent to which United States 

support for the detention and interrogation operations of 

allies and partners is conditioned on their compliance with 

such assurances; and 

(I) a description of the procedures used to report violations of detainee treatment standards, including procedures 

relating to violations occurring at facilities operated by 

allied or partner countries. 

(2) FORM.—The report required under this section shall 

be submitted in unclassified form, but may contain a classified 

annex. 


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(d) DEFINITIONS.—In this subsection: 

(1) COALITION PARTNER.—The term ‘‘coalition partner’’ has 

the meaning given such term in paragraph (3) of section 948a 

of title 10, United States Code. 

(2) GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED

HUMAN RIGHTS.—The term ‘‘gross violations of internationally 

recognized human rights’’ has the meaning given such term 

in subsection (d)(1) of section 502B of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2304). 

SEC. 1275. REPORT ON UNITED STATES GOVERNMENT SECURITY 

COOPERATION AND ASSISTANCE PROGRAMS WITH 

MEXICO. 

(a) REPORT REQUIRED.—Not later than July 1, 2019, the Secretary of Defense and Secretary of State shall submit to the appropriate congressional committees a report on United States Government programs relating to security cooperation with and assistance 

to Mexico. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description of United States national security 

interests in Mexico. 

(2) A description of the security environment in Mexico, 

including descriptions of the threats to United States interests 

posed by violence related to drug trafficking and cartel activity. 

(3) A description of all United States security cooperation 

and assistance programs in Mexico, including descriptions of 

the purpose, objectives, and type of training, equipment, or 

assistance provided, the lead agency with responsibility for 

each such program, and how such programs advance the 

nationals security interests of the United States. 

(4) A description of the cost, scope, size, and components 

of such programs for fiscal years 2017 and 2018, including 

for each such program the following: 

(A) The purpose and objectives of the program. 

(B) The authority or authorities under which the program is conducted. 

(C) The types of units receiving assistance, including 

components of the Mexican Armed Forces, national police, 

gendarmerie, counternarcotics police, counterterrorism 

police, Formed Police Units, border security, and customs. 

(D) The funding and personnel levels for the program 

in each such fiscal year, future year costs, including 

sustainment costs, over the next five fiscal years, and any 

required increases of capacity to support the program, as 

appropriate. 

(E) The extent to which the program is implemented 

by contractors or United States Government personnel. 

(F) The metrics for assessing the effectiveness of such 

training, equipment, or assistance provided. 

(5) An evaluation of the appropriate role of United States 

Government departments and agencies in carrying out and 

coordinating such programs. 

(6) An evaluation of the appropriate role of contractors 

in carrying out such programs, and what modifications, if any, 

are needed to improve oversight of such contractors. 


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(7) Any other matters determined appropriate by the Secretary of Defense and Secretary of State. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Relations, the Committee 

on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate and the Committee on 

Foreign Affairs, the Committee on Homeland Security, and 

the Committee on the Judiciary of the House of Representatives. 

SEC. 1276. REPORT ON DEPARTMENT OF DEFENSE MISSIONS, OPERATIONS, AND ACTIVITIES IN NIGER. 

(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation as appropriate with the Secretary of State, shall 

submit to the congressional defense committees, the Committee 

on Foreign Relations of the Senate, and the Committee on 

Foreign Affairs of the House of Representatives a report on 

the missions, operations, and activities of the Department of 

Defense in Niger that includes the following: 

(A) A description of the objectives and the associated 

lines of efforts of the Department in Niger, and the benchmarks for assessing progress toward such objectives. 

(B) A description of the timeline for achieving such 

objectives in Niger. 

(C) A justification of the relevance of such objectives 

in Niger to the national security of the United States 

and to the objectives in the National Defense Strategy. 

(D) A description of steps the Department is taking 

to ensure that security cooperation in Niger is effectively 

coordinated with the diplomatic and development activities 

of the Department of State and the United States Agency 

for International Development. 

(E) Consistent with the report required by section 1212 

of this Act, a description of the legal, operational, and 

funding authorities relating to the lines of effort of the 

Department in Niger. 

(F) An identification of measures to mitigate operational risk to and increase the preparedness of members 

of the Armed Forces conducting missions, operations, or 

activities in Niger. 

(G) An assessment of the command and support relationships of United States Africa Command with subordinate commands associated with missions, operations, and 

activities in Niger, including Special Operations Command 

Africa. 

(H) A description of each recommendation included 

the Army Regulation 15-6 investigation report conducted 

by United States Africa Command regarding the incident 

in Niger on October 4, 2017, the current implementation 

status of such recommendation, and a projected 

implementation timeline for any recommendation not yet 

implemented or a justification for not implementing such 

recommendation. 


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(I) An identification of the measures taken, consistent 

with such investigation report, to mitigate risk to and 

increase the preparedness of members of the Armed Forces 

conducting missions, operations, or activities in Niger and 

throughout Africa. 

(J) Any other matter the Secretary determines to be 

appropriate. 

(2) SCOPE OF REPORT.—The report required by paragraph 

(1) may also include information with respect to United States 

missions, operations, and activities in other countries in the 

region, as appropriate. 

(b) FORM.—The report required by subsection (a)(1) shall be 

submitted in unclassified form but may contain a classified annex. 

SEC. 1277. REPORT ON THE SECURITY RELATIONSHIP BETWEEN THE 

UNITED STATES AND THE REPUBLIC OF CYPRUS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional 

committees a report on the security relationship between the United 

States and the Republic of Cyprus. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of ongoing military and security cooperation between the United States and the Republic of Cyprus. 

(2) A discussion of potential steps for enhancing the 

bilateral security relationship between the United States and 

the Republic of Cyprus, including steps to enhance the military 

and security capabilities of the Republic of Cyprus. 

(3) An analysis of the effectiveness of the United States 

arms embargo policy to deny applications for licenses and other 

approvals for the export of defense articles and defense services 

to the armed forces of the Republic of Cyprus, and the impact 

of such United States policy on— 

(A) the bilateral security relationship between the 

United States and the Republic of Cyprus; and 

(B) the ability of the United States and partners of 

the United States to achieve shared security objectives 

in the Eastern Mediterranean region. 

(4) An analysis of the extent to which such United States 

policy is consistent with overall United States security and 

policy objectives in the Eastern Mediterranean region. 

(5) An assessment of the potential impact of lifting such 

United States policy on United States interests relating to 

the Republic of Cyprus and the Eastern Mediterranean region. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Relations of the Senate and 

the Committee on Foreign Affairs of the House of Representatives. 

SEC. 1278. SENSE OF CONGRESS ON DETENTION OF UNITED STATES 

CITIZENS BY THE GOVERNMENT OF THE REPUBLIC OF 

TURKEY. 

It is the sense of Congress that— 


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132 STAT. 2072 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) the Government of the Republic of Turkey continues 

to unlawfully and wrongfully detain United States citizens, 

including Andrew Brunson and Serkan Golge, and staff of 

United States missions in the Republic of Turkey; and 

(2) consistent with the obligations of the Government of 

the Republic of Turkey under the North Atlantic Treaty, which 

commits North Atlantic Treaty Organization allies to safeguard 

‘‘the principles of democracy, individual liberty, and the rule 

of law’’, the Government of the Republic of Turkey should 

immediately release all United States citizens who have been 

wrongfully detained and resolve such cases in a timely, fair, 

and transparent manner. 

SEC. 1279. TECHNICAL AMENDMENTS RELATED TO NATO SUPPORT 

AND PROCUREMENT ORGANIZATION AND RELATED NATO 

AGREEMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Section 2350d of title 

10, United States Code, is amended— 

(1) by striking ‘‘NATO Support Organization’’ each place 

it appears and inserting ‘‘NATO Support and Procurement 

Organization’’; 

(2) by striking ‘‘Support Partnership Agreement’’ each place 

it appears and inserting ‘‘Support or Procurement Partnership 

Agreement’’; and 

(3) in subsection (a)(1), by striking ‘‘Support Partnership 

Agreements’’ and inserting ‘‘Support or Procurement Partnership Agreements’’. 

(b) ARMS EXPORT CONTROL ACT.—Section 21(e)(3) of the Arms 

Export Control Act (22 U.S.C. 2761(e)(3)) is amended— 

(1) in subparagraph (A)— 

(A) in the matter preceding clause (i), by striking 

‘‘North Atlantic Treaty Organization (NATO) Support 

Organization’’ and inserting ‘‘North Atlantic Treaty 

Organization (NATO) Support and Procurement Organization’’; and 

(B) in clause (i), by striking ‘‘support partnership agreement’’ and inserting ‘‘support or procurement partnership 

agreement’’; and 

(2) in subparagraph (C)(i), in the matter preceding subclause (I)— 

(A) by striking ‘‘ ‘weapon system partnership agreement’ ’’ and inserting ‘‘ ‘support or procurement partnership 

agreement’ ’’; and 

(B) by striking ‘‘North Atlantic Treaty Organization 

(NATO) Support Organization’’ and inserting ‘‘North 

Atlantic Treaty Organization (NATO) Support and Procurement Organization’’. 

SEC. 1280. REPORT ON PERMANENT STATIONING OF UNITED STATES 

FORCES IN THE REPUBLIC OF POLAND. 

(a) IN GENERAL.—Not later than March 1, 2019, the Secretary 

of Defense, in coordination with the Secretary of State, shall submit 

to the congressional defense committees a report on the feasibility 

and advisability of permanently stationing United States forces 

in the Republic of Poland. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 


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(1) An assessment of the types of permanently stationed 

United States forces in Poland required to deter aggression 

by the Russian Federation and execute Department of Defense 

contingency plans, including combat enabler units in capability 

areas such as— 

(A) combat engineering; 

(B) logistics and sustainment; 

(C) warfighting headquarters elements; 

(D) long-range fires; 

(E) air and missile defense; 

(F) intelligence, surveillance, and reconnaissance; and 

(G) electronic warfare. 

(2) An assessment of the feasibility and advisability of 

permanently stationing a United States Army brigade combat 

team in the Republic of Poland that includes the following: 

(A) An assessment whether a permanently stationed 

United States Army brigade combat team in Poland would 

enhance deterrence against Russian aggression in Eastern 

Europe. 

(B) An assessment of the actions the Russian Federation may take in response to a United States decision 

to permanently station a brigade combat team in Poland. 

(C) An assessment of the international political considerations of permanently stationing such a brigade combat 

team in Poland, including within the North Atlantic Treaty 

Organization (NATO). 

(D) An assessment whether such a brigade combat 

team in Poland would support implementation of the 

National Defense Strategy. 

(E) A description and assessment of the manner in 

which such a brigade combat team in Poland would affect 

the ability of the Joint Force to execute Department of 

Defense contingency plans in Europe. 

(F) A description and assessment of the manner in 

which such a brigade combat team in Poland would affect 

the ability of the Joint Force to respond to a crisis inside 

the territory of a North Atlantic Treaty Organization ally 

that occurs prior to the invocation of Article 5 of the Washington Treaty by the North Atlantic Council. 

(G) An identification and assessment of— 

(i) potential locations in Poland for stationing such 

a brigade combat team; 

(ii) the logistics requirements, including force 

enablers, equipment, supplies, storage, and maintenance, that would be required to support such a brigade 

combat team in Poland; 

(iii) infrastructure investments by the United 

States and Poland, including new construction or 

upgrades of existing sites, that would be required to 

support such a brigade combat team in Poland; 

(iv) any new agreements, or changes to existing 

agreements, between the United States and Poland 

that would be required for a such a brigade combat 

team in Poland; 

(v) any changes to the posture or capabilities of 

the Joint Force in Europe that would be required to 

support such a brigade combat team in Poland; and 


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(vi) the timeline required to achieve the permanent 

stationing of such a brigade combat team in Poland. 

(H) An assessment of the willingness and ability of 

the Government of Poland to provide host nation support 

for such a brigade combat team. 

(I) An assessment whether future growth in United 

States Army end strength may be used to source additional 

forces for such a brigade combat team in Poland. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1281. REPORT ON STRENGTHENING NATO CYBER DEFENSE. 

(a) IN GENERAL.—Not later than March 31, 2019, the Secretary 

of Defense shall submit to the congressional defense committees 

a report detailing the Department’s efforts to enhance the United 

States’ leadership and collaboration with the North Atlantic Treaty 

Organization with respect to the development of a comprehensive, 

cross-domain strategy to build cyber-defense capacity and deter 

cyber attacks among Organization member countries. 

(b) CONTENTS.—The report required by subsection (a) shall 

address the following: 

(1) Improving cyber situational awareness among Organization member countries. 

(2) Implementation of the cyber operational-domain 

roadmap of the Organization with respect to doctrine, political 

oversight and governance, planning, rules of engagement, and 

integration across Organization member countries. 

(3) Planned cooperative efforts to combat information warfare across Organization member countries. 

(4) The development of cyber capabilities, including 

cooperative development efforts and technology transfer. 

(5) Supporting stronger cyber partnerships with nonOrganization member countries, as appropriate. 

SEC. 1282. REPORT ON STATUS OF THE UNITED STATES RELATIONSHIP 

WITH THE REPUBLIC OF TURKEY. 

(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretary of State, shall submit to the 

appropriate congressional committees a report on the status 

of the United States relationship with the Republic of Turkey. 

(2) MATTERS TO BE INCLUDED.—The report required under 

this subsection shall include the following: 

(A) An assessment of United States military and diplomatic presence in the Republic of Turkey, including all 

military activities conducted from Incirlik Air Base or elsewhere. 

(B) An assessment of the potential purchase by the 

Government of the Republic of Turkey of the S–400 air 

and missile defense system from the Russian Federation 

and the potential effects of such purchase on the United 

States-Turkey bilateral relationship, including an assessment of impacts on other United States weapon systems 

and platforms operated jointly with the Republic of Turkey 

to include— 

(i) the F–35 Lightning II Joint Strike aircraft, 

including an assessment of the operational and 


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counterintelligence risks posed by the deployment of 

the S–400 air and missile defense system in the 

Republic of Turkey and the steps required to mitigate 

those risks, if possible; 

(ii) the Patriot surface-to-air missile system; 

(iii) the CH–47 Chinook heavy lift helicopter; 

(iv) the AH–64 Attack helicopter; 

(v) the H–60 Black Hawk utility helicopter; and 

(vi) the F–16 Fighting Falcon aircraft. 

(C) An assessment of the Republic of Turkey’s participation in the F–35 program, including— 

(i) a description of industrial participation of 

Turkish industry in the manufacturing and assembly 

of the F–35 program; 

(ii) an assessment of tooling and other manufacturing materials held by Turkish industry; and 

(iii) an assessment of the impacts of a significant 

change in participation by the Republic of Turkey in 

the F–35 program and the steps that would be required 

to mitigate negative impacts of such a change on the 

United States and other international program partners. 

(D) An identification of potential alternative air and 

missile defense systems that could be purchased by the 

Government of the Republic of Turkey, including air and 

missile defense systems operated by the United States 

or other North Atlantic Treaty Organization (NATO) 

member states. 

(3) FORM.—The report required under this subsection shall 

be submitted in unclassified form, but may include a classified 

annex. 

(b) LIMITATION.—The Department of Defense may not deliver 

any F–35 aircraft to the Republic of Turkey, until such time as 

the report identified in subsection (a) has been submitted. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Relations of the Senate and 

Committee on Foreign Affairs of the House of Representatives. 

SEC. 1283. SENSE OF THE CONGRESS CONCERNING MILITARY-TO-MILITARY DIALOGUES. 

It is the sense of Congress that— 

(1) military-to-military dialogues, including in the case of 

allies, partners, and adversaries and potential adversaries, can 

be a useful and important tool for advancing United States 

national security objectives in a complex, interactive, and 

dynamic security environment; 

(2) frameworks for military-to-military dialogues should 

be flexible and adaptable to such a security environment and 

should be informed by national security guidance, such as the 

2017 National Security Strategy and the 2018 National Defense 

Strategy; and 

(3) military-to-military dialogues can and should be reliable, enduring, and tailorable based on circumstance, so that 


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such dialogues can be trusted and available when needed, 

particularly amid escalating tensions. 

SEC. 1284. MODIFICATIONS TO GLOBAL ENGAGEMENT CENTER. 

Section 1287 of the National Defense Authorization Act for 

Fiscal Year 2017 (22 U.S.C. 2656 note) is amended— 

(1) by amending paragraph (2) of subsection (a) to read 

as follows: 

‘‘(2) PURPOSE.—The purpose of the Center shall be to direct, 

lead, synchronize, integrate, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter 

foreign state and foreign non-state propaganda and 

disinformation efforts aimed at undermining or influencing the 

policies, security, or stability of the United States and United 

States allies and partner nations.’’; 

(2) in subsection (b)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) Direct, lead, synchronize, integrate, and coordinate 

interagency and international efforts to track and evaluate 

counterfactual narratives abroad that threaten the policies, 

security, or stability of the United States and United States 

allies and partner nations.’’; 

(B) by amending paragraph (4) to read as follows: 

‘‘(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape 

the development of tactics, techniques, and procedures to expose 

and refute foreign propaganda and disinformation, and proactively support the promotion of credible, fact-based narratives 

and policies to audiences outside the United States.’’; 

(C) by redesignating paragraphs (6) through (10) as 

paragraphs (7) through (11), respectively; 

(D) by inserting after paragraph (5) the following new 

paragraph: 

‘‘(6) Measure and evaluate the activities of the Center, 

including the outcomes of such activities, and implement 

mechanisms to ensure that the activities of the Center are 

updated to reflect the results of such measurement and evaluation.’’; and 

(E) by amending paragraph (8), as so redesignated, 

to read as follows: 

‘‘(8) Use information from appropriate interagency entities 

to identify the countries, geographic areas, and populations 

most susceptible to propaganda and disinformation, as well 

as the countries, geographic areas, and populations in which 

such propaganda and disinformation is likely to cause the most 

harm.’’; 

(3) in subsection (d), by amending paragraphs (1) and (2) 

to read as follows: 

‘‘(1) DETAILEES AND ASSIGNEES.—Any Federal Government 

employee may be detailed or assigned to the Center with or 

without reimbursement, consistent with applicable laws and 

regulations regarding such employee, and such detail or assignment shall be without interruption or loss of status or privilege. 

‘‘(2) TEMPORARY PERSONNEL.—The Secretary of State 

should, when hiring temporary United States citizen personnel, 

preference the use of Foreign Service limited appointments 

both in the United States and abroad in accordance with section 


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309 of the Foreign Service Act of 1980 (22 U.S.C. 3949). The 

Secretary may hire United States citizens or aliens, as appropriate, including as personal services contractors, for purposes 

of personnel resources of the Center, if— 

‘‘(A) the Secretary determines that existing personnel 

resources or expertise are insufficient; 

‘‘(B) the period in which services are provided by a 

personal services contractor, including options, does not 

exceed 3 years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year; 

‘‘(C) not more than 50 United States citizens or aliens 

are employed as personal services contractors under the 

authority of this paragraph at any time; and 

‘‘(D) the authority of this paragraph is only used to 

obtain specialized skills or experience or to respond to 

urgent needs.’’; 

(4) in subsection (e), by amending paragraphs (1) and (2) 

to read as follows: 

‘‘(1) IN GENERAL.—For each of fiscal years 2019 and 2020, 

the Secretary of Defense is authorized to transfer, from amounts 

appropriated to the Secretary pursuant to the authorization 

under this Act, to the Secretary of State not more than 

$60,000,000, to carry out the functions of the Center. 

‘‘(2) NOTICE REQUIREMENT.—The Secretary of Defense shall 

notify the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, 

and the Committee on Oversight and Government Reform of 

the House of Representatives of a proposed transfer under 

paragraph (1) not less than 15 days prior to making such 

transfer.’’; 

(5) in subsection (f), by amending paragraphs (1) and (2) 

to read as follows: 

‘‘(1) AUTHORITY FOR GRANTS.—The Center is authorized 

to provide grants or contracts of financial support to civil society 

groups, media content providers, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes: 

‘‘(A) To support local entities and linkages among such 

entities, including independent media entities, that are 

best positioned to refute foreign propaganda and 

disinformation in affected communities. 

‘‘(B) To collect and store examples of print, online, 

and social media disinformation and propaganda directed 

at the United States or United States allies and partner 

nations. 

‘‘(C) To analyze and report on tactics, techniques, and 

procedures of foreign information warfare and other efforts 

with respect to disinformation and propaganda. 

‘‘(D) To support efforts by the Center to counter efforts 

by foreign entities to use disinformation and propaganda 

to undermine or influence the policies, security, and social 

and political stability of the United States and United 

States allies and partner nations. 


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‘‘(2) FUNDING AVAILABILITY AND LIMITATIONS.—The Secretary of State shall provide that each entity that receives 

funds under this subsection is selected in accordance with the 

relevant existing regulations through a process that ensures 

such entity has the credibility and capability to carry out effectively and in accordance with United States interests and objectives the purposes specified in paragraph (1) for which such 

entity received such funding.’’; 

(6) by redesignating subsections (h) and (i) as subsections 

(i) and (j), respectively; and 

(7) by inserting after subsection (g) the following new subsection: 

‘‘(h) CONGRESSIONAL BRIEFINGS.—The Secretary of State, 

together with the heads of other relevant Federal departments 

and agencies, shall provide a briefing to the Committee on Armed 

Services, the Committee on Appropriations, and the Committee 

on Foreign Relations of the Senate and the Committee on Armed 

Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government 

Reform of the House of Representatives not less often than annually 

regarding the activities of the Global Engagement Center. The 

briefings required under this subsection shall terminate on the 

date specified in subsection (j).’’. 

SEC. 1285. SENSE OF CONGRESS ON COUNTERING HYBRID THREATS 

AND MALIGN INFLUENCE. 

It is the sense of Congress that the Secretary of Defense and 

the Secretary of State should— 

(1) work together to build and lead an international effort 

among like-minded democratic countries to increase awareness 

of and resilience to the Kremlin’s malign influence operations; 

and 

(2) urgently prioritize submission of the report required 

by section 1239A(d) of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1671) on 

a comprehensive strategy to counter malign activities of Russia. 

SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS. 

(a) INITIATIVE REQUIRED.—The Secretary of Defense shall, in 

consultation with other appropriate government organizations, 

establish an initiative to work with academic institutions who perform defense research and engineering activities— 

(1) to support protection of intellectual property, controlled 

information, key personnel, and information about critical technologies relevant to national security; 

(2) to limit undue influence, including through foreign 

talent programs, by countries to exploit United States technology within the Department of Defense research, science 

and technology, and innovation enterprise; and 

(3) to support efforts toward development of domestic talent 

in relevant scientific and engineering fields. 

(b) INSTITUTIONS AND ORGANIZATIONS.— 

(1) IN GENERAL.—The initiative required by subsection (a) 

shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations. 

10 USC 2358 

note. 


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(2) RECORD OF EXCELLENCE.—In selecting research institutions of higher education under this subsection, the Secretary 

shall prioritize selection of institutions of higher education that 

the Secretary determines demonstrate a record of excellence 

in industrial security in academia and in research and development. 

(c) REQUIREMENTS.—The initiative required by subsection (a) 

shall include development of the following: 

(1) Information exchange forum and information repositories to enable awareness of security threats and influence 

operations being executed against the United States research, 

technology, and innovation enterprise. 

(2) Training and other support for academic institutions 

to promote security and limit undue influence on institutions 

and personnel, including financial support for execution for 

such activities. 

(3) The capacity of government and academic institutions 

and institutions of higher education to assess whether individuals affiliated with Department of Defense programs have 

participated in or are currently participating in foreign talent 

programs or expert recruitment programs. 

(4) Opportunities to collaborate with defense researchers 

and research organizations in secure facilities to promote 

protection of critical information and strengthen defense against 

foreign intelligence services. 

(5) Regulations and procedures— 

(A) for government and academic organizations and 

personnel to support the goals of the initiative; and 

(B) that are consistent with policies that protect open 

and scientific exchange in fundamental research. 

(6) Policies to limit or prohibit funding provided by the 

Department of Defense for institutions or individual researchers 

who knowingly violate regulations developed under the initiative, including regulations relating to foreign talent programs. 

(7) Initiatives to support the transition of the results of 

academic institution research programs into defense capabilities. 

(d) BRIEFING.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary shall provide a briefing to 

the congressional defense committees on the following: 

(1) Ongoing implementation of the initiative required by 

subsection (a). 

(2) The development of a definition for ‘‘foreign talent programs’’ for the purposes of the initiative. 

(3) The preliminary results of the report required by subsection (e). 

(e) REPORT.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary shall submit to 

the congressional defense committees a report on the activities 

carried out under the initiative required by subsection (a). 

(2) CONTENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the activities conducted and the 

progress made under the initiative. 

(B) The findings of the Secretary with respect to the 

initiative. 


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(C) Such recommendations as the Secretary may have 

for legislative or administrative action relating to the matters described in subsection (a), including actions related 

to foreign talent programs. 

(D) Identification and discussion of the gaps in legal 

authorities that need to be improve to enhance the security 

of research institutions of higher education performing 

defense research. 

(E) A description of the actions taken by such institutions to comply with such best practices and guidelines 

as may be established by under the initiative. 

(3) FORM.—The report submitted under paragraph (1) shall 

be submitted in both unclassified and classified formats, as 

appropriate. 

(f) INSTITUTION OF HIGHER EDUCATION DEFINED.—The term 

‘‘institution of higher education’’ has the meaning given such term 

in section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001). 

SEC. 1287. REPORT ON HONDURAS, GUATEMALA, AND EL SALVADOR. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of State, in coordination 

with the Secretary of Defense and other appropriate agencies, shall 

submit to the congressional defense committees, the Committee 

on Foreign Relations of the Senate, and the Committee on Foreign 

Affairs of the House of Representatives a report regarding narcotics 

trafficking corruption and illicit campaign finance in Honduras, 

Guatemala, and El Salvador. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include— 

(1) the names of senior government officials in Honduras, 

Guatemala, and El Salvador who are known to have committed 

or facilitated acts of grand corruption or narcotics trafficking; 

(2) the names of elected officials in Honduras, Guatemala, 

and El Salvador who are known to have received campaign 

funds that are the proceeds of narco-trafficking or other illicit 

activities in the last 2 years; and 

(3) the names of individuals in Honduras, Guatemala, and 

El Salvador who are known to have facilitated the financing 

of political campaigns in any of the Northern Triangle countries 

with the proceeds of narco-trafficking or other illicit activities 

in the last 2 years. 

(c) FORM.—The report submitted under subsection (a) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1288. MODIFICATION OF FREEDOM OF NAVIGATION REPORTING 

REQUIREMENTS. 

Subsection (a) of section 1275 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2540), as amended by section 1262(a)(1) of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 131 Stat. 1689), is further amended by striking ‘‘the Committees 

on Armed Services of the Senate and the House of Representatives’’ 

and inserting ‘‘the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate and the Committee on Armed 

Services and the Committee on Foreign Affairs of the House of 

Representatives’’. 


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SEC. 1289. COORDINATION OF EFFORTS TO NEGOTIATE FREE TRADE 

AGREEMENTS WITH CERTAIN SUB-SAHARAN AFRICAN 

COUNTRIES. 

Section 1293 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 19 U.S.C. 3723 note) is 

amended by adding at the end the following: 

‘‘(c) COORDINATION WITH MILLENNIUM CHALLENGE CORPORATION.— 

‘‘(1) IN GENERAL.—After the date of the enactment of this 

subsection, with respect to those countries identified under 

section 110(b)(1) of the Trade Preferences Extension Act of 

2015 (Public Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) 

that also meet the country description in paragraph (2), the 

United States Trade Representative shall consult and coordinate with the Millennium Challenge Corporation and the 

United States Agency for International Development for the 

purpose of developing and carrying out the plan required by 

section 116(b) of the African Growth and Opportunity Act (19 

U.S.C. 3723(b)). 

‘‘(2) COUNTRY DESCRIPTION.—A country is described in this 

paragraph if the country— 

‘‘(A) has entered into a Millennium Challenge Compact 

pursuant to section 609 of the Millennium Challenge Act 

of 2003 (22 U.S.C. 7708); or 

‘‘(B) is selected by the Board of Directors of the Millennium Challenge Corporation under subsection (c) of section 

607 of that Act (22 U.S.C. 7706) from among the countries 

determined to be eligible countries under subsection (a) 

of that section.’’. 

SEC. 1290. CERTIFICATIONS REGARDING ACTIONS BY SAUDI ARABIA 

AND THE UNITED ARAB EMIRATES IN YEMEN. 

(a) RESTRICTION.— 

(1) IN GENERAL.—Subject to paragraph (2), if the Secretary 

of State is unable under subsection (c) or (d) to certify that 

the Government of Saudi Arabia and the Government of the 

United Arab Emirates are undertaking the effort, measures, 

and actions described in subsection (c), no Federal funds may 

be obligated or expended after the deadline for the applicable 

certification to provide authorized in-flight refueling pursuant 

to section 2342 of title 10, United States Code, or other 

applicable statutory authority, of Saudi or Saudi-led coalition 

non-United States aircraft conducting missions in Yemen, other 

than missions related to— 

(A) al Qaeda, al Qaeda in the Arabian Peninsula 

(AQAP), or the Islamic State in Iraq and Syria (ISIS); 

(B) countering the transport, assembly, or employment 

of ballistic missiles or components in Yemen; 

(C) helping coalition aircraft return safely to base in 

emergency situations; 

(D) force protection of United States aircraft, ships, 

or personnel; or 

(E) freedom of navigation for United States military 

and international commerce. 

(2) WAIVER.—The Secretary may waive the restriction in 

paragraph (1) with respect to a particular certification if the 

Secretary— 


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(A) certifies to the appropriate committees of Congress 

that the waiver is in the national security interests of 

the United States; and 

(B) submits to the appropriate committees of Congress 

a report, in written and unclassified form, setting forth— 

(i) the effort in subsection (c)(1)(A), measures in 

subsection (c)(1)(B), or actions in subsections (c)(1)(C) 

or (c)(2), or combination thereof, about which the Secretary is unable to make the certification; 

(ii) a detailed explanation why the Secretary is 

unable to make the certification about such effort, 

measures, or actions; 

(iii) a description of the actions the Secretary is 

taking to encourage the Government of Saudi Arabia 

or the Government of the United Arab Emirates, as 

applicable, to undertake such effort, measures, or 

actions; and 

(iv) a detailed justification for the waiver. 

(b) REPORTING REQUIREMENT.—Not later than 30 days after 

the date of the enactment of this Act, the President or the President’s designee shall provide a briefing to the appropriate committees of Congress including, at a minimum— 

(1) a description of Saudi Arabia and the United Arab 

Emirates’ military and political objectives in Yemen and 

whether United States assistance to the Saudi-led coalition 

has resulted in significant progress towards meeting those 

objectives; 

(2) a description of efforts by the Government of Saudi 

Arabia to avoid disproportionate harm to civilians and civilian 

objects in Yemen, and an assessment of whether United States 

assistance to the Saudi-led coalition has led to a demonstrable 

decrease in civilians killed or injured by Saudi-led airstrikes 

and damage to civilian infrastructure; 

(3) an assessment of the United Nations Verification and 

Inspection Mechanism (UNVIM) in Yemen and an assessment 

of the need for existing secondary inspection and clearance 

processes and transshipment requirements on humanitarian 

and commercial vessels that have been cleared by UNVIM; 

(4) a description of the sources of external support for 

the Houthi forces, including financial assistance, weapons 

transfers, operational planning, training, and advisory assistance; 

(5) an assessment of the applicability of United States 

and international sanctions to Houthi forces that have committed grave human rights abuses, obstructed international 

aid, and launched ballistic missiles into Saudi territory, and 

an assessment of the applicability of United States and international sanctions to individuals or entities providing the 

Houthi forces with material support; and 

(6) an assessment of the effect of the Saudi-led coalition’s 

military operations in Yemen on the efforts of the United States 

to defeat al Qaeda in the Arabian Peninsula and the Islamic 

State of Iraq and the Levant. 

(c) INITIAL CERTIFICATION.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of State shall 

submit to the appropriate committees of Congress a certification 

indicating whether— 


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(1) the Government of Saudi Arabia and the Government 

of the United Arab Emirates are undertaking— 

(A) an urgent and good faith effort to support diplomatic efforts to end the civil war in Yemen; 

(B) appropriate measures to alleviate the humanitarian 

crisis in Yemen by increasing access for Yemenis to food, 

fuel, medicine, and medical evacuation, including through 

the appropriate use of Yemen’s Red Sea ports, including 

the port of Hudaydah, the airport in Sana’a, and external 

border crossings with Saudi Arabia; and 

(C) demonstrable actions to reduce the risk of harm 

to civilians and civilian infrastructure resulting from military operations of the Government of Saudi Arabia and 

the Government of the United Arab Emirates in Yemen, 

including by— 

(i) complying with applicable agreements and laws 

regulating defense articles purchased or transferred 

from the United States; and 

(ii) taking appropriate steps to avoid disproportionate harm to civilians and civilian infrastructure; 

and 

(2) in the case of Saudi Arabia, the Government of Saudi 

Arabia is undertaking appropriate actions to reduce any 

unnecessary delays to shipments associated with secondary 

inspection and clearance processes other than UNVIM. 

(d) SUBSEQUENT CERTIFICATIONS.—Not later than 180 and 360 

days after the date of the enactment of this Act, the Secretary 

of State shall submit to the appropriate committees of Congress 

a certification indicating whether the Government of Saudi Arabia 

and the Government of the United Arab Emirates are undertaking 

the effort, measures, and actions described in subsection (c). 

(e) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed as authorizing the use of military force. 

(f) FORM OF CERTIFICATIONS.—The certifications required under 

subsections (c) and (d) shall be written, detailed, and submitted 

in unclassified form. 

(g) STRATEGY REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Administrator of the 

United States Agency for International Development, shall submit 

to the appropriate committees of Congress an unclassified report 

listing United States objectives in Yemen and detailing a strategy 

to accomplish those objectives. The report shall be unclassified 

but may include a classified annex. 

(h) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Foreign Relations, the Committee 

on Armed Services, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Foreign Affairs, the Committee on 

Armed Services, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1291. TREATMENT OF RWANDAN PATRIOTIC FRONT AND 

RWANDAN PATRIOTIC ARMY UNDER IMMIGRATION AND 

NATIONALITY ACT. 

(a) REMOVAL OF TREATMENT AS TERRORIST ORGANIZATIONS.— 

8 USC 1182 note. 


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(1) IN GENERAL.—Except as provided in paragraph (2), the 

Rwandan Patriotic Front and the Rwandan Patriotic Army 

shall be excluded from the definition of terrorist organization 

(as defined in section 212(a)(3)(B)(vi)(III) of the Immigration 

and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III))) for purposes of such section 212(a)(3)(B) for any period before August 

1, 1994. 

(2) EXCEPTION.— (A) IN GENERAL.—The Secretary of State, in consultation with the Secretary of Homeland Security and the 

Attorney General, or the Secretary of Homeland Security, 

in consultation with the Secretary of State and the Attorney 

General, as applicable, may suspend the application of 

paragraph (1) for the Rwandan Patriotic Front or the 

Rwandan Patriotic Army in the sole and unreviewable 

discretion of such applicable Secretary. 

(B) REPORT.—Not later than, or contemporaneously 

with, a suspension of paragraph (1) under subparagraph 

(A), the Secretary of State or the Secretary of Homeland 

Security, as applicable, shall submit to the appropriate 

committees of Congress a report on the justification for 

such suspension. 

(b) RELIEF FROM INADMISSIBILITY.— 

(1) ACTIVITIES BEFORE AUGUST 1, 1994.—Section 212(a)(3)(B) 

of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) 

shall not apply to an alien with respect to any activity undertaken by the alien in association with the Rwandan Patriotic 

Front or the Rwandan Patriotic Army before August 1, 1994. 

(2) EXCEPTIONS.— 

(A) IN GENERAL.—Paragraph (1) shall not apply if the 

Secretary of State or the Secretary of Homeland Security, 

as applicable, determines in the sole unreviewable discretion of such applicable Secretary that— 

(i) in the totality of the circumstances, such alien— 

(I) poses a threat to the safety and security 

of the United States; or 

(II) does not merit a visa, admission to the 

United States, or a grant of an immigration benefit 

or protection; or 

(ii) such alien committed, ordered, incited, assisted, 

or otherwise participated in the commission of— 

(I) an offense described in section 2441 of title 

18, United States Code; or 

(II) an offense described in Presidential 

Proclamation 8697, dated August 4, 2011. 

(B) IMPLEMENTATION.—Subparagraph (A) shall be 

implemented by the Secretary of State and the Secretary 

of Homeland Security, in consultation with the Attorney 

General. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on the Judiciary, the Committee on 

Foreign Relations, the Committee on Homeland Security and 

Governmental Affairs, and the Committee on Appropriations 

of the Senate; and 

(2) the Committee on the Judiciary, the Committee on 

Foreign Affairs, the Committee on Homeland Security, and 


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the Committee on Appropriations of the House of Representatives. 

SEC. 1292. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT 

THE ARMS TRADE TREATY. 

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for the Department of Defense may be obligated or expended 

to implement the Arms Trade Treaty, or to make any change 

to existing programs, projects, or activities as approved by Congress 

in furtherance of, pursuant to, or otherwise to implement such 

Treaty, unless the Treaty has received the advice and consent 

of the Senate and has been the subject of implementing legislation, 

as required, by Congress. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preclude the Department of Defense from assisting 

foreign countries in bringing their laws and regulations up to United 

States standards. 

SEC. 1293. PROHIBITION ON PROVISION OF WEAPONS AND OTHER 

FORMS OF SUPPORT TO CERTAIN ORGANIZATIONS. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available to the Department of Defense for 

fiscal year 2019 may be used to knowingly provide weapons or 

any other form of support to Al Qaeda, the Islamic State of Iraq 

and Syria (ISIS), Jabhat Fateh al Sham, or any individual or 

group affiliated with any such organization. 

SEC. 1294. MODIFIED WAIVER AUTHORITY FOR CERTAIN 

SANCTIONABLE TRANSACTIONS UNDER SECTION 231 OF 

THE COUNTERING AMERICA’S ADVERSARIES THROUGH 

SANCTIONS ACT. 

(a) IN GENERAL.—Section 231 of the Countering America’s 

Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 

9525) is amended— 

(1) by redesignating subsections (d) and (e) as subsection 

(e) and (f), respectively; and 

(2) by inserting after subsection (c), as amended, the following new subsection: 

‘‘(d) MODIFIED WAIVER AUTHORITY FOR CERTAIN SANCTIONABLE

TRANSACTIONS UNDER THIS SECTION.— 

‘‘(1) IN GENERAL.—The President may use the authority 

under section 236(b) to waive the application of sanctions with 

respect to a person under this section without regard to section 

216 if, not later than 30 days prior to the waiver taking effect, 

the President certifies in writing to the appropriate congressional committees and the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House 

of Representatives that— 

‘‘(A) the waiver is in the national security interests 

of the United States; 

‘‘(B) the significant transaction described in subsection 

(a) that the person engaged in with respect to which the 

waiver is being exercised— 

‘‘(i) is not a significant transaction with— 

‘‘(I) the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian 

Federation; 


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‘‘(II) the Federal Security Service of the Russian Federation; 

‘‘(III) the Foreign Intelligence Service of the 

Russian Federation; 

‘‘(IV) Autonomous Noncommercial Professional 

Organization/Professional Association of Designers 

of Data Processing (ANO PO KSI); 

‘‘(V) the Special Technology Center; 

‘‘(VI) Zorsecurity; or 

‘‘(VII) any person that the Secretary of State, 

in consultation with the Director of National Intelligence, determines— 

‘‘(aa) to be part of, or operating for or 

on behalf of, the defense or intelligence sector 

of the Government of the Russian Federation; 

and 

‘‘(bb) has directly participated in or facilitated cyber intrusions by the Government of 

the Russian Federation; and 

‘‘(ii) would not— 

‘‘(I) endanger the integrity of any multilateral 

alliance of which the United States is a part; 

‘‘(II) adversely affect ongoing operations of the 

Armed Forces of the United States, including coalition operations in which the Armed Forces of the 

United States participate; 

‘‘(III) result in a significant negative impact 

to defense cooperation between the United States 

and the country whose government has primary 

jurisdiction over the person; and 

‘‘(IV) significantly increase the risk of compromising United States defense systems and operational capabilities; and 

‘‘(C) the government with primary jurisdiction over 

the person— 

‘‘(i) is taking or will take steps to reduce its inventory of major defense equipment and advanced conventional weapons produced by the defense sector of the 

Russian Federation as a share of its total inventory 

of major defense equipment and advanced conventional 

weapons over a specified period; or 

‘‘(ii) is cooperating with the United States Government on other security matters that are critical to 

United States strategic interests. 

‘‘(2) FORM.—The certification described in paragraph (1) 

shall be transmitted in an unclassified form, and may contain 

a classified annex. 

‘‘(3) REPORT.— 

‘‘(A) IN GENERAL.—Not later than 120 days after the 

date on which the President submits a certification 

described in paragraph (1) with respect to the waiver of 

the application of sanctions with respect to a person under 

this section, and annually thereafter for two years, the 

Secretary of State and the Secretary of Defense shall jointly 

submit to the appropriate congressional committees and 

the Committee on Armed Services of the Senate and the 


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Committee on Armed Services of the House of Representatives a report on the waiver. 

‘‘(B) MATTERS TO BE INCLUDED.—The report required 

by subparagraph (A) shall include— 

‘‘(i) the extent to which such waiver has or has 

not resulted in the compromise of United States systems and operational capabilities, including through 

the diversion of United States sensitive technology to 

a person that is part of, or operates for or on behalf 

of, the defense or intelligence sectors of the Government of the Russian Federation; and 

‘‘(ii) the extent to which the government with primary jurisdiction over the person is taking specific 

actions to further the enforcement of this title.’’. 

(b) RULE OF CONSTRUCTION.—Nothing in subsection (d) of section 231 of the Countering America’s Adversaries Through Sanctions 

Act (Public Law 115–44; 22 U.S.C. 9525), as added by subsection 

(a) of this section, shall be construed to modify, waive, or terminate 

any existing sanctions with respect to the Russian Federation, 

including any Russian person or entity, that are in effect on the 

date of the enactment of this Act. 

(c) REPORT.— 

(1) INITIAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act, the President shall submit to 

the appropriate congressional committees a report that 

describes those persons that the President has determined 

under section 231 of the Countering America’s Adversaries 

Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) 

have knowingly engaged, on or after August 2, 2017, in a 

significant transaction with a person that is part of, or operates 

for or on behalf of, the defense or intelligence sectors of the 

Government of the Russian Federation, as defined in guidance 

required under subsection (e) of that section, as redesignated 

by subsection (a)(1) of this section. 

(2) UPDATES.—Not later than 90 days after the date of 

the submission of the report required by paragraph (1), and 

every 90 days thereafter for a period of 5 years, the President 

shall submit to the appropriate congressional committees an 

update to the report required by that paragraph. 

(3) ELEMENTS.—The report required by paragraph (1) and 

each update required by paragraph (2) shall contain the following: 

(A) A list of persons that the President has determined 

under section 231 of the Countering America’s Adversaries 

Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) 

have knowingly engaged, on or after August 2, 2017, in 

a significant transaction with a person that is part of, 

or operates for or on behalf of, the defense or intelligence 

sectors of the Government of the Russian Federation, as 

defined in guidance required under subsection (e) of that 

section, as redesignated by subsection (a)(1) of this section. 

(B) For the initial report required by paragraph (1), 

a year-by-year and country-by-country description of significant transactions from persons described in paragraph (1), 

dating back to August 2, 2017, and for each update required 

by paragraph (2), such a description of significant transactions dating back to the date of submission of the most 

22 USC 9525 

note. 


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recent report submitted under paragraph (1) or the most 

recent update submitted under paragraph (2), as applicable. 

(C) A description of the significant transactions 

described in subsection (a) of such section 231, including, 

for each such transaction, types of material and equipment 

involved, the monetary value of the transaction, and the 

duration of any contract involved. 

(D) A description of the diplomatic efforts by the 

Government of the United States, if any, to persuade persons to no longer conduct significant transactions with 

persons that are part of, or operate for or on behalf of, 

the defense or intelligence sectors of the Government of 

the Russian Federation, as defined in guidance required 

under subsection (e) of such section 231, as redesignated 

by subsection (a)(1) of this section. 

(E) A description of significant transactions with persons that are part of, or operate for or on behalf of, the 

defense or intelligence sectors of the Government of the 

Russian Federation, if any, that the Government of the 

United States through diplomatic efforts was able to persuade persons not to engage in, including a description 

of each such transaction and the monetary value of the 

transaction. 

(4) FORM.—The initial report required by paragraph (1) 

and each update required under paragraph (2) shall be submitted in unclassified form, but may contain a classified annex. 

(5) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘‘appropriate congressional committees’’ has the meaning given that term in section 221 of the 

Countering Russian Influence in Europe and Eurasia Act of 

2017 (22 U.S.C. 9521) and includes the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives. 

(d) EXCEPTION RELATING TO IMPORTATION OF GOODS.—No provision affecting sanctions under this section or an amendment made 

by this section shall apply to any portion of a sanction that affects 

the importation of goods. 

SEC. 1295. RULE OF CONSTRUCTION RELATING TO THE USE OF FORCE. 

Nothing in this Act may be construed to authorize the use 

of force against Iran or North Korea. 

TITLE XIII—COOPERATIVE THREAT 

REDUCTION 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Funding allocations. 

Sec. 1302. Specification of cooperative threat reduction funds. 

SEC. 1301. FUNDING ALLOCATIONS. 

Of the $335,240,000 authorized to be appropriated to the 

Department of Defense for fiscal year 2019 in section 301 and 

made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established 

under section 1321 of the Department of Defense Cooperative 

Threat Reduction Act (50 U.S.C. 3711), the following amounts may 

be obligated for the purposes specified: 

22 USC 8784 

note. 

22 USC 9525 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2089 

(1) For strategic offensive arms elimination, $2,823,000. 

(2) For chemical weapons destruction, $5,446,000. 

(3) For global nuclear security, $29,001,000. 

(4) For cooperative biological engagement, $197,585,000. 

(5) For proliferation prevention, $74,937,000. 

(6) For activities designated as Other Assessments/ 

Administrative Costs, $25,448,000. 

SEC. 1302. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

FUNDS. 

Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in 

division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2019, 

2020, and 2021. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Chemical agents and munitions destruction, defense. 

Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. 

Sec. 1404. Defense inspector general. 

Sec. 1405. Defense health program. 

Subtitle B—Armed Forces Retirement Home 

Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1412. Expansion of eligibility for residence at the Armed Forces Retirement 

Home. 

Sec. 1413. Oversight of health care provided to residents of the Armed Forces Retirement Home. 

Sec. 1414. Modification of authority on acceptance of gifts for the Armed Forces Retirement Home. 

Sec. 1415. Relief for residents of the Armed Forces Retirement Home impacted by 

increase in fees. 

Sec. 1416. Limitation on applicability of fee increase for residents of the Armed 

Forces Retirement Home. 

Subtitle C—Other Matters 

Sec. 1421. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1422. Economical and efficient operation of working capital fund activities. 

Sec. 1423. Consolidation of reporting requirements under the Strategic and Critical 

Materials Stock Piling Act. 

Sec. 1424. Quarterly briefing on progress of chemical demilitarization program. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4501. 

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 


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132 STAT. 2090 PUBLIC LAW 115–232—AUG. 13, 2018 

fiscal year 2019 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in 

the funding table in section 4501. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4501. 

SEC. 1404. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 

SEC. 1405. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the Defense Health Program for use of the Armed Forces 

and other activities and agencies of the Department of Defense 

for providing for the health of eligible beneficiaries, as specified 

in the funding table in section 4501. 

Subtitle B—Armed Forces Retirement 

Home 

SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2019 from the Armed Forces Retirement Home Trust Fund the 

sum of $64,300,000 for the operation of the Armed Forces Retirement Home. 

SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED 

FORCES RETIREMENT HOME. 

Section 1512 of the Armed Forces Retirement Home Act of 

1991 (24 U.S.C. 412) is amended to read as follows: 

‘‘SEC. 1512. RESIDENTS OF RETIREMENT HOME. 

‘‘(a) PERSONS ELIGIBLE TO BE RESIDENTS.—Except as provided 

in subsection (b), the following persons who served as members 

of the Armed Forces, at least one-half of whose service was not 

active commissioned service (other than as a warrant officer or 

limited-duty officer), are eligible to become residents of the Retirement Home: 

‘‘(1) Persons who are 60 years of age or over and were 

discharged or released from service in the Armed Forces after 

20 or more years of active service. 


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‘‘(2) Persons who are determined under rules prescribed 

by the Chief Operating Officer to be suffering from a serviceconnected disability incurred in the line of duty in the Armed 

Forces. 

‘‘(3) Persons who served in a war theater during a time 

of war declared by Congress or were eligible for hostile fire 

special pay under section 310 or 351 of title 37, United States 

Code, and who are determined under rules prescribed by the 

Chief Operating Officer to be suffering from injuries, disease, 

or disability. 

‘‘(4) Persons who served in a women’s component of the 

Armed Forces before June 12, 1948, and are determined under 

rules prescribed by the Chief Operating Officer to be eligible 

for admission because of compelling personal circumstances. 

‘‘(b) PERSONS INELIGIBLE TO BE RESIDENTS.—The following persons are ineligible to become a resident of the Retirement Home: 

‘‘(1) A person who— 

‘‘(A) has been convicted of a felony; or 

‘‘(B) was discharged or released from service in the 

Armed Forces under other than honorable conditions. 

‘‘(2) A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination 

by the Chief Operating Officer that— 

‘‘(A) the person has been evaluated by a qualified 

health professional selected by the Retirement Home; 

‘‘(B) the Retirement Home can accommodate the person’s condition; and 

‘‘(C) the person agrees to such conditions of residency 

as the Retirement Home may require. 

‘‘(c) ACCEPTANCE.—To apply for acceptance as a resident of 

a facility of the Retirement Home, a person eligible to be a resident 

shall submit to the Administrator of that facility an application 

in such form and containing such information as the Chief Operating Officer may require. 

‘‘(d) PRIORITIES FOR ACCEPTANCE.—The Chief Operating Officer 

shall establish a system of priorities for the acceptance of residents 

so that the most deserving applicants will be accepted whenever 

the number of eligible applicants is greater than the Retirement 

Home can accommodate. 

‘‘(e) SPOUSES OF RESIDENTS.— 

‘‘(1) AUTHORITY TO ADMIT.—Except as otherwise established 

pursuant to subsection (d), the spouse of a person accepted 

as a resident of a facility of the Retirement Home may be 

admitted to that facility if the spouse— 

‘‘(A) is a covered beneficiary within the meaning of 

section 1072(5) of title 10, United States Code; 

‘‘(B) is not ineligible to become a resident as provided 

in subsection (b); and 

‘‘(C) submits an application for admittance in accordance with subsection (c). 

‘‘(2) TREATMENT AS RESIDENT.—A spouse admitted in 

accordance with paragraph (1) shall be a resident of the Retirement Home consistent with this Act, except as the Chief Operating Officer may otherwise provide.’’. 


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SEC. 1413. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS 

OF THE ARMED FORCES RETIREMENT HOME. 

Section 1513A(c) of the Armed Forces Retirement Home Act 

of 1991 (24 U.S.C. 413a(c)) is amended— 

(1) by striking paragraph (1) and inserting the following 

new paragraph (1): 

‘‘(1) Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, 

and dental care services as such residents may require at 

locations other than the Retirement Home.’’ 

(2) in paragraph (2), by striking ‘‘Ensure’’ and inserting 

‘‘Monitor’’. 

SEC. 1414. MODIFICATION OF AUTHORITY ON ACCEPTANCE OF GIFTS 

FOR THE ARMED FORCES RETIREMENT HOME. 

Paragraph (1) of section 1515(f) of the Armed Forces Retirement 

Home Act of 1991 (24 U.S.C. 415(f)) is amended to read as follows: 

‘‘(1) The Chief Operating Officer may accept, receive, solicit, 

hold, administer, and use any gift, devise, or bequest, either 

absolutely or in trust, of real or personal property, or any income 

therefrom or other interest therein, for the benefit of the Retirement 

Home.’’. 

SEC. 1415. RELIEF FOR RESIDENTS OF THE ARMED FORCES RETIREMENT HOME IMPACTED BY INCREASE IN FEES. 

(a) PROHIBITION ON REMOVAL FOR INABILITY TO PAY FEE

INCREASE.—A resident of the Armed Forces Retirement Home as 

of September 30, 2018, may not be removed or released from the 

Retirement Home after that date based solely upon the inability 

of the resident to pay the amount of any increase in fees applicable 

to residents of the Retirement Home that takes effect on October 

1, 2018. 

(b) OTHER RELIEF.—The Chief Operating Officer of the Armed 

Forces Retirement Home shall take all actions practicable to 

accommodate residents of the Retirement Home who are impacted 

by the fee structure applicable to residents of the Retirement Home 

that takes effect on October 1, 2018, including through hardship 

relief, additional deductions from gross income, and other appropriate actions. 

SEC. 1416. LIMITATION ON APPLICABILITY OF FEE INCREASE FOR 

RESIDENTS OF THE ARMED FORCES RETIREMENT HOME. 

(a) IN GENERAL.—In the case of an individual who was a 

resident of the Armed Forces Retirement Home as of April 9, 

2018, the increase in fees for residents of the Home scheduled 

to take effect on October 1, 2018, shall occur on an incremental 

basis over the three-year period beginning on October 1, 2018, 

such that the total fee for such individual as a resident of the 

Home as of the end of such period covers the cost of care of 

such individual as a resident of the Home. 

(b) NOTICE AND WAIT ON IMPLEMENTATION OF FUTURE

INCREASES.—Any increase in the fees for residents of the Home 

that is scheduled to take effect after October 1, 2018, may not 

take effect until 90 days after the date on which a report on 

the increase is submitted to the Committees on Armed Services 

of the Senate and the House of Representatives. 

24 USC 414 note. 

24 USC 414 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2093 

Subtitle C—Other Matters 

SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated by section 1405 and available for the Defense 

Health Program for operation and maintenance, $113,000,000 may 

be transferred by the Secretary of Defense to the Joint Department 

of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2571). For purposes of subsection 

(a)(2) of such section 1704, any funds so transferred shall be treated 

as amounts authorized and appropriated specifically for the purpose 

of such a transfer. 

(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 1704, facility operations for which funds 

transferred under subsection (a) may be used are operations of 

the Captain James A. Lovell Federal Health Care Center, consisting 

of the North Chicago Veterans Affairs Medical Center, the Navy 

Ambulatory Care Center, and supporting facilities designated as 

a combined Federal medical facility under an operational agreement 

covered by section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4500). 

SEC. 1422. ECONOMICAL AND EFFICIENT OPERATION OF WORKING 

CAPITAL FUND ACTIVITIES. 

Section 2208(e) of title 10, United States Code, is amended 

by adding at the end the following: ‘‘The accomplishment of the 

most economical and efficient organization and operation of working 

capital fund activities for the purposes of this subsection shall 

include actions toward the following: 

‘‘(1) Undertaking efforts to optimize the rate structure for 

all requisitioning entities. 

‘‘(2) Encouraging a working capital fund activity to perform 

reimbursable work for other entities to sustain the efficient 

use of the workforce. 

‘‘(3) Determining the appropriate leadership level for 

approving work from outside entities to maximize efficiency.’’. 

SEC. 1423. CONSOLIDATION OF REPORTING REQUIREMENTS UNDER 

THE STRATEGIC AND CRITICAL MATERIALS STOCK 

PILING ACT. 

Section 11 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98h–2) is amended— 

(1) in subsection (a), by striking ‘‘January 15’’ and inserting 

‘‘February 15’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘Not later’’ and all 

that follows through ‘‘report containing’’ and inserting 

‘‘Each report under subsection (a) shall also include’’; and 

(B) in paragraph (2)— 


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132 STAT. 2094 PUBLIC LAW 115–232—AUG. 13, 2018 

(i) by striking ‘‘Each’’ in the first sentence and 

inserting ‘‘With respect to the plan described in paragraph (1), each’’; and 

(ii) by striking ‘‘Each such report’’ in the second 

sentence and inserting ‘‘With respect to such plan, 

each report’’. 

SEC. 1424. QUARTERLY BRIEFING ON PROGRESS OF CHEMICAL 

DEMILITARIZATION PROGRAM. 

Section 1412(j) of the Department of Defense Authorization 

Act, 1986 (50 U.S.C. 1521(j)) is amended— 

(1) in the heading, by striking ‘‘Semiannual Reports’’ and 

inserting ‘‘QUARTERLY BRIEFING’’; 

(2) in paragraph (1)— 

(A) by striking ‘‘March 1’’ and all that follows through 

‘‘the year in which’’ and inserting ‘‘90 days after the date 

of the enactment of the National Defense Authorization 

Act for Fiscal Year 2019, and every 90 days thereafter 

until’’; 

(B) by striking ‘‘submit to’’ and inserting ‘‘brief’’; 

(C) by striking ‘‘a report on the implementation’’ and 

inserting ‘‘on the progress made’’; and 

(D) by striking ‘‘of its chemical weapons destruction 

obligations’’ and inserting ‘‘toward fulfilling its chemical 

weapons destruction obligations’’; and 

(3) by striking paragraph (2) and inserting the following: 

‘‘(2) Each briefing under paragraph (1) shall include a 

description of contractor costs and performance relative to 

schedule, the progress to date toward the complete destruction 

of the stockpile, and any other information the Secretary determines to be relevant.’’. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Drug interdiction and counter-drug activities, defense-wide. 

Sec. 1508. Defense inspector general. 

Sec. 1509. Defense health program. 

Subtitle B—Financial Matters 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Special transfer authority. 

Sec. 1513. Overseas contingency operations. 

Subtitle C—Other Matters 

Sec. 1521. Joint Improvised-Threat Defeat Organization. 

Sec. 1522. Enduring costs funded through overseas contingency operations. 

Sec. 1523. Comptroller General report on use of funds provided by overseas contingency operations. 


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Subtitle A—Authorization of 

Appropriations 

SEC. 1501. PURPOSE. 

The purpose of this subtitle is to authorize appropriations for 

the Department of Defense for fiscal year 2019 to provide additional 

funds for overseas contingency operations being carried out by 

the Armed Forces. 

SEC. 1502. PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for procurement accounts for the Army, the Navy and the 

Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102. 

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4202. 

SEC. 1504. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4302. 

SEC. 1505. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for military personnel, as specified in the funding 

table in section 4402. 

SEC. 1506. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4502. 

SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4502. 

SEC. 1508. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502. 

SEC. 1509. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise 


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132 STAT. 2096 PUBLIC LAW 115–232—AUG. 13, 2018 

provided for, for the Defense Health Program, as specified in the 

funding table in section 4502. 

Subtitle B—Financial Matters 

SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 

SEC. 1512. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2019 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this subsection may not exceed $3,500,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

SEC. 1513. OVERSEAS CONTINGENCY OPERATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2019 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)). 

Subtitle C—Other Matters 

SEC. 1521. JOINT IMPROVISED-THREAT DEFEAT ORGANIZATION. 

(a) USE AND TRANSFER OF FUNDS.— 

(1) IN GENERAL.—Subsections (b) and (c) of section 1514 

of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as 

in effect before the amendments made by section 1503 of the 

Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4649), shall apply 

to amounts made available for fiscal year 2019 for the Department of Defense for the Joint Improvised-Threat Defeat 

Organization. 

(2) REFERENCES TO JOINT IMPROVISED EXPLOSIVE DEVICE

DEFEAT FUND.—In the application of paragraph (1) to the use 

of funds described in that paragraph in fiscal year 2019, any 

reference in the subsections referred to in that paragraph to 

the Joint Improvised Explosive Device Defeat Fund shall be 


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deemed to be a reference to the Joint Improvised-Threat Defeat 

Organization. 

(b) INTERDICTION OF IMPROVISED EXPLOSIVE DEVICE PRECURSOR

CHEMICALS.— 

(1) AVAILABILITY OF FUNDS.—Of the amounts authorized 

to be appropriated for fiscal year 2019 for the Department 

of Defense by this Act for the Joint Improvised-Threat Defeat 

Organization, $15,000,000 may be made available to the Secretary of Defense, with the concurrence of the Secretary of 

State, to provide training, equipment, supplies, and services 

to ministries and other entities of foreign governments that 

the Secretary of Defense has identified as critical for countering 

the flow of improvised explosive device precursor chemicals. 

(2) PROVISION THROUGH OTHER UNITED STATES AGENCIES.— 

If jointly agreed upon by the Secretary of Defense and the 

head of another department or agency of the United States 

Government, the Secretary of Defense may transfer amounts 

made available under paragraph (1) to such department or 

agency for the provision by such department or agency of 

training, equipment, supplies, and services to ministries and 

other entities of foreign governments as described in that paragraph. 

(3) NOTICE TO CONGRESS.—None of the funds made available under paragraph (1) may be obligated or expended to 

supply training, equipment, supplies, or services to a foreign 

country before the date that is 15 days after the date on 

which the Secretary of Defense, in coordination with the Secretary of State, has submitted to the congressional defense 

committees, the Committee on Foreign Relations of the Senate, 

and the Committee on Foreign Affairs of the House of Representatives a notice that includes each of the following: 

(A) The name of the foreign country for which training, 

equipment, supplies, or services are proposed to be supplied. 

(B) A description of the training, equipment, supplies, 

and services to be provided to such foreign country using 

such funds. 

(C) A detailed description of the amounts proposed 

to be obligated or expended to supply such training, equipment, supplies, or services, including— 

(i) any amounts proposed to be obligated or 

expended to support the participation of a department 

or agency of the United States Government other than 

the Department of Defense; and 

(ii) a description of the training, equipment, supplies, or services proposed to be supplied. 

(D) An evaluation of the effectiveness of the efforts 

of such foreign country to counter the flow of improvised 

explosive device precursor chemicals. 

(E) An overall plan for countering the flow of precursor 

chemicals in such foreign country. 

(4) EXPIRATION.—The authority provided by this subsection 

expires on December 31, 2019. 

(c) TRANSITION PLAN REQUIRED.—Not later than March 1, 2019, 

the Secretary of Defense shall submit to the congressional defense 

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Threat Defeat Organization from amounts made available for overseas contingency operations to amounts otherwise made available 

for the purposes of such Organization. 

SEC. 1522. ENDURING COSTS FUNDED THROUGH OVERSEAS CONTINGENCY OPERATIONS. 

(a) REPORT REQUIRED.—Not later than 14 days after the President submits to Congress the budget request for each of fiscal 

years 2020, 2021, 2022, 2023, and 2024, pursuant to section 1105 

of title 31, United States Code, the Under Secretary of Defense 

(Comptroller) shall submit to the congressional defense committees 

a report on enduring costs funded through overseas contingency 

operations. 

(b) ELEMENTS.—Each report required by subsection (a) shall 

include the following: 

(1) An estimate of the costs of operations currently supported in part or in whole by requested funding for overseas 

contingency operations that are likely to continue beyond such 

contingency, in accordance with the recommendation in the 

Government Accountability Office report entitled ‘‘Overseas 

Contingency Operations: OMB and DOD Should Revise the 

Criteria for Determining Eligible Costs and Identify the Costs 

Likely to Endure Long Term’’ published on January 18, 2017. 

(2) With respect to programs, projects, or activities for 

which the source of the requested funds has shifted from overseas contingency operations funding in the previous fiscal year 

to base budget funding in the current fiscal year— 

(A) a description of the criteria used by the Department 

of Defense and the Armed Forces in determining the programs, projects, and activities for which funds were 

requested in the budget request of the current fiscal year 

for overseas contingency operations, including any changes 

relative to the criteria issued in 2010 that was used by 

the Office of Management and Budget to identify such 

programs, projects, and activities for such funding requests; 

(B) a list of each such program, project, or activity 

and the amount requested for each such program, project, 

or activity, at the following levels of detail: 

(i) For procurement, by line item. 

(ii) For research, development, test, and evaluation, by program element number. 

(iii) For operation and maintenance, by sub-activity 

group. 

(iv) For military personnel, by sub-activity group. 

(v) For revolving and management funds, by subactivity group. 

(vi) For military construction, by project. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. 

SEC. 1523. COMPTROLLER GENERAL REPORT ON USE OF FUNDS PROVIDED BY OVERSEAS CONTINGENCY OPERATIONS. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Comptroller General of the United States 

shall submit to Congress a report on how funds authorized to 

be appropriated for fiscal year 2018 for overseas contingency operations were obligated. 


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(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

TITLE XVI—STRATEGIC PROGRAMS, 

CYBER, AND INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Improvements to acquisition system, personnel, and organization of 

space forces. 

Sec. 1602. Modifications to Space Rapid Capabilities Office. 

Sec. 1603. Rapid, responsive, and reliable space launch. 

Sec. 1604. Provision of space situational awareness services and information. 

Sec. 1605. Budget assessments for national security space programs. 

Sec. 1606. Improvements to commercial space launch operations. 

Sec. 1607. Space warfighting policy, review of space capabilities, and plan on space 

warfighting readiness. 

Sec. 1608. Use of small- and medium-size buses for strategic and tactical satellite 

payloads. 

Sec. 1609. Enhancement of positioning, navigation, and timing capacity. 

Sec. 1610. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable 

GPS receiver cards. 

Sec. 1611. Designation of component of Department of Defense responsible for coordination of hosted payload information. 

Sec. 1612. Limitation on availability of funds for Joint Space Operations Center 

mission system. 

Sec. 1613. Evaluation and enhanced security of supply chain for protected satellite 

communications programs and overhead persistent infrared systems. 

Sec. 1614. Report on protected satellite communications. 

Sec. 1615. Report on enhancements to the Global Positioning System Operational 

Control Segment. 

Sec. 1616. Report on persistent weather imagery for United States Central Command. 

Sec. 1617. Study on space-based radio frequency mapping. 

Sec. 1618. Independent study on space launch locations. 

Sec. 1619. Briefing on commercial satellite servicing capabilities. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Role of Under Secretary of Defense for Intelligence. 

Sec. 1622. Security vetting for foreign nationals. 

Sec. 1623. Department of Defense Counterintelligence polygraph program. 

Sec. 1624. Defense intelligence business management systems. 

Sec. 1625. Modification to annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands. 

Sec. 1626. Framework on governance, mission management, resourcing, and effective oversight of combat support agencies that are also elements of the 

intelligence community. 

Subtitle C—Cyberspace-Related Matters 

Sec. 1631. Reorganization and consolidation of certain cyber provisions. 

Sec. 1632. Affirming the authority of the Secretary of Defense to conduct military 

activities and operations in cyberspace. 

Sec. 1633. Department of Defense Cyber Scholarship Program scholarships and 

grants. 

Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities of Department of Defense critical infrastructure. 

Sec. 1635. Modification of acquisition authority of the Commander of the United 

States Cyber Command. 

Sec. 1636. Policy of the United States on cyberspace, cybersecurity, cyber warfare, 

and cyber deterrence. 

Sec. 1637. Budget display for cyber vulnerability evaluations and mitigation activities for major weapon systems of the Department of Defense. 

Sec. 1638. Determination of responsibility for the Department of Defense Information Networks. 

Sec. 1639. Procedures and reporting requirement on cybersecurity breaches and 

loss of personally identifiable information and controlled unclassified information. 


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Sec. 1640. Program to establish cyber institutes at institutions of higher learning. 

Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program. 

Sec. 1642. Active defense against the Russian Federation, People’s Republic of 

China, Democratic People’s Republic of Korea, and Islamic Republic of 

Iran attacks in cyberspace. 

Sec. 1643. Designation of official for matters relating to integrating cybersecurity 

and industrial control systems within the Department of Defense. 

Sec. 1644. Assistance for small manufacturers in the defense industrial supply 

chain and universities on matters relating to cybersecurity. 

Sec. 1645. Email and Internet website security and authentication. 

Sec. 1646. Security product integration framework. 

Sec. 1647. Information security continuous monitoring and cybersecurity scorecard. 

Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber incident. 

Sec. 1649. Pilot program on modeling and simulation in support of military homeland defense operations in connection with cyber attacks on critical infrastructure. 

Sec. 1650. Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure. 

Sec. 1651. Pilot program on regional cybersecurity training center for the Army National Guard. 

Sec. 1652. Cyberspace Solarium Commission. 

Sec. 1653. Study and report on reserve component cyber civil support teams. 

Sec. 1654. Identification of countries of concern regarding cybersecurity. 

Sec. 1655. Mitigation of risks to national security posed by providers of information 

technology products and services who have obligations to foreign governments. 

Sec. 1656. Report on Cybersecurity Apprentice Program. 

Sec. 1657. Report on enhancement of software security for critical systems. 

Subtitle D—Nuclear Forces 

Sec. 1661. Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council. 

Sec. 1662. Long-range standoff weapon requirements. 

Sec. 1663. Acceleration of ground-based strategic deterrent program and long-range 

standoff weapon program. 

Sec. 1664. Procurement authority for certain parts of intercontinental ballistic missile fuzes. 

Sec. 1665. Prohibition on reduction of the intercontinental ballistic missiles of the 

United States. 

Sec. 1666. Extension of prohibition on availability of funds for mobile variant of 

ground-based strategic deterrent missile. 

Sec. 1667. Exchange program for nuclear weapons program employees. 

Sec. 1668. Plan to train officers in nuclear command, control, and communications. 

Sec. 1669. Independent study on options to increase Presidential decision-time regarding nuclear weapons employment. 

Sec. 1670. Extension of annual report on plan for the nuclear weapons stockpile, 

nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. 

Sec. 1671. Plan for alignment of acquisition of warhead life extension programs and 

delivery vehicles for such warheads. 

Sec. 1672. Annual report on development of long-range stand-off weapon. 

Sec. 1673. Sense of Congress on nuclear posture of the United States. 

Subtitle E—Missile Defense Programs 

Sec. 1675. Development of persistent space-based sensor architecture. 

Sec. 1676. Boost phase ballistic missile defense. 

Sec. 1677. Extension of requirement for reports on unfunded priorities of Missile 

Defense Agency. 

Sec. 1678. Extension of prohibition relating to missile defense information and systems. 

Sec. 1679. Modification of requirement relating to transition of ballistic missile defense programs to military departments. 

Sec. 1680. Modification of requirement to develop a space-based ballistic missile 

intercept layer. 

Sec. 1681. Improvements to acquisition processes of Missile Defense Agency. 

Sec. 1682. Layered defense of the United States homeland. 

Sec. 1683. Testing of redesigned kill vehicle prior to production and ground-based 

midcourse defense acceleration options. 

Sec. 1684. Requirements for ballistic missile defense capable ships. 

Sec. 1685. Multiyear procurement authority for standard missile–3 IB guided missiles. 


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Sec. 1686. Limitation on availability of funds for Army lower tier air and missile 

defense sensor. 

Sec. 1687. Missile defense radar in Hawaii. 

Sec. 1688. Iron Dome short-range rocket defense system and Israeli cooperative 

missile defense program co-development and co-production. 

Sec. 1689. Acceleration of hypersonic missile defense program. 

Sec. 1690. Report on ballistic missile defense. 

Sec. 1691. Sense of Congress on allied partnerships for missile defense. 

Sec. 1692. Sense of Congress on testing by Missile Defense Agency. 

Subtitle F—Other Matters 

Sec. 1695. Extension of Commission to Assess the Threat to the United States from 

Electromagnetic Pulse Attacks and Similar Events. 

Sec. 1696. Procurement of ammonium perchlorate and other chemicals for use in 

solid rocket motors. 

Sec. 1697. Budget exhibit on support provided to entities outside Department of 

Defense. 

Sec. 1698. Conventional prompt global strike hypersonic capabilities. 

Sec. 1699. Report regarding industrial base for large solid rocket motors. 

Subtitle A—Space Activities 

SEC. 1601. IMPROVEMENTS TO ACQUISITION SYSTEM, PERSONNEL, 

AND ORGANIZATION OF SPACE FORCES. 

(a) ESTABLISHMENT OF SUBORDINATE UNIFIED COMMAND.— 

(1) IN GENERAL.—Chapter 6 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 169. Subordinate unified command of the United States 

Strategic Command 

‘‘(a) ESTABLISHMENT.—With the advice and assistance of the 

Chairman of the Joint Chiefs of Staff, the President, through the 

Secretary of Defense, shall establish under the United States Strategic Command a subordinate unified command to be known as 

the United States Space Command (in this section referred to 

as ‘space command’) for carrying out joint space warfighting operations. 

‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise directed by 

the Secretary of Defense, all active and reserve space warfighting 

operational forces of the armed forces shall be assigned to the 

space command. 

‘‘(c) COMMANDER.—(1) The commander of the space command 

shall hold the grade of general or, in the case of an officer of 

the Navy, admiral while serving in that position, without vacating 

the permanent grade of the officer. The commander shall be 

appointed to that grade by the President, by and with the advice 

and consent of the Senate, for service in that position. The position 

shall be designated, pursuant to subsection (b) of section 526 of 

this title, as one of the general officer and flag officer positions 

to be excluded from the limitations in subsection (a) of such section. 

‘‘(2) During the three-year period following the date on which 

the space command is established, the commander of the Air Force 

Space Command may also serve as the commander of the space 

command so established. After such period, one individual may 

not concurrently serve as both such commanders. 

‘‘(d) AUTHORITY OF COMMANDER.—(1) Subject to the authority, 

direction, and control of the commander of the United States Strategic Command, the commander of the space command shall be 

responsible for, and shall have the authority to conduct, all affairs 

of such command relating to joint space warfighting operations. 

10 USC 169. 


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‘‘(2)(A) Subject to the authority, direction, and control of the 

Deputy Secretary of Defense, the commander of the space command 

shall be responsible for, and shall have the authority to conduct, 

the following functions relating to joint space warfighting operations 

(whether or not relating to the space command): 

‘‘(i) Developing strategy, doctrine, and tactics. 

‘‘(ii) Preparing and submitting to the Secretary of Defense 

program recommendations and budget proposals for space operations forces and for other forces assigned to the space command. 

‘‘(iii) Exercising authority, direction, and control over the 

expenditure of funds for forces assigned directly to the space 

command. 

‘‘(iv) Training and certification of assigned joint forces. 

‘‘(v) Conducting specialized courses of instruction for 

commissioned and noncommissioned officers. 

‘‘(vi) Validating requirements. 

‘‘(vii) Establishing priorities for requirements. 

‘‘(viii) Ensuring the interoperability of equipment and 

forces. 

‘‘(ix) Formulating and submitting requirements for intelligence support. 

‘‘(x) Monitoring the promotion of space operation forces 

and coordinating with the military departments regarding the 

assignment, retention, training, professional military education, 

and special and incentive pays of space operation forces. 

‘‘(B) The authority, direction, and control exercised by the 

Deputy Secretary of Defense for purposes of this paragraph is 

authority, direction, and control with respect to the administration 

and support of the space command, including readiness and 

organization of space operations forces, space operations-peculiar 

equipment and resources, and civilian personnel. 

‘‘(C) Nothing in this paragraph shall be construed as providing 

the Deputy Secretary of Defense authority, direction, and control 

of operational matters that are subject to the operational chain 

of command of the combatant commands or the exercise of authority, 

direction, and control of personnel, resources, equipment, and other 

matters that are not space-operations peculiar and that are in 

the purview of the armed forces. 

‘‘(3) The commander of the space command shall be responsible 

for— 

‘‘(A) ensuring the combat readiness of forces assigned to 

the space command; and 

‘‘(B) monitoring the preparedness to carry out assigned 

missions of space forces assigned to unified combatant commands other than the United States Strategic Command. 

‘‘(4) The staff of the commander shall include an inspector 

general who shall conduct internal audits and inspections of purchasing and contracting actions through the space command and 

such other inspector general functions as may be assigned. 

‘‘(e) INTELLIGENCE AND SPECIAL ACTIVITIES.—This section does 

not constitute authority to conduct any activity which, if carried 

out as an intelligence activity by the Department of Defense, would 

require a notice to the Select Committee on Intelligence of the 

Senate and the Permanent Select Committee on Intelligence of 

the House of Representatives under title V of the National Security 

Act of 1947 (50 U.S.C. 3091 et seq.).’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 167b the following new item: 

‘‘169. Subordinate unified command of the United States Strategic Command’’. 

(3) BRIEFING.—The Secretary of the Air Force shall provide 

the Committees on Armed Services of the House of Representatives and the Senate a briefing on the need to develop additional 

recruitment measures or Reserve Officer Training Corps programs relating to space career fields. 

(b) PLAN FOR ACQUISITION SYSTEM.— 

(1) DEVELOPMENT.—The Deputy Secretary of Defense shall 

develop a plan to establish a separate, alternative acquisition 

system for defense space acquisitions, including with respect 

to procuring space vehicles, ground segments relating to such 

vehicles, and satellite terminals. 

(2) REQUIREMENTS PROCESS.—The plan developed under 

paragraph (1) shall include recommendations of the Deputy 

Secretary with respect to whether the separate, alternative 

acquisition system described in the plan should use the Joint 

Capabilities Integration and Development System process or 

instead use a new requirements process developed by the 

Deputy Secretary in a manner that ensures that requirements 

for a program are synchronized across the space vehicles, 

ground segments relating to such vehicles, and satellite terminals, of the program. 

(3) EXCEPTION.—The plan developed under paragraph (1) 

shall cover defense space acquisitions except with respect to 

the National Reconnaissance Office and other elements of the 

Department of Defense that are elements of the intelligence 

community (as defined in section 3 of the National Security 

Act of 1947 (50 U.S.C. 3003)). 

(4) SUBMISSION.—Not later than December 31, 2019, the 

Deputy Secretary shall submit to the congressional defense 

committees a report containing the plan developed under paragraph (1). 

(c) PLAN FOR CADRE DEVELOPMENT.— 

(1) DEVELOPMENT.—The Secretary of the Air Force shall 

develop a plan to increase the number and improve the quality 

of the space cadre of the Air Force. 

(2) MATTERS INCLUDED.—The plan developed under paragraph (1) shall address the following: 

(A) Managing the career progression of members of 

the Armed Forces and civilian employees of the Department 

who form the space cadre of the Air Force throughout 

the military or civilian career of the member or the 

employee, as the case may be, including with respect to— 

(i) defining career professional milestones; 

(ii) pay and incentive structures; 

(iii) the management and oversight of the space 

cadre; 

(iv) training relating to planning and executing 

warfighting missions and operations in space; 

(v) conducting periodic cadre-wide professional 

assessments to determine how the cadre is developing 

as a group; and 

10 USC 161 prec. 


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(vi) establishing a centralized method to control 

personnel assignments and distribution. 

(B) The identification of future space-related career 

fields that the Secretary determines appropriate, including 

a space acquisition career field. 

(C) The identification of any overlap that exists among 

operations and acquisitions career fields to determine 

opportunities for cross-functional career opportunities. 

(3) SUBMISSION.—Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees 

a report containing the plan developed under paragraph (1). 

SEC. 1602. MODIFICATIONS TO SPACE RAPID CAPABILITIES OFFICE. 

Section 2273a of title 10, United States Code, is amended 

to read as follows: 

‘‘§ 2273a. Space Rapid Capabilities Office 

‘‘(a) IN GENERAL.—There is within the Air Force Space Command a program office known as the Space Rapid Capabilities 

Office (in this section referred to as the ‘Office’). The facilities 

of the Office may not be co-located with the headquarters facilities 

of the Air Force Space and Missile Systems Center. 

‘‘(b) HEAD OF OFFICE.—The head of the Office shall be the 

designee of the Secretary of the Air Force. The head of the Office 

shall report to the Commander of the Air Force Space Command. 

‘‘(c) MISSION.—The mission of the Office shall be— 

‘‘(1) to contribute to the development of low-cost, rapid 

reaction payloads, busses, launch, and launch control capabilities in order to fulfill joint military operational requirements 

for on-demand space support and reconstitution; 

‘‘(2) to coordinate and execute space rapid capabilities 

efforts across the Department of Defense with respect to planning, acquisition, and operations; and 

‘‘(3) to rapidly develop and field new classified space 

capabilities. 

‘‘(d) ACQUISITION AUTHORITY.—The acquisition activities of the 

Office shall be subject to the following: 

‘‘(1) The Secretary of the Air Force shall designate the 

acquisition executive of the Office who shall provide streamlined 

acquisition authorities for projects of the Office. 

‘‘(2) The Joint Capabilities Integration and Development 

System process shall not apply to acquisitions by the Office. 

‘‘(3) The Commander of the United States Strategic Command, acting through the United States Space Command, 

shall— 

‘‘(A) establish and validate capability requirements; 

and 

‘‘(B) recommend priorities as the Commander determines appropriate. 

‘‘(e) REQUIRED PROGRAM ELEMENT.—(1) The Secretary of the 

Air Force shall ensure, within budget program elements for space 

programs, that— 

‘‘(A) there are separate, dedicated unclassified and 

classified program elements for space rapid capabilities; 

and 

‘‘(B) the Office executes the responsibilities of the Office 

through such program elements. 


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‘‘(2) The Office shall manage the program elements required 

by paragraph (1). 

‘‘(f) BOARD OF DIRECTORS.—The Secretary of the Air Force 

shall establish for the Office a Board of Directors (to be known 

as the ‘Space Rapid Capabilities Board of Directors’) to provide 

coordination, oversight, and approval of projects of the Office.’’. 

SEC. 1603. RAPID, RESPONSIVE, AND RELIABLE SPACE LAUNCH. 

(a) ASSURED ACCESS TO SPACE.—Section 2273 of title 10, United 

States Code, is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘; and’’; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

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

‘‘(3) the availability of rapid, responsive, and reliable space 

launches for national security space programs to— 

‘‘(A) improve the responsiveness and flexibility of a 

national security space system; 

‘‘(B) lower the costs of launching a national security 

space system; and 

‘‘(C) maintain risks of mission success at acceptable 

levels.’’; and 

(2) in subsection (c), by inserting before the period at the 

end the following: ‘‘and the Director of National Intelligence’’. 

(b) REUSABILITY OF LAUNCH VEHICLES.— 

(1) DESIGNATION.—Effective March 1, 2019, the Evolved 

Expendable Launch Vehicle program of the Department of 

Defense shall be known as the ‘‘National Security Space Launch 

program’’. Any reference in Federal law, regulations, guidance, 

instructions, or other documents of the Federal Government 

to the Evolved Expendable Launch Vehicle program shall be 

deemed to be a reference to the National Security Space Launch 

program. 

(2) REQUIREMENT.—In carrying out the National Security 

Space Launch program, the Secretary of Defense shall provide 

for consideration of both reusable and expendable launch 

vehicles with respect to any solicitation occurring on or after 

March 1, 2019, for which the use of a reusable launch vehicle 

is technically capable and maintains risk at acceptable levels. 

(3) NOTIFICATION OF SOLICITATIONS FOR NON-REUSABLE

LAUNCH VEHICLES.—Beginning March 1, 2019, if the Secretary 

proposes to issue a solicitation for a contract for space launch 

services for which the use of reusable launch vehicles is not 

eligible for the award of the contract, the Secretary shall notify 

in writing the appropriate congressional committees of such 

proposed solicitation, including justifications for such ineligibility, by not later than 10 days after issuing such solicitation. 

(c) RISK AND COST IMPACT ANALYSIS.— 

(1) IN GENERAL.—The Secretary shall conduct a risk and 

cost impact analysis with respect to launch services that use 

reusable launch vehicles. Such analysis shall include— 

(A) an assessment of how the inspection and certification regime of the Air Force for previously flown launch 

vehicles will ensure increased responsiveness and operational flexibility while maintaining acceptable risk; and 

10 USC 2273 

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(B) an assessment of the anticipated cost savings to 

the Department of Defense realized by using a previously 

flown launch vehicle or components. 

(2) SUBMISSION.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall submit to 

the appropriate congressional committees the analysis conducted under paragraph (1). 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

SEC. 1604. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES 

AND INFORMATION. 

(a) ROLE OF DEPARTMENT OF DEFENSE.—Section 2274(a) of 

title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretary of Defense may’’ and 

inserting ‘‘(1) Except as provided by paragraph (2), the Secretary of Defense may’’; and 

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

‘‘(2) Beginning January 1, 2024, the Secretary may provide 

space situational awareness services and information to, and may 

obtain space situational awareness data and information from, nonUnited States Government entities under paragraph (1) only to 

the extent that the Secretary determines such actions are necessary 

to meet the national security interests of the United States.’’. 

(b) PLAN.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the President shall transmit 

to the appropriate congressional committees a plan for a department or agency of the United States Government other than 

the Department of Defense to provide space situational awareness services and information to non-United States Government 

entities. 

(2) MATTERS INCLUDED.—The plan under paragraph (1) 

shall include the following: 

(A) An assessment of the existing and planned staff, 

budgetary resources, and relevant institutional expertise 

of the department or agency covered by the plan with 

respect to providing space situational awareness services 

and information. 

(B) An assessment of the demonstrated ability of such 

department or agency to work collaboratively with industry 

and academia in developing best practices or consensus 

standards. 

(C) An assessment of the existing and planned capacity 

of such department or agency to facilitate communication 

between space object operators to avoid a collision. 

(D) The ability of such department or agency to use 

other transaction agreements or similar transaction mechanisms to support space traffic management requirements. 

(E) Any additional authorities that would be required 

to assume the responsibility described in paragraph (1). 


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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Science, Space, and Technology, the 

Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives. 

(3) The Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate. 

SEC. 1605. BUDGET ASSESSMENTS FOR NATIONAL SECURITY SPACE 

PROGRAMS. 

Section 239(b)(1) of title 10, United States Code, is amended 

to read as follows: 

‘‘(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 

through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary 

may include the report in the defense budget materials if the 

Secretary submits such materials to Congress by such date.’’. 

SEC. 1606. IMPROVEMENTS TO COMMERCIAL SPACE LAUNCH OPERATIONS. 

Section 1617 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1106; 51 U.S.C. 

50918 note) is amended— 

(1) in subsection (c)— 

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) STREAMLINING.— 

‘‘(A) IN GENERAL.—With respect to any licensed activity 

under chapter 509 of title 51, United States Code, the 

Secretary of Defense may not impose any requirement on 

a licensee or transferee that is duplicative of, or overlaps 

in intent with, any requirement imposed by the Secretary 

of Transportation under that chapter. 

‘‘(B) WAIVER.—The Secretary of the Air Force may 

waive the limitation under subparagraph (A) if— 

‘‘(i) the Secretary determines that imposing a 

requirement described in that subparagraph is necessary to avoid negative consequences for the national 

security space program; and 

‘‘(ii) the Secretary notifies the Secretary of 

Transportation of such determination before making 

such waiver.’’; and 

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

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to limit the ability of the Secretary of Defense to 

consult with the Secretary of Transportation with respect to requirements and approvals under chapter 509 of title 51, United States 

Code.’’. 


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SEC. 1607. SPACE WARFIGHTING POLICY, REVIEW OF SPACE CAPABILITIES, AND PLAN ON SPACE WARFIGHTING READINESS. 

(a) SPACE WARFIGHTING POLICY.—Not later than March 29, 

2019, the Secretary of Defense shall develop a space warfighting 

policy. 

(b) REVIEW OF SPACE CAPABILITIES.— (1) IN GENERAL.—The Secretary shall conduct a review 

relating to the national security space enterprise that evaluates 

the following: 

(A) The resiliency of the national security space enterprise with respect to a conflict. 

(B) The ability of the national security space enterprise 

to attribute an attack on a space system in a timely 

manner. 

(C) The ability of the United States— 

(i) to resolve a conflict in space; and 

(ii) to determine the material means by which 

such conflict may be resolved. 

(D) Specific options for the national security space 

enterprise to provide the ability— 

(i) to defend against aggressive behavior in space 

at all levels of conflict; 

(ii) to defeat any adversary that demonstrates 

aggressive behavior in space at all levels of conflict; 

(iii) to deter aggressive behavior in space at all 

levels of conflict; and 

(iv) to develop a declassification strategy, if 

required to demonstrate deterrence. 

(E) The effectiveness and efficiency of the national 

security space enterprise to rapidly research, develop, 

acquire, and deploy space capabilities and capacities— 

(i) to deter and defend the national security space 

assets of the United States; and 

(ii) to respond to any new threat to such space 

assets. 

(F) The roles, responsibilities, and authorities of the 

Department of Defense with respect to space control activities. 

(G) Any emerging space threat the Secretary expects 

the United States to confront during the 10-year period 

beginning on the date of the enactment of this Act. 

(H) Such other matters as the Secretary considers 

appropriate. 

(2) REPORT.— 

(A) IN GENERAL.—Not later than March 29, 2019, the 

Secretary shall submit to the congressional defense committees a report on the findings of the review under paragraph 

(1). 

(B) FORM.—The report under subparagraph (A) shall 

be submitted in unclassified form, but may include a classified annex. 

(c) PLAN ON SPACE WARFIGHTING READINESS.— 

(1) IN GENERAL.—Not later than March 29, 2019, the Secretary of Defense shall develop, and commence the implementation of, a plan that— 

(A) identifies joint mission-essential tasks for space 

as a warfighting domain; 

10 USC 2271 

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(B) identifies any additional authorities, or delegated 

authorities, that would need to accompany the employment 

of forces to meet such mission-essential tasks; 

(C) meets the readiness requirements for space 

warfighting, including with respect to equipment, training, 

and personnel, to meet such mission-essential tasks; and 

(D) considers the contributions by allies and partners 

of the United States with respect to defense space capabilities to increase burden sharing across space systems, as 

appropriate. 

(2) BRIEFING.—Not later than March 29, 2019, the Secretary shall provide to the Committees on Armed Services 

of the House of Representatives and the Senate, and to any 

other congressional defense committee upon request, a briefing 

describing the authorities identified under paragraph (1)(B) 

that the Secretary determines require legislative action. 

SEC. 1608. USE OF SMALL- AND MEDIUM-SIZE BUSES FOR STRATEGIC 

AND TACTICAL SATELLITE PAYLOADS. 

(a) BRIEFING ON RISKS, BENEFITS, AND COST SAVINGS.— 

(1) BRIEFING.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall provide 

to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate 

congressional committee upon request, a briefing on the risks, 

benefits, and cost savings with respect to using small- and 

medium-size buses for strategic and tactical satellite payloads 

for protected satellite communications programs and nextgeneration overhead persistent infrared systems. 

(2) MATTERS INCLUDED.—The briefing provided under paragraph (1) shall address the following: 

(A) Increasing component and subcomponent commonality for power regulation, solar arrays, battery technology, thermal control, and avionics. 

(B) The security of the supply chain, including a 

strategy to mitigate risk in such supply chain. 

(C) Requirements for radiation hardening of critical 

components. 

(b) ANALYSES OF ALTERNATIVES.— 

(1) CERTIFICATIONS.—Upon the completion of each analysis 

of alternatives of new space vehicles relating to a program 

described in paragraph (2), the Director for Cost Assessment 

and Program Evaluation shall certify to the appropriate 

congressional committees that the analysis— 

(A) includes materiel solutions for using small- and 

medium-size buses; and 

(B) considers the relevant operational benefits and 

potential cost savings of using small-, medium-, and largesize buses. 

(2) PROGRAMS DESCRIBED.—The programs described in this 

paragraph are the programs of the Department of Defense 

relating to any of the following: 

(A) Protected satellite communications. 

(B) Next-generation overhead persistent infrared systems. 

(C) Space-based environmental monitoring. 


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(c) BRIEFING ON ALTERNATIVE SPACE-BASED ARCHITECTURES.— Not later than 240 days after the date of the enactment of this 

Act, the Secretary of Defense, the Secretary of the Air Force, and 

the Chairman of the Joint Chiefs of Staff shall jointly provide 

to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional 

committee upon request, a briefing on alternative space-based 

architectures for the programs described in subsection (b)(2) using 

small-, medium-, and large-size buses. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

SEC. 1609. ENHANCEMENT OF POSITIONING, NAVIGATION, AND TIMING 

CAPACITY. 

(a) CAPABILITY FOR TRUSTED SIGNALS.— 

(1) REQUIREMENT.—Except as provided by paragraph (2), 

subject to appropriate mitigation efforts, the Secretary of the 

Air Force shall ensure that military Global Positioning System 

user equipment terminals have the capability to receive trusted 

signals from the Galileo satellites of the European Union and 

the QZSS satellites of Japan, beginning with increment 2 of 

the acquisition of such terminals. 

(2) WAIVER.—The Secretary of Defense may waive, on a 

case-by-case basis, the requirement under paragraph (1) for 

military Global Positioning System user equipment terminals 

to have the capability described in such paragraph if the Secretary submits to the congressional defense committees a report 

containing— 

(A) the rationale for why the Secretary could not 

integrate such capability beginning with increment 2 of 

the acquisition of such terminals; and 

(B) a plan, including a timeline, to incorporate such 

capability in future increments of such terminals. 

(3) LIMITATION ON DELEGATION.—The Secretary of Defense 

may not delegate the authority under paragraph (2) to make 

a waiver below the Deputy Secretary of Defense. 

(b) CAPABILITY FOR OTHER SIGNALS.—The Secretary of the Air 

Force shall ensure that military Global Positioning System user 

equipment terminals having the capability to receive non-allied 

positioning, navigation, and timing signals, beginning with increment 2 of the acquisition of such terminals, if the Secretary of 

Defense, in consultation with the Commander of the United States 

Strategic Command, determines that— 

(1) the benefits of receiving such signals outweigh the 

risks; or 

(2) such risks can be appropriately mitigated. 

(c) ENGAGEMENT.—The Secretary of Defense and the Secretary 

of State shall jointly engage with relevant allies of the United 

States to— 

(1) enable military Global Positioning System user equipment terminals to receive the positioning, navigation, and 

timing signals of such allies; and 

10 USC 2281 

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(2) negotiate as appropriate other potential agreements 

relating to the enhancement of positioning, navigation, and 

timing. 

SEC. 1610. DESIGNATION OF COMPONENT OF DEPARTMENT OF 

DEFENSE RESPONSIBLE FOR COORDINATION OF MODERNIZATION EFFORTS RELATING TO MILITARY-CODE 

CAPABLE GPS RECEIVER CARDS. 

(a) DESIGNATION.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense, in coordination 

with the Secretaries of the military departments and the heads 

of Defense Agencies the Secretary determines appropriate, shall 

designate a component of the Office of the Secretary of Defense 

to be responsible for coordinating common solutions for the Mcode modernization efforts among the military departments, Defense 

Agencies, and other appropriate elements of the Department of 

Defense. 

(b) ROLES AND RESPONSIBILITIES.—The roles and responsibilities of the component selected under subsection (a) shall include 

the following: 

(1) Identify the elements of the Department of Defense 

and the programs of the Department that require M-code 

capable receiver cards and determine— 

(A) the number of total receiver cards required by 

the Department, including the number required for each 

such element and program and the military departments; 

(B) the timeline, by fiscal year, for each program of 

the Department conducting M-code modernization efforts; 

and 

(C) the projected cost for each such program. 

(2) Systematically collect integration test data, lessons 

learned, and design solutions, and share such information with 

other elements of the Department. 

(3) Identify ways the Department can prevent duplication 

in conducting M-code modernization efforts, and identify, to 

the extent practicable, potential cost savings that could be 

realized by addressing such duplication. 

(4) Coordinate the integration, testing, and procurement 

of M-code capable receiver cards to ensure that the Department 

maximizes the buying power of the Department, reduces 

duplication, and saves resources, where possible. 

(c) SUPPORT.—The Secretary of Defense shall ensure the military departments, the Defense Agencies, and other elements of 

the Department of Defense provide the component selected under 

subsection (a) with the appropriate support and resources needed 

to perform the roles and responsibilities under subsection (b). 

(d) REPORTS.—Not later than March 15, 2019, and annually 

thereafter through 2021, the Secretary of Defense shall provide 

to the congressional defense committees a report on M-code modernization efforts. Each report shall include, with respect to the 

period covered by the report, the following: 

(1) The projected cost and schedule, by fiscal year, for 

the Department to acquire M-code capable receiver cards. 

(2) The programs of the Department conducting M-code 

modernization efforts. 

(3) The number of M-code capable receiver cards procured 

by the Department, the number of such receiver cards yet 

10 USC 2281 

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to be procured, and the percentage of the M-code modernization 

efforts completed by each program identified under paragraph 

(2). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘M-code capable receiver card’’ means a Global 

Positioning System receiver card that is capable of receiving 

military code that provides enhanced positioning, navigation, 

and timing capabilities and improved resistance to existing 

and emerging threats, such as jamming. 

(2) The term ‘‘M-code modernization efforts’’ means the 

development, integration, testing, and procurement programs 

of the Department of Defense relating to developing M-code 

capable receiver cards. 

SEC. 1611. DESIGNATION OF COMPONENT OF DEPARTMENT OF 

DEFENSE RESPONSIBLE FOR COORDINATION OF HOSTED 

PAYLOAD INFORMATION. 

Not later than 30 days after the date of the enactment of 

this Act, the Secretary of Defense, in coordination with the Secretary of the Air Force, and other Secretaries of the military departments and the heads of Defense Agencies the Secretary determines 

appropriate, shall designate a component of the Department of 

Defense or a military department to be responsible for coordinating 

information, processes, and lessons learned relating to using 

commercially hosted payloads across the military departments, 

Defense Agencies, and other appropriate elements of the Department of Defense. The functions of such designated component shall 

include, at a minimum, the following: 

(1) Systematically collecting information from past and 

planned hosted payload arrangements to inform future acquisition planning and space system architecture design, including 

integration test data, lessons learned, and design solutions. 

(2) Creating a centralized database for cost, technical data, 

and lessons learned on commercially hosted payloads and 

sharing such information with other elements of the Department. 

SEC. 1612. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT SPACE 

OPERATIONS CENTER MISSION SYSTEM. 

(a) JMS.—Of the funds authorized to be appropriated by this 

Act or otherwise made available for fiscal year 2019 for the Joint 

Space Operations Center mission system, not more than 50 percent 

may be obligated or expended until the date on which the Secretary 

of the Air Force makes the certification under subsection (c). 

(b) ESBMC2.—Of the funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2019 for service 

and management applications of the enterprise space battle 

management command and control, not more than 75 percent may 

be obligated or expended until the date on which the Secretary 

of the Air Force makes the certification under subsection (c). 

(c) CERTIFICATION.—The Secretary of the Air Force, without 

delegation, shall certify to the congressional defense committees 

that the Secretary has entered into a contract to operationalize 

existing, proven, best-in-breed commercial space situational awareness processing software to address warfighter requirements and 

fill gaps in current space situational capabilities. 

10 USC 2271 

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SEC. 1613. EVALUATION AND ENHANCED SECURITY OF SUPPLY CHAIN 

FOR PROTECTED SATELLITE COMMUNICATIONS PROGRAMS AND OVERHEAD PERSISTENT INFRARED SYSTEMS. 

(a) EVALUATIONS OF SUPPLY CHAIN VULNERABILITIES.— 

(1) IN GENERAL.—Not later than December 31, 2020, and 

in accordance with the plan under paragraph (2)(A), the Secretary of Defense, in coordination with the Director of National 

Intelligence, shall conduct evaluations of the supply chain 

vulnerabilities of each covered program. 

(2) PLAN.— 

(A) DEVELOPMENT.—The Secretary shall develop a plan 

to carry out the evaluations under paragraph (1), including 

with respect to the personnel and resources required to 

carry out such evaluations. 

(B) BRIEFING.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall provide 

to the Committees on Armed Services of the House of 

Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing 

on the plan under subparagraph (A). 

(3) WAIVER.—The Secretary may waive, on a case-by-case 

basis with respect to a covered program, either the requirement 

to conduct an evaluation under paragraph (1) or the deadline 

specified in such paragraph if the Secretary certifies to the 

congressional defense committees before such date that all 

known supply chain vulnerabilities of such covered program 

have minimal consequences for the capability of such covered 

program to meet operational requirements or otherwise satisfy 

mission requirements. 

(4) RISK MITIGATION STRATEGIES.—In carrying out an 

evaluation under paragraph (1), the Secretary shall develop— 

(A) strategies for mitigating the risks of supply chain 

vulnerabilities identified in the course of such evaluation; 

and 

(B) cost estimates for such strategies. 

(b) PRIORITIZATION OF CERTAIN SUPPLY CHAIN RISK MANAGEMENT EFFORTS.— 

(1) INSTRUCTIONS.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall issue a Department of Defense Instruction, or update such an Instruction, 

establishing the prioritization of supply chain risk management 

programs, including supply chain risk management threat 

assessment reporting, to ensure that acquisition and 

sustainment programs relating to covered programs receive 

priority of such supply chain risk management programs and 

reporting. 

(2) REQUIREMENTS.— 

(A) ESTABLISHMENT.—The Secretary shall establish 

requirements to carry out supply chain risk management 

threat assessment collections and analyses under acquisition and sustainment programs relating to covered programs. 

(B) BRIEFING.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary shall provide 

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Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing 

on the requirements established under subparagraph (A). 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the following: 

(A) The congressional defense committees. 

(B) The Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(2) The term ‘‘covered programs’’ means programs of the 

Department of Defense relating to any of the following: 

(A) Protected satellite communications. 

(B) Next-generation overhead persistent infrared systems. 

SEC. 1614. REPORT ON PROTECTED SATELLITE COMMUNICATIONS. 

Not later than December 31, 2018, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

how each of the following programs will meet the requirements 

for resilience, mission assurance, and the nuclear command, control, 

and communication missions of the Department of Defense: 

(1) The evolved strategic satellite program. 

(2) The protected tactical service program. 

(3) The protected tactical enterprise service program. 

SEC. 1615. REPORT ON ENHANCEMENTS TO THE GLOBAL POSITIONING 

SYSTEM OPERATIONAL CONTROL SEGMENT. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report that identifies 

whether the current Global Positioning System Operational Control 

Segment (in this section referred to as ‘‘OCS’’) can be incrementally 

improved to achieve capabilities similar to the Next Generation 

Operational Control Segment (in this section referred to as ‘‘OCX’’) 

used to operate the Global Positioning System III. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) A cybersecurity review of both OCS and OCX to determine the specific cybersecurity improvements needed to operate 

the system through 2030, including— 

(A) the cybersecurity improvements to OCS needed 

to match the cybersecurity capabilities that OCX is 

intended to provide; 

(B) any additional OCS cybersecurity protections 

needed beyond those OCX is intended to provide; and 

(C) any additional OCX cybersecurity protections 

needed beyond those for which OCX is currently contracted. 

(2) An incremental development plan for OCS, including— 

(A) the number of additional incremental upgrades 

needed to achieve capabilities similar to OCX, including 

a discussion of— 

(i) any additional capabilities needed; 

(ii) the specific capabilities in each upgrade; 

(iii) the duration of each upgrade; and 

(iv) a full schedule to complete all upgrades; 

(B) the estimated cost for each incremental OCS 

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(C) the total estimated cost across fiscal years for all 

OCS upgrades to achieve capabilities similar to OCX and 

any additional capabilities. 

(3) The date by which the Department of Defense would 

have to begin contracting for each incremental OCS upgrade 

to ensure availability of OCS for the Global Positioning System 

III. 

(4) A comparison of current improvements to OCS that 

are underway, and additional OCS incremental improvements 

described under paragraph (2), to the program of record OCX 

capabilities, including— 

(A) the acquisition and sustainment cost by fiscal year 

through fiscal year 2030 for OCS and OCX; 

(B) a comparison schedule between OCS (including 

incremental improvements described under paragraph (2)) 

and OCX that identifies the delivery dates and capability 

delivered; and 

(C) the cost and schedule required to provide OCX 

with any additional needed capabilities that are now 

required and not currently in the program of record. 

SEC. 1616. REPORT ON PERSISTENT WEATHER IMAGERY FOR UNITED 

STATES CENTRAL COMMAND. 

(a) REPORT.—Not later than March 1, 2019, the Secretary of 

the Air Force shall submit to the congressional defense committees 

a report on options to provide the United States Central Command 

with persistent weather imagery for the area of operations of the 

Command beginning not later than January 1, 2026. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A description of long-term options for providing the 

United States Central Command with persistent weather 

imagery for the area of operations of the Command that— 

(A) do not rely on data provided by a foreign government; and 

(B) do not include relocating legacy geostationary operational environmental satellites. 

(2) A description of the costs required to carry out each 

option included in the report. 

SEC. 1617. STUDY ON SPACE-BASED RADIO FREQUENCY MAPPING. 

(a) STUDY.—The Secretary of Defense and the Director of 

National Intelligence shall jointly conduct a study on the capabilities 

of the private sector with respect to space-based radio frequency 

mapping and associated operations and services for space-based 

electromagnetic collections. Such study shall address the following: 

(1) The near-term commercial market offerings of such 

operations and services in the United States and outside the 

United States. 

(2) The potential national security benefits to the United 

States provided by such operations and services. 

(3) The potential national security risks to the United 

States posed by such operations and services. 

(4) The sufficiency of existing legal authorities available 

to the Secretary and the Director to address such potential 

risks. 

(b) REPORT.—Not later than 90 days after the date of the 

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submit to the congressional defense committees, the Permanent 

Select Committee on Intelligence of the House of Representatives, 

and the Select Committee on Intelligence of the Senate a report 

containing the study under subsection (a). 

SEC. 1618. INDEPENDENT STUDY ON SPACE LAUNCH LOCATIONS. 

(a) INDEPENDENT STUDY.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

seek to enter into a contract with a federally funded research 

and development center to conduct a study on space launch locations, including with respect to the development and capacity of 

existing and new locations. The study shall, at a minimum— 

(1) identify how additional locations affect the capability 

of the Department of Defense to rapidly reconstitute and 

improve resilience for defense satellite system launches; 

(2) identify the capacities of current and new space launch 

locations, in light of the rapid increase in using commercial 

space services to support national security space missions and 

military requirements; 

(3) identify partnerships within State government-owned 

and operated spaceports that should be developed to increase 

launch capacities and enhance the space resiliency of the United 

States; 

(4) provide recommendations on strategic placement for 

future space launch sites; and 

(5) identify costs associated with additional locations and 

whether such costs should be borne by the Department of 

Defense, State governments, or private entities. 

(b) SUBMISSION TO DOD.—Not later than 240 days after the 

date of the enactment of this Act, the federally funded research 

and development center shall submit to the Secretary a report 

containing the study conducted under subsection (a). 

(c) SUBMISSION TO CONGRESS.—Not later than 270 days after 

the date of the enactment of this Act, the Secretary shall submit 

to the appropriate congressional committees the report under subsection (a), without change. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Science, Space, and Technology and 

the Committee on Transportation and Infrastructure of the 

House of Representatives. 

(3) The Committee on Commerce, Science, and Transportation of the Senate. 

SEC. 1619. BRIEFING ON COMMERCIAL SATELLITE SERVICING 

CAPABILITIES. 

(a) BRIEFING.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense, in consultation 

with the Director of National Intelligence, shall jointly provide 

the Committees on Armed Services of the House of Representatives 

and the Senate, and to any other appropriate congressional committee upon request, a briefing detailing the costs, risks, and operational benefits of leveraging commercial satellite servicing capabilities for national security satellite systems. 

(b) ELEMENTS.—The briefing under subsection (a) shall include 

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(1) A prioritized list, with rationale, of operational and 

planned assets of the Department of Defense that could be 

enhanced by satellite servicing missions. 

(2) The costs, risks, and benefits of integrating satellite 

servicing capabilities as a part of operational resilience. 

(3) Potential strategies that could allow future national 

security space systems to leverage commercial on-orbit servicing 

capabilities where appropriate and feasible. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committee’’ 

means— 

(1) the congressional defense committees; 

(2) the Committee on Science, Space, and Technology and 

the Permanent Select Committee on Intelligence of the House 

of Representatives; and 

(3) the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. 

Subtitle B—Defense Intelligence and 

Intelligence-Related Activities 

SEC. 1621. ROLE OF UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE. 

Subsection (b) of section 137 of title 10, United States Code, 

is amended to read as follows: 

‘‘(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence 

shall— 

‘‘(1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use 

of resources, for the activities of the Department of Defense 

that are part of the Military Intelligence Program; 

‘‘(2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the 

National Security Act of 1947 (50 U.S.C. 3038), as delegated 

by the Secretary of Defense; 

‘‘(3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use 

of resources, for personnel security, physical security, industrial 

security, and the protection of classified information and controlled unclassified information, related activities of the Department of Defense; and 

‘‘(4) perform such duties and exercise such powers as the 

Secretary of Defense may prescribe in the area of intelligence.’’. 

SEC. 1622. SECURITY VETTING FOR FOREIGN NATIONALS. 

(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 

is amended by inserting after section 1564a the following new 

section: 

‘‘§ 1564b. Security vetting for foreign nationals 

‘‘(a) STANDARDS AND PROCESS.—(1) The Secretary of Defense, 

in coordination with the Security Executive Agent established 

pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 

3161 note), shall develop uniform and consistent standards and 

a centralized process for the screening and vetting of covered foreign 

10 USC 1564b. 


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individuals requiring access to systems, facilities, personnel, 

information, or operations, of the Department of Defense, including 

with respect to the background investigations of covered foreign 

individuals requiring access to classified information. 

‘‘(2) The Secretary shall ensure that the standards developed 

under paragraph (1) are consistent with relevant directives of the 

Security Executive Agent. 

‘‘(3) The Secretary shall designate an official of the Department 

of Defense to be responsible for executing the centralized process 

developed under paragraph (1) and adjudicating any information 

discovered pursuant to such process. 

‘‘(b) OTHER USES.—In addition to using the centralized process 

developed under subsection (a)(1) for covered foreign individuals, 

the Secretary may use the centralized process in determining 

whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance 

with the adjudicative guidelines under part 147 of title 32, Code 

of Federal Regulations, or such successor regulation. 

‘‘(c) COVERED FOREIGN INDIVIDUAL DEFINED.—In this section, 

the term ‘covered foreign individual’ means an individual who meets 

the following criteria: 

‘‘(1) The individual is— 

‘‘(A) a national of a foreign state; 

‘‘(B) a national of the United States (as such term 

is defined in section 101 of the Immigration and Nationality 

Act (8 U.S.C. 1101)) and also a national of a foreign state; 

or 

‘‘(C) an alien who is lawfully admitted for permanent 

residence (as such term is defined in section 101 of the 

Immigration and Nationality Act (8 U.S.C. 1101)). 

‘‘(2) The individual is either— 

‘‘(A) a civilian employee of the Department of Defense 

or a contractor of the Department; or 

‘‘(B) a member of the armed forces.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1564a the following new item: 

‘‘1564b. Security vetting for foreign nationals.’’. 

(c) BRIEFING.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

provide to the Committees on Armed Services of the House 

of Representatives and the Senate, and to any other appropriate 

congressional committee upon request, a briefing on— 

(A) the process developed under paragraph (1) of section 1564b(a) of title 10, United States Code, as added 

by subsection (a); and 

(B) the official designated under paragraph (3) of such 

section 1564b(a). 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means the following: 

(A) The Committees on Armed Services of the House 

of Representatives and the Senate. 

10 USC 1561 

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(B) The Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

SEC. 1623. DEPARTMENT OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 

(a) ADDITION OF DUAL-NATIONALS.—Subsection (b) of section 

1564a of title 10, United States Code, is amended to read as 

follows: 

‘‘(b) PERSONS COVERED.—Except as provided in subsection (d), 

the following persons are subject to this section: 

‘‘(1) With respect to persons whose duties are described 

in subsection (c)— 

‘‘(A) military and civilian personnel of the Department 

of Defense; 

‘‘(B) personnel of defense contractors; 

‘‘(C) persons assigned or detailed to the Department 

of Defense; and 

‘‘(D) applicants for a position in the Department of 

Defense. 

‘‘(2) A person who is— 

‘‘(A) a national of the United States (as such term 

is defined in section 101 of the Immigration and Nationality 

Act (8 U.S.C. 1101)) and also a national of a foreign state; 

and 

‘‘(B) either— 

‘‘(i) a civilian employee or contractor who requires 

access to classified information; or 

‘‘(ii) a member of the armed forces who requires 

access to classified information.’’. 

(b) STANDARDS FOR DUAL-NATIONALS.—Subsection (e)(2) of such 

section is amended by adding at the end the following new subparagraph: 

‘‘(D) With respect to persons described in subsection (b)(2), 

to assist in assessing any counterintelligence threats identified 

in an authorized investigation of foreign preference or foreign 

influence risks, as described in part 147 of title 32, Code of 

Federal Regulations, or such successor regulations.’’. 

(c) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in subsection (c), by striking ‘‘in subsection (b)’’ and 

inserting ‘‘in subsection (b)(1)’’; and 

(2) in subsection (e)(2)(A), by striking ‘‘in subsections (b)’’ 

and inserting ‘‘in subsections (b)(1)’’. 

(d) RULE OF CONSTRUCTION.—Nothing in section 1564a of title 

10, United States Code, as amended by this section, shall be construed to prohibit the granting of a security clearance to persons 

described in subsection (b)(2) of such section absent information 

relevant to the adjudication process, as described in part 147 of 

title 32, Code of Federal Regulations, or such successor regulations. 

SEC. 1624. DEFENSE INTELLIGENCE BUSINESS MANAGEMENT SYSTEMS. 

(a) STANDARDIZED BUSINESS PROCESS RULES.— 

(1) DEVELOPMENT.—Not later than October 1, 2020, the 

Chief Management Officer of the Department of Defense, in 

coordination with the Under Secretary of Defense (Comptroller) 

and the Under Secretary of Defense for Intelligence, shall 

10 USC 2222 

note. 

10 USC 1564a 

note. 


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develop and implement standardized business process rules 

for the planning, programming, budgeting, and execution 

process for the Military Intelligence Program. 

(2) TREATMENT OF DATA.—The Chief Management Officer 

shall develop the standardized business process rules under 

paragraph (1) in accordance with section 911 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 

115–91; 131 Stat. 1519; 10 U.S.C. 2222 note) and section 

2222(e)(6) of title 10, United States Code. 

(3) USE OF EXISTING SYSTEMS.—In developing the standardized business process rules under paragraph (1), to the extent 

practicable, the Chief Management Officer shall use enterprise 

business systems of the Department of Defense in existence 

as of the date of the enactment of this Act. 

(4) REPORT.—Not later than March 1, 2019, the Chief 

Management Officer of the Department of Defense, the Under 

Secretary of Defense (Comptroller), and the Under Secretary 

of Defense for Intelligence shall jointly submit to the appropriate congressional committees a report containing a plan 

to develop the standardized business process rules under paragraph (1). 

(5) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this 

subsection, the term ‘‘appropriate congressional committees’’ 

means the following: 

(A) The congressional defense committees. 

(B) The Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(b) PROGRAM ELEMENTS.— (1) IN GENERAL.—Chapter 9 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 239b. Certain intelligence-related programs: budget justification materials 

‘‘(a) PROHIBITION ON USE OF PROGRAM ELEMENTS.—In the 

budget justification materials submitted to Congress in support 

of the Department of Defense budget for fiscal year 2021 and 

each fiscal year thereafter (as submitted with the budget of the 

President under section 1105(a) of title 31), the Secretary of Defense 

may not include in any single program element both funds made 

available under the Military Intelligence Program and funds made 

available outside of the Military Intelligence Program. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’ has the meaning given that term 

in section 231(f) of this title. 

‘‘(2) The term ‘defense budget materials’ has the meaning 

given that term in section 231(f) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 239a the following new item: 

‘‘239b. Certain intelligence-related programs: budget justification materials.’’. 

SEC. 1625. MODIFICATION TO ANNUAL BRIEFING ON THE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE 

REQUIREMENTS OF THE COMBATANT COMMANDS. 

(a) IN GENERAL.—Section 1626 of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal 

10 USC 221 prec. 

10 USC 239b. 


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Year 2015 (Public Law 113–291; 128 Stat. 3635), as amended by 

section 1624 of the National Defense Authorization Act for Fiscal 

Year 2018 (Public Law 115–91; 131 Stat. 1732), is further 

amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘2020’’ and inserting ‘‘2025’’; and 

(2) in paragraph (1)— 

(A) in subparagraph (B), by striking ‘‘; and’’ and 

inserting a semicolon; and 

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

‘‘(D) for the year preceding the year in which the briefing 

is provided— 

‘‘(i) the number of hours or amount of capacity of 

intelligence, surveillance, and reconnaissance requested by 

each commander of a combatant command, by specific intelligence capability type; 

‘‘(ii) the number of such requests identified under 

clause (i) that the Joint Chiefs of Staff determined to 

be a validated requirement, including the number of hours 

or amount of capacity of such requests that were provided 

to each such commander; and 

‘‘(iii) with respect to such validated requirements, the 

number of hours or amount of capacity of intelligence, 

surveillance, and reconnaissance, by specific intelligence 

capability type, that the Joint Chiefs of Staff requested 

each military department to provide, and the number of 

such hours or the amount of such capacity so provided 

by each such military department; and’’. 

(b) CODIFICATION.—Such section 1626, as amended by subsection (a), is— 

(1) transferred to chapter 21 of title 10, United States 

Code; and 

(2) redesignated as subsection (c) of section 426 of such 

title. 

SEC. 1626. FRAMEWORK ON GOVERNANCE, MISSION MANAGEMENT, 

RESOURCING, AND EFFECTIVE OVERSIGHT OF COMBAT 

SUPPORT AGENCIES THAT ARE ALSO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY. 

(a) FRAMEWORK REQUIRED.— 

(1) IN GENERAL.—In accordance with section 105 of the 

National Security Act of 1947 (50 U.S.C. 3038), section 193 

of title 10, United States Code, and section 1018 of the National 

Security Intelligence Reform Act of 2004 (Public Law 108– 

458; 50 U.S.C. 3023 note), the Secretary of Defense, in coordination with the Director of National Intelligence, shall develop 

and establish in policy a framework and supporting processes 

within the Department of Defense to help ensure that the 

missions, roles, and functions of the combat support agencies 

of the Department of Defense that are also elements of the 

intelligence community, and other intelligence components of 

the Department, are appropriately balanced and resourced. 

(2) SCOPE.—The framework shall include a consistent, 

repeatable process for the evaluation of proposed additions, 

transfers, or eliminations of a mission, role, or functions and 

10 USC 193 note. 


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132 STAT. 2122 PUBLIC LAW 115–232—AUG. 13, 2018 

associated resource profiles of the elements described in paragraph (1) for purposes of preventing imbalances in priorities, 

insufficient or misaligned resources, and the unauthorized 

expansion of mission parameters. 

(b) ELEMENTS.—The framework required by subsection (a) shall 

include the following: 

(1) A lexicon of relevant terms used by the Department 

of Defense and the Office of the Director of National Intelligence 

that— 

(A) ensures consistent definitions are used in determinations about the balance described in subsection (a)(1); 

and 

(B) reconciles jointly used definitions. 

(2) A reevaluation of the intelligence components of the 

Department, including the Joint Intelligence Centers and Joint 

Intelligence Operations Centers within the combatant commands, in order to determine which components should be 

formally designated as part of the intelligence community and 

any components not so designated conform to relevant 

tradecraft standards. 

(3) A repeatable process of the Department for evaluating 

the addition, transfer, or elimination of defense intelligence 

missions, roles, and functions, currently or to be performed 

by elements described in subsection (a)(1) that includes— 

(A) a justification for any proposed addition, transfer, 

or elimination of a mission, role, or function; 

(B) the identification of the elements in the Federal 

Government, if any, that currently perform the mission, 

role, or function concerned; 

(C) for any proposed addition of a mission, role, or 

function, an assessment of the most appropriate element 

of the Department to assume it, taking into account current 

resource profiles, scope of existing responsibilities, primary 

customers, and infrastructure necessary to support the 

addition; and 

(D) for any proposed addition or transfer of a mission, 

role, or function— 

(i) a determination of the appropriate resource profile for such mission, role, or function; and 

(ii) the identification, in writing, for the Department elements concerned of the resources anticipated 

to be needed and source of such resources during the 

period covered by the future-years defense program 

submitted to Congress under section 221 of title 10, 

United States Code, as in effect at the time of the 

proposed addition or transfer. 

(c) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary, in coordination with the 

Director, shall provide to the Committees on Armed Services of 

the House of Representatives and the Senate, and to any other 

appropriate congressional committee upon request, a briefing on 

the framework required by subsection (a). 

(d) POLICY.—Not later than 270 days after the date of the 

enactment of this Act, the Secretary, in coordination with the 

Director, shall submit to the appropriate congressional committees 

a report setting forth the policy establishing the framework required 

by subsection (a). 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2123 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) The term ‘‘combat support agency’’ has the meaning 

given that term in section 193 of title 10, United States Code. 

(3) The term ‘‘intelligence community’’ has the meaning 

given that term in section 3(4) of the National Security Act 

of 1947 (50 U.S.C. 3003(4)). 

Subtitle C—Cyberspace-Related Matters 

SEC. 1631. REORGANIZATION AND CONSOLIDATION OF CERTAIN 

CYBER PROVISIONS. 

(a) IN GENERAL.—Part I of subtitle A of title 10, United States 

Code, is amended— 

(1) by transferring sections 130g, 130j, and 130k to chapter 

19 of such part to appear after section 393 of such chapter; 

and 

(2) by redesignating such sections 130g, 130j, and 130k, 

as transferred by paragraph (1), as sections 394, 395, and 

396, respectively. 

(b) CONFORMING AMENDMENT.—Section 108(m) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1507(m)) is 

amended by striking ‘‘under section 130g’’ and inserting ‘‘under 

section 394’’. 

(c) CLERICAL AMENDMENTS.—(1) The table of sections at the 

beginning of chapter 3 of title 10, United States Code, is amended 

by striking the items relating to sections 130g, 130j, and 130k. 

(2) The table of sections at the beginning of chapter 19 of 

such title is amended by adding at the end the following new 

items: 

‘‘394. Authorities concerning military cyber operations. 

‘‘395. Notification requirements for sensitive military cyber operations. 

‘‘396. Notification requirements for cyber weapons.’’. 

SEC. 1632. AFFIRMING THE AUTHORITY OF THE SECRETARY OF 

DEFENSE TO CONDUCT MILITARY ACTIVITIES AND OPERATIONS IN CYBERSPACE. 

Section 394 of title 10, United States Code (as transferred 

and redesignated pursuant to section 1631), is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; 

(2) in subsection (a), as designated by paragraph (1)— 

(A) by striking ‘‘conduct, a military cyber operation 

in response’’ and inserting ‘‘conduct, military cyber activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to defend the 

United States and its allies, including in response’’; and 

10 USC 391 prec. 

10 USC 121 prec. 


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132 STAT. 2124 PUBLIC LAW 115–232—AUG. 13, 2018 

(B) by striking ‘‘(as such terms are defined in section 

101 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1801))’’; and 

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

‘‘(b) AFFIRMATION OF AUTHORITY.—Congress affirms that the 

activities or operations referred to in subsection (a), when appropriately authorized, include the conduct of military activities or 

operations in cyberspace short of hostilities (as such term is used 

in the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 

et seq.)) or in areas in which hostilities are not occurring, including 

for the purpose of preparation of the environment, information 

operations, force protection, and deterrence of hostilities, or counterterrorism operations involving the Armed Forces of the United 

States. 

‘‘(c) CLANDESTINE ACTIVITIES OR OPERATIONS.—A clandestine 

military activity or operation in cyberspace shall be considered 

a traditional military activity for the purposes of section 503(e)(2) 

of the National Security Act of 1947 (50 U.S.C. 3093(e)(2)). 

‘‘(d) CONGRESSIONAL OVERSIGHT.—The Secretary shall brief the 

congressional defense committees about any military activities or 

operations in cyberspace, including clandestine military activities 

or operations in cyberspace, occurring during the previous quarter 

during the quarterly briefing required by section 484 of this title. 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to limit the authority of the Secretary to conduct military 

activities or operations in cyberspace, including clandestine military 

activities or operations in cyberspace, to authorize specific military 

activities or operations, or to alter or otherwise affect the War 

Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for 

Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), 

or reporting of sensitive military cyber activities or operations 

required by section 395 of this title. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘clandestine military activity or operation 

in cyberspace’ means a military activity or military operation 

carried out in cyberspace, or associated preparatory actions, 

authorized by the President or the Secretary that— 

‘‘(A) is marked by, held in, or conducted with secrecy, 

where the intent is that the activity or operation will 

not be apparent or acknowledged publicly; and 

‘‘(B) is to be carried out— 

‘‘(i) as part of a military operation plan approved 

by the President or the Secretary in anticipation of 

hostilities or as directed by the President or the Secretary; 

‘‘(ii) to deter, safeguard, or defend against attacks 

or malicious cyber activities against the United States 

or Department of Defense information, networks, systems, installations, facilities, or other assets; or 

‘‘(iii) in support of information related capabilities. 

‘‘(2) The term ‘foreign power’ has the meaning given such 

term in section 101 of the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801). 

‘‘(3) The term ‘United States person’ has the meaning given 

such term in such section.’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2125 

SEC. 1633. DEPARTMENT OF DEFENSE CYBER SCHOLARSHIP PROGRAM 

SCHOLARSHIPS AND GRANTS. 

(a) ADDITIONAL CONSIDERATIONS.—Section 2200c of title 10, 

United States Code, is amended— 

(1) by inserting before ‘‘In the selection’’ the following: 

‘‘(a) CENTERS OF ACADEMIC EXCELLENCE IN CYBER EDUCATION.—’’; and 

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

‘‘(b) CERTAIN INSTITUTIONS OF HIGHER EDUCATION.—In the 

selection of a recipient for the award of a scholarship or grant 

under this chapter, consideration shall be given to whether— 

‘‘(1) in the case of a scholarship, the institution of higher 

education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act 

of 1965 (20 U.S.C. 1067q(a)); and 

‘‘(2) in the case of a grant, the recipient is an institution 

described in such section.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of section 2200c of 

title 10, United States Code, is amended to read as follows: 

‘‘§ 2200c. Special considerations in awarding scholarships 

and grants’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 112 of title 10, United States Code, is amended 

by striking the item relating to section 2200c and inserting 

the following new item: 

‘‘2200c. Special considerations in awarding scholarships and grants.’’. 

SEC. 1634. AMENDMENTS TO PILOT PROGRAM REGARDING CYBER 

VULNERABILITIES OF DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE. 

Subsection (b) of section 1650 of the National Defense 

Authorization Act for Fiscal Year 2017 (10 U.S.C. 2224 note) is 

amended— 

(1) in paragraph (1), in the matter preceding subparagraph 

(A), by inserting ‘‘and the Defense Digital Service’’ after ‘‘covered research laboratory’’; 

(2) in paragraph (4), in the matter preceding subparagraph 

(A), by striking ‘‘2019’’ and inserting ‘‘2020’’; and 

(3) in paragraph (5), by striking ‘‘2019’’ and inserting 

‘‘2020’’. 

SEC. 1635. MODIFICATION OF ACQUISITION AUTHORITY OF THE COMMANDER OF THE UNITED STATES CYBER COMMAND. 

(a) MODIFICATION OF LIMITATION ON USE OF CYBER OPERATIONS

PROCUREMENT FUND.—Subsection (e) of section 807 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 10 U.S.C. 2224 note) is amended by striking ‘‘2021’’ and inserting 

‘‘2025’’. 

(b) EXTENSION ON SUNSET.—Subsection (i)(1) of such section 

is amended by striking ‘‘September 30, 2021’’ and inserting ‘‘September 30, 2025’’. 

10 USC 2200 

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132 STAT. 2126 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1636. POLICY OF THE UNITED STATES ON CYBERSPACE, CYBERSECURITY, CYBER WARFARE, AND CYBER DETERRENCE. 

(a) IN GENERAL.—It shall be the policy of the United States, 

with respect to matters pertaining to cyberspace, cybersecurity, 

and cyber warfare, that the United States should employ all 

instruments of national power, including the use of offensive cyber 

capabilities, to deter if possible, and respond to when necessary, 

all cyber attacks or other malicious cyber activities of foreign powers 

that target United States interests with the intent to— 

(1) cause casualties among United States persons or persons of United States allies; 

(2) significantly disrupt the normal functioning of United 

States democratic society or government (including attacks 

against critical infrastructure that could damage systems used 

to provide key services to the public or government); 

(3) threaten the command and control of the Armed Forces, 

the freedom of maneuver of the Armed Forces, or the industrial 

base or other infrastructure on which the United States Armed 

Forces rely to defend United States interests and commitments; 

or 

(4) achieve an effect, whether individually or in aggregate, 

comparable to an armed attack or imperil a vital interest of 

the United States. 

(b) RESPONSE OPTIONS.—In carrying out the policy set forth 

in subsection (a), the United States shall plan, develop, and, when 

appropriate, demonstrate response options to address the full range 

of potential cyber attacks on United States interests that could 

be conducted by potential adversaries of the United States. 

(c) DENIAL OPTIONS.—In carrying out the policy set forth in 

subsection (a) through response options developed pursuant to subsection (b), the United States shall, to the greatest extent practicable, prioritize the defensibility and resiliency against cyber 

attacks and malicious cyber activities described in subsection (a) 

of infrastructure critical to the political integrity, economic security, 

and national security of the United States. 

(d) COST-IMPOSITION OPTIONS.—In carrying out the policy set 

forth in subsection (a) through response options developed pursuant 

to subsection (b), the United States shall develop and, when appropriate, demonstrate, or otherwise make known to adversaries the 

existence of, cyber capabilities to impose costs on any foreign power 

targeting the United States or United States persons with a cyber 

attack or malicious cyber activity described in subsection (a). 

(e) MULTI-PRONG RESPONSE.—In carrying out the policy set 

forth in subsection (a) through response options developed pursuant 

to subsection (b), the United States shall leverage all instruments 

of national power. 

(f) UPDATE ON PRESIDENTIAL POLICY.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the President shall transmit, 

in unclassified and classified forms, as appropriate, to the 

appropriate congressional committees a report containing an 

update to the report provided to the Congress on the policy 

of the United States on cyberspace, cybersecurity, and cyber 

warfare pursuant to section 1633 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 

10 U.S.C. 130g note). 

10 USC 394 note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2127 

(2) CONTENTS.—The report required under paragraph (1) 

shall include the following: 

(A) An assessment of the current posture in cyberspace, 

including assessments of— 

(i) whether past responses to major cyber attacks 

have had the desired deterrent effect; and 

(ii) how adversaries have responded to past United 

States responses. 

(B) Updates on the Administration’s efforts in the 

development of— 

(i) cost imposition strategies; 

(ii) varying levels of cyber incursion and steps 

taken to date to prepare for the imposition of the 

consequences referred to in clause (i); and 

(iii) the Cyber Deterrence Initiative. 

(C) Information relating to the Administration’s plans, 

including specific planned actions, regulations, and legislative action required, for— 

(i) advancing technologies in attribution, inherently secure technology, and artificial intelligence 

society-wide; 

(ii) improving cybersecurity in and cooperation 

with the private sector; 

(iii) improving international cybersecurity cooperation; and 

(iv) implementing the policy referred to in paragraph (1), including any realignment of government 

or government responsibilities required, writ large. 

(f) RULE OF CONSTRUCTION.—Nothing in this subsection may 

be construed to limit the authority of the President or Congress 

to authorize the use of military force. 

(g) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives; 

(C) the Select Committee on Intelligence of the Senate; 

(D) the Committee on Foreign Affairs, the Committee 

on Homeland Security, and the Committee on the Judiciary 

of the House of Representatives; and 

(E) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, 

and the Committee on the Judiciary of the Senate. 

(2) FOREIGN POWER.—The term ‘‘foreign power’’ has the 

meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). 

SEC. 1637. BUDGET DISPLAY FOR CYBER VULNERABILITY EVALUATIONS AND MITIGATION ACTIVITIES FOR MAJOR WEAPON 

SYSTEMS OF THE DEPARTMENT OF DEFENSE. 

(a) BUDGET REQUIRED.—Beginning in fiscal year 2021 and in 

each fiscal year thereafter, the Secretary of Defense shall submit 

to Congress, as a part of the documentation that supports the 

10 USC 221 note. 


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132 STAT. 2128 PUBLIC LAW 115–232—AUG. 13, 2018 

President’s annual budget for the Department of Defense, a consolidated Cyber Vulnerability Evaluation and Mitigation budget justification display for each major weapons system of the Department 

of Defense that includes the following: 

(1) CYBER VULNERABILITY EVALUATIONS.— 

(A) STATUS.—Whether, in accordance with paragraph 

(1) of section 1647(a) of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 

1118), the cyber vulnerability evaluation for each such 

major weapon system is pending, in progress, complete, 

or, pursuant to paragraph (2) of such section, waived. 

(B) FUNDING.—The funding required for the fiscal year 

with respect to which the budget is submitted and for 

at least the four succeeding fiscal years required to complete the pending or in progress cyber vulnerability evaluation of each such major weapon system. 

(C) DESCRIPTION.—A description of the activities 

planned in the fiscal year with respect to which the budget 

is submitted and at least the four succeeding fiscal years 

to complete the required evaluation for each such major 

weapon system. 

(D) RISK ANALYSIS.—A description of operational or 

security risks associated with cyber vulnerabilities identified as a result of such cyber vulnerability evaluations 

that require mitigation. 

(2) MITIGATION ACTIVITIES.— 

(A) STATUS.—Whether activities to address identified 

cyber vulnerabilities of such major weapon systems 

resulting in operational or security risks requiring mitigation are pending, in progress, or complete. 

(B) FUNDING.—The funding required for the fiscal year 

with respect to which the budget is submitted and for 

at least the four succeeding fiscal years required to complete the pending or in progress mitigation activities 

referred to in subparagraph (A) related to such major 

weapon systems. 

(C) DESCRIPTION.—A description of the activities 

planned in the fiscal year with respect to which the budget 

is submitted and at least the four succeeding fiscal years 

to complete any necessary mitigation. 

(b) FORM.—The display required under subsection (a) should, 

to the extent practicable, be submitted in an unclassified form, 

and shall include a classified annex as required. 

SEC. 1638. DETERMINATION OF RESPONSIBILITY FOR THE DEPARTMENT OF DEFENSE INFORMATION NETWORKS. 

(a) IN GENERAL.—Not later than March 1, 2019, the Secretary 

of Defense shall submit to the congressional defense committees 

a report containing a determination regarding the roles, missions, 

and responsibilities of the Commander, Joint Force Headquarters– 

Department of Defense Information Networks (JFHQ–DODIN) of 

the Defense Information Support Agency. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) An assessment of the current JFHQ-DODIN command 

and control structure, adequacy of the Defense Information 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2129 

Support Agency’s institutional support for the JFHQ-DODIN 

mission, resource requirements, and mission effectiveness. 

(2)(A) A determination and justification regarding— 

(i) a transfer to the Commander, United States Cyber 

Command, from the JFHQ-DODIN of some or all roles, 

missions, and responsibilities of the JFHQ-DODIN; or 

(ii) retention in the JFHQ-DODIN of such roles, missions, and responsibilities. 

(B) If a determination under subparagraph (A)(i) is made 

in the affirmative regarding a transfer to the Commander, 

United States Cyber Command, from the JFHQ-DODIN of some 

or all roles, missions, and responsibilities of the JFHQ-DODIN, 

such report shall include the following: 

(i) An identification of roles, missions, and responsibilities to be transferred. 

(ii) A timeline for any such transfers. 

(iii) A strategy for mitigating risk and ensuring no 

mission degradation. 

SEC. 1639. PROCEDURES AND REPORTING REQUIREMENT ON CYBERSECURITY BREACHES AND LOSS OF PERSONALLY IDENTIFIABLE INFORMATION AND CONTROLLED UNCLASSIFIED 

INFORMATION. 

(a) IN GENERAL.—In the event of a significant loss of personally 

identifiable information of civilian or uniformed members of the 

Armed Forces, or a significant loss of controlled unclassified 

information by a cleared defense contractor, the Secretary of 

Defense shall promptly submit to the congressional defense committees notice in writing of such loss. Such notice may be submitted 

in classified or unclassified formats. 

(b) PROCEDURES.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall establish 

and submit to the congressional defense committees procedures 

for complying with the requirement of subsection (a). Such procedures shall be consistent with the national security of the United 

States, the protection of operational integrity, the protection of 

personally identifiable information of civilian and uniformed members of the Armed Forces, and the protection of controlled unclassified information. 

(c) DEFINITIONS.—In this section: 

(1) SIGNIFICANT LOSS OF CONTROLLED UNCLASSIFIED

INFORMATION.—The term ‘‘significant loss of controlled unclassified information’’ means an intentional, accidental, or otherwise 

known theft, loss, or disclosure of Department of Defense programmatic or technical controlled unclassified information the 

loss of which would have significant impact or consequence 

to a program or mission of the Department of Defense, or 

the loss of which is of substantial volume. 

(2) SIGNIFICANT LOSS OF PERSONALLY IDENTIFIABLE

INFORMATION.—The term ‘‘significant loss of personally identifiable information’’ means an intentional, accidental, or otherwise 

known disclosure of information that can be used to distinguish 

or trace an individual’s identity, such as the name, Social 

Security number, date and place of birth, biometric records, 

home or other phone numbers, or other demographic, personnel, 

medical, or financial information, involving 250 or more civilian 

or uniformed members of the Armed Forces. 

10 USC 2224 

note. 


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132 STAT. 2130 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1640. PROGRAM TO ESTABLISH CYBER INSTITUTES AT INSTITUTIONS OF HIGHER LEARNING. 

(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry 

out a program to establish a Cyber Institute at institutions of 

higher learning selected under subsection (b) for purposes of accelerating and focusing the development of foundational expertise 

in critical cyber operational skills for future military and civilian 

leaders of the Armed Forces and the Department of Defense, 

including such leaders of the reserve components. 

(b) SELECTED INSTITUTIONS OF HIGHER LEARNING.— 

(1) IN GENERAL.—The Secretary of Defense shall select 

institutions of higher learning for purposes of the program 

established under subsection (a) from among institutions of 

higher learning that have a Reserve Officers’ Training Corps 

program. 

(2) CONSIDERATION OF SENIOR MILITARY COLLEGES.—In 

selecting institutions of higher learning under paragraph (1), 

the Secretary shall consider the senior military colleges with 

Reserve Officers’ Training Corps programs. 

(c) ELEMENTS.—Each institute established under the program 

authorized by subsection (a) shall include the following: 

(1) Programs to provide future military and civilian leaders 

of the Armed Forces or the Department of Defense who possess 

cyber operational expertise from beginning through advanced 

skill levels. Such programs shall include instruction and practical experiences that lead to recognized certifications and 

degrees in the cyber field. 

(2) Programs of targeted strategic foreign language proficiency training for such future leaders that— 

(A) are designed to significantly enhance critical cyber 

operational capabilities; and 

(B) are tailored to current and anticipated readiness 

requirements. 

(3) Programs related to mathematical foundations of 

cryptography and courses in cryptographic theory and practice 

designed to complement and reinforce cyber education along 

with the strategic language programs critical to cyber operations. 

(4) Programs related to data science and courses in data 

science theory and practice designed to complement and 

reinforce cyber education along with the strategic language 

programs critical to cyber operations. 

(5) Programs designed to develop early interest and cyber 

talent through summer programs, dual enrollment opportunities for cyber, strategic language, data science, and cryptography related courses. 

(6) Training and education programs to expand the pool 

of qualified cyber instructors necessary to support cyber education in regional school systems. 

(d) PARTNERSHIPS WITH DEPARTMENT OF DEFENSE AND THE

ARMED FORCES.—Any institute established under the program 

authorized by subsection (a) may enter into a partnership with 

one or more components of the Armed Forces, active or reserve, 

or any agency of the Department of Defense to facilitate the development of critical cyber skills for students who may pursue a military 

career. 

10 USC 2200 

note. 


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(e) PARTNERSHIPS.—Any institute established under the program authorized by subsection (a) may enter into a partnership 

with one or more local educational agencies to facilitate the development of critical cyber skills. 

(f) SENIOR MILITARY COLLEGES DEFINED.—The term ‘‘senior 

military colleges’’ has the meaning given such term in section 

2111a(f) of title 10, United States Code. 

SEC. 1641. MATTERS PERTAINING TO THE SHARKSEER CYBERSECURITY PROGRAM. 

(a) TRANSFER OF PROGRAM.—Not later than March 1, 2019, 

the Secretary of Defense shall transfer the operations and maintenance for the Sharkseer cybersecurity program from the National 

Security Agency to the Defense Information Systems Agency, 

including all associated funding and, as the Secretary considers 

necessary, personnel. 

(b) LIMITATION ON FUNDING FOR THE INFORMATION SYSTEMS

SECURITY PROGRAM.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2019 or 

any subsequent fiscal year for research, development, test, and 

evaluation for the Information Systems Security Program for the 

National Security Agency, not more than 90 percent may be obligated or expended unless the Chief of Information Officer, in consultation with the Principal Cyber Advisor, certifies to the congressional defense committees that the operations and maintenance 

funding for the Sharkseer program for fiscal year 2019 and the 

subsequent fiscal years of the current Future Years Defense Program are available or programmed. 

(c) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Chief Information Officer shall provide 

to the congressional defense committees a report that assesses 

the transition of base operations of the SharkSeer program to 

the Defense Information Systems Agency, including with respect 

to staffing, acquisition, contracts, sensor management, and the 

ability to conduct cyber threat analyses and detect advanced 

malware. Such report shall also include a plan for continued capability development. 

(d) SHARKSEER BREAK AND INSPECT CAPABILITY.— 

(1) IN GENERAL.—The Secretary of Defense shall ensure 

that the decryption capability described in section 1636 of the 

Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291) 

is provided by the break and inspect subsystem of the Sharkseer 

cybersecurity program, unless the Chief of Information Officer, 

in consultation with the Principal Cyber Advisor, notifies the 

congressional defense committees on or before the date that 

is 90 days after the date of the enactment of this Act that 

a superior enterprise solution will be operational before October 

1, 2019. 

(2) INTEGRATION OF CAPABILITY.—The Secretary shall take 

such actions as are necessary to integrate the break and inspect 

subsystem of the Sharkseer cybersecurity program with the 

Department of Defense public key infrastructure. 

(e) VISIBILITY TO ENDPOINTS.—The Secretary shall take such 

actions as are necessary to enable, by October 1, 2020, the 

Sharkseer cybersecurity program and computer network defense 

10 USC 2224 

note. 


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service providers to instantly and automatically determine the specific identity and location of computer hosts and other endpoints 

that received or sent malware detected by the Sharkseer cybersecurity program or other network perimeter defenses. 

(f) SANDBOX AS A SERVICE.—The Secretary shall use the 

Sharkseer cybersecurity program sandbox-as-a-service capability as 

an enterprise solution and terminate all other such projects, unless 

the Chief of Information Officer, in consultation with the Principal 

Cyber Advisor, notifies the congressional defense committees on 

or before the date that is 90 days after the date of the enactment 

of this Act that a superior enterprise solution will be operational 

before October 1, 2019. 

SEC. 1642. ACTIVE DEFENSE AGAINST THE RUSSIAN FEDERATION, PEOPLE’S REPUBLIC OF CHINA, DEMOCRATIC PEOPLE’S 

REPUBLIC OF KOREA, AND ISLAMIC REPUBLIC OF IRAN 

ATTACKS IN CYBERSPACE. 

(a) AUTHORITY TO DISRUPT, DEFEAT, AND DETER CYBER

ATTACKS.— 

(1) IN GENERAL.—In the event that the National Command 

Authority determines that the Russian Federation, People’s 

Republic of China, Democratic People’s Republic of Korea, or 

Islamic Republic of Iran is conducting an active, systematic, 

and ongoing campaign of attacks against the Government or 

people of the United States in cyberspace, including attempting 

to influence American elections and democratic political processes, the National Command Authority may authorize the 

Secretary of Defense, acting through the Commander of the 

United States Cyber Command, to take appropriate and proportional action in foreign cyberspace to disrupt, defeat, and deter 

such attacks under the authority and policy of the Secretary 

of Defense to conduct cyber operations and information operations as traditional military activities. 

(2) NOTIFICATION AND REPORTING.— 

(A) NOTIFICATION OF OPERATIONS.—In exercising the 

authority provided in paragraph (1), the Secretary shall 

provide notices to the congressional defense committees 

in accordance with section 395 of title 10, United States 

Code (as transferred and redesignated pursuant to section 

1631). 

(B) QUARTERLY REPORTS BY COMMANDER OF THE UNITED

STATES CYBER COMMAND.— 

(i) IN GENERAL.—In any fiscal year in which the 

Commander of the United States Cyber Command carries out an action under paragraph (1), the Secretary 

of Defense shall, not less frequently than quarterly, 

submit to the congressional defense committees a 

report on the actions of the Commander under such 

paragraph in such fiscal year. 

(ii) MANNER OF REPORTING.—Reports submitted 

under clause (i) shall be submitted in a manner that 

is consistent with the recurring quarterly report 

required by section 484 of title 10, United States Code. 

(b) PRIVATE SECTOR COOPERATION.—The Secretary may make 

arrangements with private sector entities, on a voluntary basis, 

to share threat information related to malicious cyber actors, and 

any associated false online personas or compromised infrastructure, 

10 USC 394 note. 


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associated with a determination under subsection (a)(1), consistent 

with the protection of sources and methods and classification guidelines, as necessary. 

(c) ANNUAL REPORT.—Not less frequently than once each year, 

the Secretary shall submit to the congressional defense committees, 

the congressional intelligence committees (as defined in section 

3 of the National Security Act of 1947 (50 U.S.C. 3003)), the Committee on Foreign Affairs of the House of Representatives, and 

the Committee on Foreign Relations of the Senate a report on— 

(1) the scope and intensity of the information operations 

and attacks through cyberspace by the countries specified in 

subsection (a)(1) against the government or people of the United 

States observed by the cyber mission forces of the United States 

Cyber Command and the National Security Agency; and 

(2) adjustments of the Department of Defense in the 

response directed or recommended by the Secretary with respect 

to such operations and attacks. 

(d) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to— 

(1) limit the authority of the Secretary to conduct military 

activities or operations in cyberspace, including clandestine 

activities or operations in cyberspace; or 

(2) affect the War Powers Resolution (Public Law 93–148; 

50 U.S.C. 1541 et seq.) or the Authorization for Use of Military 

Force (Public Law 107–40; 50 U.S.C. 1541 note). 

SEC. 1643. DESIGNATION OF OFFICIAL FOR MATTERS RELATING TO 

INTEGRATING CYBERSECURITY AND INDUSTRIAL CONTROL SYSTEMS WITHIN THE DEPARTMENT OF DEFENSE. 

(a) DESIGNATION OF INTEGRATING OFFICIAL.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall designate one official to be responsible for matters 

relating to integrating cybersecurity and industrial control systems 

for the Department of Defense. 

(b) RESPONSIBILITIES.—The official designated pursuant to subsection (a) shall be responsible for matters described in such subsection at all levels of command, from the Department’s leadership 

to the facilities owned by or operated on behalf of the Department 

of Defense using industrial control systems, including developing 

Department-wide certification standards for integration of industrial control systems and taking into consideration frameworks 

set forth by the National Institute of Standards and Technology 

for the cybersecurity of such systems. 

SEC. 1644. ASSISTANCE FOR SMALL MANUFACTURERS IN THE 

DEFENSE INDUSTRIAL SUPPLY CHAIN AND UNIVERSITIES 

ON MATTERS RELATING TO CYBERSECURITY. 

(a) DISSEMINATION OF CYBERSECURITY RESOURCES.— (1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Director of the National Institute of Standards and 

Technology, shall take such actions as may be necessary to 

enhance awareness of cybersecurity threats among small manufacturers and universities working on Department of Defense 

programs and activities. 

(2) PRIORITY.—The Secretary of Defense shall prioritize 

efforts to increase awareness to help reduce cybersecurity risks 

faced by small manufacturers and universities referred to in 

paragraph (1). 

10 USC 2224 

note. 

10 USC 2224 

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(3) SECTOR FOCUS.—The Secretary of Defense shall carry 

out this subsection with a focus on such small manufacturers 

and universities as the Secretary considers critical. 

(4) OUTREACH EVENTS.—Under paragraph (1), the Secretary 

of Defense shall conduct outreach to support activities consistent with this section. Such outreach may include live events 

with a physical presence and outreach conducted through Internet websites. Such outreach may include training, including 

via courses and classes, to help small manufacturers and 

universities improve their cybersecurity. 

(5) ROADMAPS AND ASSESSMENTS.—The Secretary of 

Defense shall ensure that cybersecurity for defense industrial 

base manufacturing is included in appropriate research and 

development roadmaps and threat assessments. 

(b) VOLUNTARY CYBERSECURITY SELF-ASSESSMENTS.—The Secretary of Defense shall develop mechanisms to provide assistance 

to help small manufacturers and universities conduct voluntary 

self-assessments in order to understand operating environments, 

cybersecurity requirements, and existing vulnerabilities, including 

through the Mentor Prote ́ge ́ Program, small business programs, 

and engagements with defense laboratories and test ranges. 

(c) TRANSFER OF RESEARCH FINDINGS AND EXPERTISE.— 

(1) IN GENERAL.—The Secretary of Defense shall promote 

the transfer of appropriate technology, threat information, and 

cybersecurity techniques developed in the Department of 

Defense to small manufacturers and universities throughout 

the United States to implement security measures that are 

adequate to protect covered defense information, including controlled unclassified information. 

(2) COORDINATION WITH OTHER FEDERAL EXPERTISE AND

CAPABILITIES.—The Secretary of Defense shall coordinate 

efforts, when appropriate, with the expertise and capabilities 

that exist in Federal agencies and federally sponsored laboratories. 

(3) AGREEMENTS.—In carrying out this subsection, the Secretary of Defense may enter into agreements with private 

industry, institutes of higher education, or a State, United 

States territory, local, or tribal government to ensure breadth 

and depth of coverage to the United States defense industrial 

base and to leverage resources. 

(d) DEFENSE ACQUISITION WORKFORCE CYBER TRAINING PROGRAM.—The Secretary of Defense shall establish a cyber counseling 

certification program, or approve a similar existing program, to 

certify small business professionals and other relevant acquisition 

staff within the Department of Defense to provide cyber planning 

assistance to small manufacturers and universities. 

(e) ESTABLISHMENT OF CYBERSECURITY FOR DEFENSE INDUSTRIAL BASE MANUFACTURING ACTIVITY.— 

(1) AUTHORITY.—The Secretary of Defense may establish 

an activity to assess and strengthen the cybersecurity resiliency 

of the defense industrial base, if the Secretary determines 

such is appropriate. 

(2) DESIGNATION.—The activity described in paragraph (1), 

if established, shall be known as the ‘‘Cybersecurity for Defense 

Industrial Base Manufacturing Activity’’. 


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(3) SPECIFICATION.—The Cybersecurity for Defense Industrial Base Manufacturing Activity, if established, shall implement the requirements specified in subsections (a) through 

(c). 

(f) AUTHORITIES.—In carrying out this section, the Secretary 

may use the following authorities: 

(1) The Manufacturing Technology Program established 

under section 2521 of title 10, United States Code. 

(2) The Centers for Science, Technology, and Engineering 

Partnership program under section 2368 of title 10, United 

States Code. 

(3) The Manufacturing Engineering Education Program 

established under section 2196 of title 10, United States Code. 

(4) The Small Business Innovation Research program. 

(5) The mentor-prote ́ge ́ program. 

(6) Other legal authorities as the Secretary determines 

necessary to effectively and efficiently carry out this section. 

(g) DEFINITIONS.—In this section: 

(1) RESOURCES.—The term ‘‘resources’’ means guidelines, 

tools, best practices, standards, methodologies, and other ways 

of providing information. 

(2) SMALL BUSINESS CONCERN.—The term ‘‘small business 

concern’’ means a small business concern as that term is used 

in section 3 of the Small Business Act (15 U.S.C. 632). 

(3) SMALL MANUFACTURER.—The term ‘‘small manufacturer’’ means a small business concern that is a manufacturer 

in the defense industrial supply chain. 

(4) STATE.—The term ‘‘State’’ means each of the several 

States, Territories, and possessions of the United States, the 

District of Columbia, and the Commonwealth of Puerto Rico. 

SEC. 1645. EMAIL AND INTERNET WEBSITE SECURITY AND AUTHENTICATION. 

(a) IMPLEMENTATION OF PLAN REQUIRED.—Except as provided 

by subsection (b), the Secretary of Defense shall develop and implement the plan outlined in Binding Operational Directive 18–01, 

issued by the Secretary of Homeland Security on October 16, 2017, 

relating to email security and authentication and Internet website 

security, according to the schedule established by the Binding Operational Directive for the rest of the Executive Branch beginning 

with the date of enactment of this Act. 

(b) WAIVER.—The Secretary may waive the requirements of 

subsection (a) if the Secretary submits to the congressional defense 

committees, the Committee on Oversight and Government Reform 

of the House of Representatives, and the Committee on Homeland 

Security and Government Affairs of the Senate a certification that 

existing or planned security measures for the Department of 

Defense either meet or exceed the information security requirements 

of Binding Operational Directive 18–01. 

(c) FUTURE BINDING OPERATIONAL DIRECTIVES.—The Chief 

Information Officer of the Department of Defense shall notify the 

congressional defense committees, the Committee on Oversight and 

Government Reform of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate 

within 180 days of the issuance by the Secretary of Homeland 

Security after the date of the enactment of this Act of any Binding 

Operational Directive for cybersecurity whether the Department 

10 USC 2224 

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of Defense will comply with the Directive or how the Department 

of Defense plans to meet or exceed the security objectives of the 

Directive. 

SEC. 1646. SECURITY PRODUCT INTEGRATION FRAMEWORK. 

The Principal Cyber Adviser, the Chief Information Officer, 

and the Commander of the United States Cyber Command shall 

select a network or network segment and associated computer network defense service provider to conduct a demonstration and 

evaluation of one or more existing security product integration 

frameworks, including modifying network security systems to enable 

such systems to ingest, publish, subscribe, tip and cue, and request 

information or services from each other. 

SEC. 1647. INFORMATION SECURITY CONTINUOUS MONITORING AND 

CYBERSECURITY SCORECARD. 

(a) LIMITATION.—After October 1, 2019, no funds may be obligated or expended to prepare the cybersecurity scorecard for the 

Secretary of Defense unless the Department of Defense is implementing a funded capability to meet the requirements— 

(1) established by the Chief Information Officer and the 

Commander of United States Cyber Command pursuant to 

section 1653 of the National Defense Authorization for Fiscal 

Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note); and 

(2) as set forth in the Department of Defense’s policies 

on modernized, Department-wide automated information security continuous monitoring. 

(b) REPORT.—Not later than January 10, 2019, the Director 

of Cost Assessment and Program Evaluation shall submit to the 

congressional defense committees a report— 

(1) comparing the current capabilities of the Department 

of Defense to— 

(A) the requirements described in subsection (a); 

(B) the capabilities deployed by the Department of 

Homeland Security and the General Services Administration under the Continuous Diagnostics and Mitigation program across the non-Department of Defense departments 

and agencies of the Federal Government; and 

(2) that contains a review and determination of whether 

the current requirements and policies described in subsection 

(a) are adequate to address the current threat environment. 

(c) RISK THRESHOLDS.—The Chief Information Officer of the 

Department of Defense, in coordination with the Principal Cyber 

Advisor, the Director of Operations of the Joint Staff, and the 

Commander of United States Cyber Command, shall establish risk 

thresholds for systems and network operations that, when exceeded, 

would trigger heightened security measures, such as enhanced monitoring and access policy changes. 

(d) ENTERPRISE GOVERNANCE, RISK, AND COMPLIANCE PLAN.— 

Not later than 180 days after the date of the enactment of this 

Act, the Chief Information Officer and the Principal Cyber Advisor 

shall develop a plan to implement an enterprise governance, risk, 

and compliance platform and process to maintain current status 

of all information and operational technology assets, vulnerabilities, 

threats, and mitigations. 

10 USC 2224 

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SEC. 1648. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES FOR 

A CYBER INCIDENT. 

(a) IN GENERAL.—The Commander of the United States Cyber 

Command, the Commander of United States Northern Command, 

and such other commands or components of the Department of 

Defense as the Secretary of Defense considers appropriate, shall, 

consistent with the recommendations made by the Comptroller General of the United States in the Government Accountability Office 

report GAO–16–574, conduct a tier 1 exercise of support to civil 

authorities for a cyber incident. 

(b) ELEMENTS.—The exercise required by subsection (a) shall 

include the following: 

(1) Department level leadership and decision-making for 

providing cyber support to civil authorities. 

(2) Testing of the policy, guidance, doctrine and other elements in the Department of Defense Cyber Incident Coordinating Procedure. 

(3) Operational planning and execution by the Joint Staff 

and supported and supporting combatant commands. 

(4) Coordination with, and incorporation of, as appropriate, 

the Department of Homeland Security, the Federal Bureau 

of Investigation, and elements across Federal and State governments and the private sector. 

SEC. 1649. PILOT PROGRAM ON MODELING AND SIMULATION IN SUPPORT OF MILITARY HOMELAND DEFENSE OPERATIONS 

IN CONNECTION WITH CYBER ATTACKS ON CRITICAL 

INFRASTRUCTURE. 

(a) PILOT PROGRAM REQUIRED.— 

(1) IN GENERAL.—The Assistant Secretary of Defense for 

Homeland Defense and Global Security shall carry out a pilot 

program to model cyber attacks on critical infrastructure in 

order to identify and develop means of improving Department 

of Defense responses to requests for defense support to civil 

authorities for such attacks. 

(2) RESEARCH EXERCISES.—The pilot program shall source 

data from and include consideration of the ‘‘Jack Voltaic’’ 

research exercises conducted by the Army Cyber Institute, 

industry partners of the Institute, and the cities of New York, 

New York, and Houston, Texas. 

(b) PURPOSE.—The purpose of the pilot program shall be to 

accomplish the following: 

(1) The development and demonstration of risk analysis 

methodologies, and the application of commercial simulation 

and modeling capabilities, based on artificial intelligence and 

hyperscale cloud computing technologies, as applicable— 

(A) to assess defense critical infrastructure 

vulnerabilities and interdependencies to improve military 

resiliency; 

(B) to determine the likely effectiveness of attacks 

described in subsection (a)(1), and countermeasures, tactics, 

and tools supporting responsive military homeland defense 

operations; 

(C) to train personnel in incident response; 

(D) to conduct exercises and test scenarios; 

10 USC 394 note. 


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(E) to foster collaboration and learning between and 

among departments and agencies of the Federal Government, State and local governments, and private entities 

responsible for critical infrastructure; and 

(F) improve intra-agency and inter-agency coordination 

for consideration and approval of requests for defense support to civil authorities. 

(2) The development and demonstration of the foundations 

for establishing and maintaining a program of record for a 

shared high-fidelity, interactive, affordable, cloud-based modeling and simulation of critical infrastructure systems and 

incident response capabilities that can simulate complex cyber 

and physical attacks and disruptions on individual and multiple 

sectors on national, regional, State, and local scales. 

(c) REPORT.— (1) IN GENERAL.—At the same time the budget of the President for fiscal year 2021 is submitted to Congress pursuant 

to section 1105(a) of title 31, United States Code, the Assistant 

Secretary shall, in consultation with the Secretary of Homeland 

Security, submit to the congressional defense committees a 

report on the pilot program. 

(2) CONTENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the results of the pilot program 

as of the date of the report. 

(B) A description of the risk analysis methodologies 

and modeling and simulation capabilities developed and 

demonstrated pursuant to the pilot program, and an assessment of the potential for future growth of commercial technology in support of the homeland defense mission of the 

Department of Defense. 

(C) Such recommendations as the Secretary considers 

appropriate regarding the establishment of a program of 

record for the Department on further development and 

sustainment of risk analysis methodologies and advanced, 

large-scale modeling and simulation on critical infrastructure and cyber warfare. 

(D) Lessons learned from the use of novel risk analysis 

methodologies and large-scale modeling and simulation carried out under the pilot program regarding vulnerabilities, 

required capabilities, and reconfigured force structure, 

coordination practices, and policy. 

(E) Planned steps for implementing the lessons 

described in subparagraph (D). 

(F) Any other matters the Secretary determines appropriate. 

SEC. 1650. PILOT PROGRAM AUTHORITY TO ENHANCE CYBERSECURITY 

AND RESILIENCY OF CRITICAL INFRASTRUCTURE. 

(a) AUTHORITY.—The Secretary of Defense, in coordination with 

the Secretary of Homeland Security, is authorized to provide, detail, 

or assign technical personnel to the Department of Homeland Security on a non-reimbursable basis to enhance cybersecurity cooperation, collaboration, and unity of Government efforts. 

(b) SCOPE OF ASSISTANCE.—The authority under subsection (a) 

shall be limited in any fiscal year to the provision of not more 

than 50 technical cybersecurity personnel from the Department 

10 USC 711 note 

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of Defense to the Department of Homeland Security, including 

the national cybersecurity and communications integration center 

(NCCIC) of the Department, or other locations as agreed upon 

by the Secretary of Defense and the Secretary of Homeland Security. 

(c) LIMITATION.—The authority under subsection (a) may not 

negatively impact the primary missions of the Department of 

Defense or the Department of Homeland Security. 

(d) ESTABLISHMENT OF PROCEDURES.— 

(1) IN GENERAL.—The Secretary of Defense and the Secretary of Homeland Security shall establish procedures to carry 

out subsection (a), including procedures relating to the protection of and safeguards for maintenance of information held 

by the NCCIC regarding United States persons. 

(2) LIMITATION.—Nothing in this subsection may be construed as providing authority to the Secretary of Defense to 

establish procedures regarding the NCCIC with respect to any 

matter outside the scope of this section. 

(e) NO EFFECT ON OTHER AUTHORITY TO PROVIDE SUPPORT.— 

Nothing in this section may be construed to limit the authority 

of an Executive department, military department, or independent 

establishment to provide any appropriate support, including cybersecurity support, or to provide, detail, or assign personnel, under 

any other law, rule, or regulation. 

(f) DEFINITIONS.—In this section, each of the terms ‘‘Executive 

department’’, ‘‘military department’’, and ‘‘independent establishment’’, has the meaning given each of such terms, respectively, 

in chapter 1 of title 5, United States Code. 

(g) TERMINATION OF AUTHORITY.—This section shall terminate 

on September 30, 2022. 

SEC. 1651. PILOT PROGRAM ON REGIONAL CYBERSECURITY TRAINING 

CENTER FOR THE ARMY NATIONAL GUARD. 

(a) PILOT PROGRAM.—The Secretary of the Army may carry 

out a pilot program under which the Secretary establishes a 

National Guard training center to provide collaborative interagency 

education and training for members of the Army National Guard. 

(b) CENTER.— 

(1) TRAINING AND COOPERATION.—If the Secretary carries 

out the pilot program under subsection (a), the Secretary should 

ensure that the training center established under such subsection— 

(A) educates and trains members of the Army National 

Guard quickly and efficiently by concurrently training cyber 

protection teams and cyber network defense teams on a 

common standard in order to defend— 

(i) the information network of the Department of 

Defense in a State environment; 

(ii) while acting under title 10, United States Code, 

the information networks of State governments; and 

(iii) critical infrastructure; 

(B) fosters interagency cooperation by— 

(i) co-locating members of the Army National 

Guard with personnel of departments and agencies 

of the Federal Government and State governments; 

and 

32 USC 501 note. 


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(ii) providing an environment to develop interagency relationship to coordinate responses and 

recovery efforts during and following a cyber attack; 

(C) collaborates with academic institutions to develop 

and implement curriculum for interagency education and 

training within the classroom; and 

(D) coordinates with the Persistent Cyber Training 

Environment of the Army Cyber Command in devising 

and implementing interagency education and training 

using physical and information technology infrastructure. 

(2) LOCATIONS.—If the Secretary carries out the pilot program under subsection (a), the Secretary may select one 

National Guard facility at which to carry out the pilot program. 

The Secretary may select a facility that is located in an area 

that meets the following criteria: 

(A) The location has a need for cyber training, as 

measured by both the number of members of the Army 

National Guard that would apply for such training and 

the number of units of the Army National Guard that 

verify the unit would apply for such training. 

(B) The location has high capacity information and 

telecommunications infrastructure, including high speed 

fiber optic networks. 

(C) The location has personnel, technology, laboratories, and facilities to support proposed activities and has 

the opportunity for ongoing training, education, and 

research. 

(c) ACTIVITIES.—If the Secretary carries out the pilot program 

under subsection (a), the Secretary should ensure that the pilot 

program includes the following activities: 

(1) Providing joint education and training and accelerating 

training certifications for working in a cyber range. 

(2) Integrating education and training between the 

National Guard, law enforcement, and emergency medical and 

fire first responders. 

(3) Providing a program to continuously train the cyber 

network defense teams to not only defend the information network of the Department of Defense, but to also provide education and training on how to use defense capabilities of the 

team in a State environment. 

(4) Developing curriculum and educating the National 

Guard on the different missions carried out under titles 10 

and 32, United States Code, in order to enhance interagency 

coordination and create a common operating picture. 

(d) NOTIFICATION REQUIRED.—If the Secretary carries out the 

pilot program under subsection (a), the Secretary shall provide 

immediate notification to the congressional defense committees that 

includes information relating to the resources required to carry 

out such pilot program, identification of units to be trained, the 

location of such training, and a description of agreements with 

Federal, State, local, and private sector entities. 

(e) SUNSET.—The authority provided under this section shall 

expire on the date that is two years after the date of the enactment 

of this Act. 

SEC. 1652. CYBERSPACE SOLARIUM COMMISSION. 

(a) ESTABLISHMENT.— 


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(1) IN GENERAL.—There is established a commission to 

develop a consensus on a strategic approach to defending the 

United States in cyberspace against cyber attacks of significant 

consequences. 

(2) DESIGNATION.—The commission established under paragraph (1) shall be known as the ‘‘Cyberspace Solarium Commission’’ (in this section the ‘‘Commission’’). 

(b) MEMBERSHIP.— 

(1) COMPOSITION.—(A) Subject to subparagraph (B), the 

Commission shall be composed of the following members: 

(i) The Principal Deputy Director of National Intelligence. 

(ii) The Deputy Secretary of Homeland Security. 

(iii) The Deputy Secretary of Defense. 

(iv) The Director of the Federal Bureau of Investigation. 

(v) Three members appointed by the majority leader 

of the Senate, in consultation with the Chairman of the 

Committee on Armed Services of the Senate, one of whom 

shall be a member of the Senate and two of whom shall 

not be. 

(vi) Two members appointed by the minority leader 

of the Senate, in consultation with the Ranking Member 

of the Committee on Armed Services of the Senate, one 

of whom shall be a member of the Senate and one of 

whom shall not be. 

(vii) Three members appointed by the Speaker of the 

House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House 

of Representatives, one of whom shall be a member of 

the House of Representatives and two of whom shall not 

be. 

(viii) Two members appointed by the minority leader 

of the House of Representatives, in consultation with the 

Ranking Member of the Committee on Armed Services 

of the House of Representatives, one of whom shall be 

a member of the House of Representatives and one of 

whom shall not be. 

(B)(i) The members of the Commission who are not members of Congress and who are appointed under clauses (iv) 

through (vii) of subparagraph (A) shall be individuals who 

are nationally recognized for expertise, knowledge, or experience in— 

(I) cyber strategy or national-level strategies to combat 

long-term adversaries; 

(II) cyber technology and innovation; 

(III) use of intelligence information by national policymakers and military leaders; or 

(IV) the implementation, funding, or oversight of the 

national security policies of the United States. 

(ii) An official who appoints members of the Commission 

may not appoint an individual as a member of the Commission 

if such individual possesses any personal or financial interest 

in the discharge of any of the duties of the Commission. 

(iii) All members of the Commission described in clause 

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with applicable provisions of law concerning the handling of 

classified information. 

(2) CO-CHAIRS.—(A) The Commission shall have two cochairs, selected from among the members of the Commission. 

(B) One co-chair of the Commission shall be a member 

of the Democratic Party, and one co-chair shall be a member 

of the Republican Party. 

(C) The individuals who serve as the co-chairs of the 

Commission shall be jointly agreed upon by the President, 

the majority leader of the Senate, the minority leader of the 

Senate, the Speaker of the House of Representatives, and the 

minority leader of the House of Representatives. 

(c) APPOINTMENT; INITIAL MEETING.— 

(1) APPOINTMENT.—Members of the Commission shall be 

appointed not later than 45 days after the date of the enactment 

of this Act. 

(2) INITIAL MEETING.—The Commission shall hold its initial 

meeting on or before the date that is 60 days after the date 

of the enactment of this Act. 

(d) MEETINGS; QUORUM; VACANCIES.— 

(1) IN GENERAL.—After its initial meeting, the Commission 

shall meet upon the call of the co-chairs of the Commission. 

(2) QUORUM.—Seven members of the Commission shall constitute a quorum for purposes of conducting business, except 

that two members of the Commission shall constitute a quorum 

for purposes of receiving testimony. 

(3) VACANCIES.—Any vacancy in the Commission shall not 

affect its powers, but shall be filled in the same manner in 

which the original appointment was made. 

(4) QUORUM WITH VACANCIES.—If vacancies in the Commission occur on any day after 45 days after the date of the 

enactment of this Act, a quorum shall consist of a majority 

of the members of the Commission as of such day. 

(e) ACTIONS OF COMMISSION.— 

(1) IN GENERAL.—The Commission shall act by resolution 

agreed to by a majority of the members of the Commission 

voting and present. 

(2) PANELS.—The Commission may establish panels composed of less than the full membership of the Commission 

for purposes of carrying out the duties of the Commission 

under this title. The actions of any such panel shall be subject 

to the review and control of the Commission. Any findings 

and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless 

approved by the Commission. 

(3) DELEGATION.—Any member, agent, or staff of the 

Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to 

take pursuant to this title. 

(f) DUTIES.—The duties of the Commission are as follows: 

(1) To define the core objectives and priorities of the 

strategy described in subsection (a)(1). 

(2) To weigh the costs and benefits of various strategic 

options to defend the United States, including the political 

system of the United States, the national security industrial 

sector of the United States, and the innovation base of the 


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United States. The options to be assessed should include deterrence, norms-based regimes, and active disruption of adversary 

attacks through persistent engagement. 

(3) To evaluate whether the options described in paragraph 

(2) are exclusive or complementary, the best means for executing such options, and how the United States should incorporate and implement such options within its national strategy. 

(4) To review and make determinations on the difficult 

choices present within such options, among them what normsbased regimes the United States should seek to establish, how 

the United States should enforce such norms, how much damage the United States should be willing to incur in a deterrence 

or persistent denial strategy, what attacks warrant response 

in a deterrence or persistent denial strategy, and how the 

United States can best execute these strategies. 

(5) To review adversarial strategies and intentions, current 

programs for the defense of the United States, and the capabilities of the Federal Government to understand if and how adversaries are currently being deterred or thwarted in their aims 

and ambitions in cyberspace. 

(6) To evaluate the effectiveness of the current national 

cyber policy relating to cyberspace, cybersecurity, and cyber 

warfare to disrupt, defeat and deter cyber attacks. 

(7) In weighing the options for defending the United States, 

to consider possible structures and authorities that need to 

be established, revised, or augmented within the Federal 

Government. 

(g) POWERS OF COMMISSION.— 

(1) IN GENERAL.—(A) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, 

may, for the purpose of carrying out the provisions of this 

section— 

(i) hold such hearings and sit and act at such times 

and places, take such testimony, receive such evidence, 

and administer such oaths; and 

(ii) require, by subpoena or otherwise, the attendance 

and testimony of such witnesses and the production of 

such books, records, correspondence, memoranda, papers, 

and documents, as the Commission or such designated 

subcommittee or designated member considers necessary. 

(B) Subpoenas may be issued under subparagraph (A)(ii) 

under the signature of the co-chairs of the Commission, and 

may be served by any person designated by such co-chairs. 

(C) The provisions of sections 102 through 104 of the 

Revised Statutes of the United States (2 U.S.C. 192–194) shall 

apply in the case of any failure of a witness to comply with 

any subpoena or to testify when summoned under authority 

of this section. 

(2) CONTRACTING.—The Commission may, to such extent 

and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to 

discharge its duties under this title. 

(3) INFORMATION FROM FEDERAL AGENCIES.—(A) The 

Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent 


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establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes 

of this title. 

(B) Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the 

extent authorized by law, furnish such information, suggestions, 

estimates, and statistics directly to the Commission, upon 

request of the co-chairs of the Commission. 

(C) The Commission shall handle and protect all classified 

information provided to it under this section in accordance 

with applicable statutes and regulations. 

(4) ASSISTANCE FROM FEDERAL AGENCIES.—(A) The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, 

facilities, and other support services as are necessary for the 

performance of the Commission’s duties under this title. 

(B) The Director of National Intelligence may provide the 

Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. 

(C) In addition to the assistance set forth in paragraphs 

(1) and (2), other departments and agencies of the United 

States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies 

consider advisable and as may be authorized by law. 

(D) The Commission shall receive the full and timely 

cooperation of any official, department, or agency of the United 

States Government whose assistance is necessary, as jointly 

determined by the co-chairs selected under subsection (b)(2), 

for the fulfillment of the duties of the Commission, including 

the provision of full and current briefings and analyses. 

(5) POSTAL SERVICES.—The Commission may use the United 

States postal services in the same manner and under the same 

conditions as the departments and agencies of the United 

States. 

(6) GIFTS.—No member or staff of the Commission may 

receive a gift or benefit by reason of the service of such member 

or staff to the Commission. 

(h) STAFF OF COMMISSION.— 

(1) IN GENERAL.—(A) The co-chairs of the Commission, 

in accordance with rules agreed upon by the Commission, shall 

appoint and fix the compensation of a staff director and such 

other personnel as may be necessary to enable the Commission 

to carry out its duties, without regard to the provisions of 

title 5, United States Code, governing appointments in the 

competitive service, and without regard to the provisions of 

chapter 51 and subchapter III of chapter 53 of such title relating 

to classification and General Schedule pay rates, except that 

no rate of pay fixed under this subsection may exceed the 

equivalent of that payable to a person occupying a position 

at level V of the Executive Schedule under section 5316 of 

such title. 

(B) Any Federal Government employee may be detailed 

to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and 

privileges of his or her regular employment without interruption. 


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(C) All staff of the Commission shall possess a security 

clearance in accordance with applicable laws and regulations 

concerning the handling of classified information. 

(2) CONSULTANT SERVICES.—(A) The Commission may procure the services of experts and consultants in accordance with 

section 3109 of title 5, United States Code, but at rates not 

to exceed the daily rate paid a person occupying a position 

at level IV of the Executive Schedule under section 5315 of 

such title. 

(B) All experts and consultants employed by the Commission shall possess a security clearance in accordance with 

applicable laws and regulations concerning the handling of 

classified information. 

(i) COMPENSATION AND TRAVEL EXPENSES.— 

(1) COMPENSATION.—(A) Except as provided in paragraph 

(2), each member of the Commission may be compensated at 

not to exceed the daily equivalent of the annual rate of basic 

pay in effect for a position at level IV of the Executive Schedule 

under section 5315 of title 5, United States Code, for each 

day during which that member is engaged in the actual 

performance of the duties of the Commission under this title. 

(B) Members of the Commission who are officers or 

employees of the United States or Members of Congress shall 

receive no additional pay by reason of their service on the 

Commission. 

(2) TRAVEL EXPENSES.—While away from their homes or 

regular places of business in the performance of services for 

the Commission, members of the Commission may be allowed 

travel expenses, including per diem in lieu of subsistence, in 

the same manner as persons employed intermittently in the 

Government service are allowed expenses under section 5703 

of title 5, United States Code. 

(j) TREATMENT OF INFORMATION RELATING TO NATIONAL SECURITY.— 

(1) IN GENERAL.—(A) The Director of National Intelligence 

shall assume responsibility for the handling and disposition 

of any information related to the national security of the United 

States that is received, considered, or used by the Commission 

under this title. 

(B) Any information related to the national security of 

the United States that is provided to the Commission by a 

congressional intelligence committees or the congressional 

armed services committees may not be further provided or 

released without the approval of the chairman of such committees. 

(2) ACCESS AFTER TERMINATION OF COMMISSION.—Notwithstanding any other provision of law, after the termination of 

the Commission under subsection (k)(2), only the members 

and designated staff of the congressional intelligence committees, the Director of National Intelligence (and the designees 

of the Director), and such other officials of the executive branch 

as the President may designate shall have access to information 

related to the national security of the United States that is 

received, considered, or used by the Commission. 

(k) FINAL REPORT; TERMINATION.— 


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(1) FINAL REPORT.—Not later than September 1, 2019, the 

Commission shall submit to the congressional defense committees, the congressional intelligence committees, the Committee 

on Homeland Security of the House of Representatives, the 

Committee on Homeland Security and Governmental Affairs 

of the Senate, the Director of National Intelligence, and the 

Secretary of Defense, and the Secretary of Homeland Security 

a final report on the findings of the Commission. 

(2) TERMINATION.—(A) The Commission, and all the 

authorities of this section, shall terminate at the end of the 

120-day period beginning on the date on which the final report 

under paragraph (1) is submitted to the congressional defense 

and intelligence committees. 

(B) The Commission may use the 120-day period referred 

to in paragraph (1) for the purposes of concluding its activities, 

including providing testimony to Congress concerning the final 

report referred to in that paragraph and disseminating the 

report. 

(l) ASSESSMENTS OF FINAL REPORT.—Not later than 60 days 

after receipt of the final report under subsection (k)(1), the Director 

of National Intelligence, the Secretary of Defense, and the Secretary 

of Homeland Security shall each submit to the congressional intelligence committees and the congressional defense committees an 

assessment by the Director or the Secretary, as the case may 

be, of the final report. Each assessment shall include such comments 

on the findings and recommendations contained in the final report 

as the Director or Secretary, as the case may be, considers appropriate. 

(m) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.— 

(1) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of 

the Federal Advisory Committee Act (5 U.S.C. App.) shall not 

apply to the activities of the Commission under this section. 

(2) FREEDOM OF INFORMATION ACT.—The provisions of section 552 of title 5, United States Code (commonly referred 

to as the Freedom of Information Act), shall not apply to 

the activities, records, and proceedings of the Commission under 

this section. 

(n) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—Of the amount 

authorized to be appropriated for fiscal year 2019 by this Act, 

as specified in the funding tables in division D, $4,000,000 

may be used to carry out this section. 

(2) AVAILABILITY IN GENERAL.—Subject to paragraph (1), 

the Secretary of Defense shall make available to the Commission such amounts as the Commission may require for purposes 

of the activities of the Commission under this section. 

(3) DURATION OF AVAILABILITY.—Amounts made available 

to the Commission under paragraph (2) shall remain available 

until expended. 

(o) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In 

this section, the term ‘‘congressional intelligence committees’’ 

means— 

(1) the Select Committee on Intelligence of the Senate; 

and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives. 


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SEC. 1653. STUDY AND REPORT ON RESERVE COMPONENT CYBER 

CIVIL SUPPORT TEAMS. 

(a) STUDY REQUIRED.—The Secretaries concerned shall conduct 

a study on the feasibility and advisability of the establishment 

of reserve component cyber civil support teams for each State. 

(b) ELEMENTS.—The study under subsection (a) shall include 

the following: 

(1) An examination of the potential ability of the teams 

referred to in such subsection to respond to an attack, natural 

disaster, or other large-scale incident affecting computer networks, electronics, or cyber capabilities, including an analysis 

of the following: 

(A) The command structure and lines of authority for 

such teams. 

(B) The operational capabilities of such teams. 

(C) The legal authorities available to and constraints 

placed on such teams. 

(D) The amount of funding and other resources that 

would be required by the Department of Defense to organize, train, and equip such teams. 

(2) An analysis of the current use of reserve and active 

duty components in the Department of Defense and an explanation of how the establishment of such teams may affect 

the ability of the Department of Defense to— 

(A) organize, train, equip, and employ the Cyber Mission Force, and other organic cyber forces; and 

(B) perform the national defense missions and defense 

support to civil authorities for cyber incident response. 

(3) An explanation of how the establishment of such teams 

may affect the ability of the Department of Homeland Security 

to— 

(A) organize, train, equip, and employ cyber incident 

response teams; and 

(B) perform civilian cyber response missions. 

(4) An explanation as to how the establishment of such 

teams would fit into the current missions of the Department 

of Defense and the Department of Homeland Security. 

(5) An analysis of current and projected State civilian and 

private sector cyber response capabilities and services, 

including an identification of any gaps in such capabilities 

and services, and including an analysis of the following: 

(A) Whether such teams would be, on a risk- and 

cost-adjusted basis, of use for each State. 

(B) How the establishment of such teams may impact 

Federal, State, and private sector resourcing for State 

civilian and private sector cyber response capabilities and 

services. 

(6) An identification of the potential role of such teams 

with respect to the principles and processes set forth in— 

(A) Presidential Policy Directive 20 (United States 

Cyber Operations Policy); 

(B) Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience); and 

(C) Presidential Policy Directive 41 (United States 

Cyber Incident Coordination). 

(7) An explanation of how such teams may interact with 

other organizations and elements of the Federal Government 


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that have responsibilities under the Presidential Policy Directives referred to in paragraph (6). 

(8) Any effects on the privacy and civil liberties of United 

States persons that may result from the establishment of such 

teams. 

(9) Any other considerations determined to be relevant 

by the Secretaries concerned. 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretaries concerned shall submit 

to the appropriate congressional committees a report that includes— 

(1) the results of the study conducted under subsection 

(a), including an explanation of each element described in subsection (b); and 

(2) the final determination of the Secretaries with respect 

to the feasibility and advisability of establishing reserve component cyber civil support teams for each State. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Homeland Security of the House 

of Representatives; and 

(C) the Committee on Homeland Security and Governmental Affairs of the Senate. 

(2) The term ‘‘reserve component cyber civil support team’’ 

means a team that— 

(A) is comprised of members of the reserve components; 

(B) is organized, trained, equipped, and sustained by 

the Department of Defense for the purpose of assisting 

State authorities in preparing for and responding to cyber 

incidents, cyber emergencies, and cyber attacks; and 

(C) operates principally under the command and control of the Chief Executive of the State in which the team 

is located. 

(3) The term ‘‘Secretaries concerned’’ means the Secretary 

of Defense and the Secretary of Homeland Security acting 

jointly. 

(4) The term ‘‘State’’ means each of the several States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

and the United States Virgin Islands. 

SEC. 1654. IDENTIFICATION OF COUNTRIES OF CONCERN REGARDING 

CYBERSECURITY. 

(a) IDENTIFICATION OF COUNTRIES OF CONCERN.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall create a list of countries that pose a risk to 

the cybersecurity of United States defense and national security 

systems and infrastructure. Such list shall reflect the level of threat 

posed by each country included on such list. In creating such 

list, the Secretary shall take in to account the following: 

(1) A foreign government’s activities that pose force protection or cybersecurity risk to the personnel, financial systems, 

critical infrastructure, or information systems of the United 

States or coalition forces. 

10 USC 394 note. 


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(2) A foreign government’s willingness and record of providing financing, logistics, training or intelligence to other persons, countries or entities posing a force protection or cybersecurity risk to the personnel, financial systems, critical infrastructure, or information systems of the United States or coalition 

forces. 

(3) A foreign government’s engagement in foreign intelligence activities against the United States for the purpose 

of undermining United States national security. 

(4) A foreign government’s knowing participation in 

transnational organized crime or criminal activity. 

(5) A foreign government’s cyber activities and operations 

to affect the supply chain of the United States Government. 

(6) A foreign government’s use of cyber means to unlawfully 

or inappropriately obtain intellectual property from the United 

States Government or United States persons. 

(b) UPDATES.—The Secretary shall continuously update and 

maintain the list under subsection (a) to preempt obsolescence. 

(c) REPORT TO CONGRESS.—Not later than one year after the 

date of the enactment of this Act, the Secretary shall submit to 

the appropriate committees of Congress the list created pursuant 

to subsection (a) and any accompanying analysis that contributed 

to the creation of the list. 

SEC. 1655. MITIGATION OF RISKS TO NATIONAL SECURITY POSED BY 

PROVIDERS OF INFORMATION TECHNOLOGY PRODUCTS 

AND SERVICES WHO HAVE OBLIGATIONS TO FOREIGN 

GOVERNMENTS. 

(a) DISCLOSURE REQUIRED.—Subject to the regulations issued 

under subsection (b), the Department of Defense may not use a 

product, service, or system procured or acquired after the date 

of the enactment of this Act relating to information or operational 

technology, cybersecurity, an industrial control system, or weapons 

system provided by a person unless that person discloses to the 

Secretary of Defense the following: 

(1) Whether, and if so, when, within five years before 

or at any time after the date of the enactment of this Act, 

the person has allowed a foreign government to review the 

code of a non-commercial product, system, or service developed 

for the Department, or whether the person is under any obligation to allow a foreign person or government to review the 

code of a non-commercial product, system, or service developed 

for the Department as a condition of entering into an agreement 

for sale or other transaction with a foreign government or 

with a foreign person on behalf of such a government. 

(2) Whether, and if so, when, within five years before 

or at any time after the date of the enactment of this Act, 

the person has allowed a foreign government listed in section 

1654 to review the source code of a product, system, or service 

that the Department is using or intends to use, or is under 

any obligation to allow a foreign person or government to 

review the source code of a product, system, or service that 

the Department is using or intends to use as a condition of 

entering into an agreement for sale or other transaction with 

a foreign government or with a foreign person on behalf of 

such a government. 

10 USC 2224 

note. 


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(3) Whether or not the person holds or has sought a license 

pursuant to the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, 

the International Traffic in Arms Regulations under subchapter 

M of chapter I of title 22, Code of Federal Regulations, or 

successor regulations, for information technology products, 

components, software, or services that contain code customdeveloped for the non-commercial product, system, or service 

the Department is using or intends to use. 

(b) REGULATIONS.— (1) IN GENERAL.—The Secretary of Defense shall issue regulations regarding the implementation of subsection (a). 

(2) UNIFORM REVIEW PROCESS.—If information obtained 

from a person under subsection (a) or the contents of the 

registry under subsection (f) are the subject of a request under 

section 552 of title 5, United States Code (commonly referred 

to as the ‘‘Freedom of Information Act’’), the Secretary of 

Defense shall conduct a uniform review process, without regard 

to the office holding the information, to determine if the 

information is exempt from disclosure under such section 552. 

(c) PROCUREMENT.—Procurement contracts for covered products 

or systems shall include a clause requiring the information contained in subsection (a) be disclosed during the period of the contract 

if an entity becomes aware of information requiring disclosure 

required pursuant to such subsection, including any mitigation 

measures taken or anticipated. 

(d) MITIGATION OF RISKS.— 

(1) IN GENERAL.—If, after reviewing a disclosure made by 

a person under subsection (a), the Secretary determines that 

the disclosure relating to a product, system, or service entails 

a risk to the national security infrastructure or data of the 

United States, or any national security system under the control 

of the Department, the Secretary shall take such measures 

as the Secretary considers appropriate to mitigate such risks, 

including, as the Secretary considers appropriate, by conditioning any agreement for the use, procurement, or acquisition 

of the product, system, or service on the inclusion of enforceable 

conditions or requirements that would mitigate such risks. 

(2) THIRD-PARTY TESTING STANDARD.—Not later than two 

years after the date of the enactment of this Act the Secretary 

shall develop such third-party testing standard as the Secretary 

considers acceptable for commercial off the shelf (COTS) products, systems, or services to use when dealing with foreign 

governments. 

(e) EXEMPTION OF OPEN SOURCE SOFTWARE.—This section shall 

not apply to open source software. 

(f) ESTABLISHMENT OF REGISTRY.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Defense 

shall— 

(1) establish within the operational capabilities of the Committee for National Security Systems (CNSS) or within such 

other agency as the Secretary considers appropriate a registry 

containing the information disclosed under subsection (a); and 

(2) upon request, make such information available to any 

agency conducting a procurement pursuant to the Federal 

Acquisition Regulations or the Defense Federal Acquisition 

Regulations. 


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(g) ANNUAL REPORTS.—Not later than one year after the date 

of the enactment of this Act and not less frequently than once 

each year thereafter, the Secretary of Defense shall submit to 

the appropriate committees of Congress a report detailing the 

number, scope, product classifications, and mitigation agreements 

related to each product, system, and service for which a disclosure 

is made under subsection (a). 

(h) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—The 

term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Homeland 

Security and Governmental Affairs of the Senate; and 

(B) the Committee on Armed Services, the Permanent 

Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Oversight and 

Government Reform of the House of Representatives. 

(2) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has 

the meaning given such term in section 103 of title 41, United 

States Code. 

(3) INFORMATION TECHNOLOGY.—The term ‘‘information 

technology’’ has the meaning given such term in section 11101 

of title 40, United States Code. 

(4) NATIONAL SECURITY SYSTEM.—The term ‘‘national security system’’ has the meaning given such term in section 3552(b) 

of title 44, United States Code. 

(5) NON-COMMERCIAL PRODUCT, SYSTEM, OR SERVICE.—The 

term ‘‘non-commercial product, system, or service’’ means a 

product, system, or service that does not meet the criteria 

of a commercial item. 

(6) OPEN SOURCE SOFTWARE.—The term ‘‘open source software’’ means software for which the human-readable source 

code is available for use, study, re-use, modification, enhancement, and re-distribution by the users of such software. 

SEC. 1656. REPORT ON CYBERSECURITY APPRENTICE PROGRAM. 

Not later than 240 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on the feasibility of establishing a 

Cybersecurity Apprentice Program to support on-the-job training 

for certain cybersecurity positions and facilitate the acquisition 

of cybersecurity certifications. 

SEC. 1657. REPORT ON ENHANCEMENT OF SOFTWARE SECURITY FOR 

CRITICAL SYSTEMS. 

(a) REPORT REQUIRED.—Not later than March 1, 2019, the 

Principal Cyber Adviser to the Secretary of Defense, the Under 

Secretary of Defense for Research and Engineering, and the Chief 

Information Officer of the Department of Defense shall jointly 

submit to the congressional defense committees a report on a study, 

based on the authorities specified in subsection (b), on the costs, 

benefits, technical merits, and other merits of applying the technologies described in subsection (c) to the vulnerability assessment 

and remediation of the following systems: 

(1) Nuclear systems and nuclear command and control. 

(2) A critical subset of conventional power projection 

capabilities. 

(3) Cyber command and control. 


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(4) Other defense critical infrastructure. 

(b) BASIS FOR CONDUCT OF STUDY.—The study required for 

purposes of subsection (a) shall be conducted pursuant to the following: 

(1) Section 1640 of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91). 

(2) Section 1650 of the National Defense Authorization 

Act for Fiscal Year 2017 (10 U.S.C. 2224 note). 

(3) Section 1647 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118). 

(4) Section 937 of the National Defense Authorization Act 

for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note). 

(c) TECHNOLOGIES.—The technologies described in this subsection include the following: 

(1) Technology acquired, developed, and used by Combat 

Support Agencies of the Department of Defense to discover 

flaws and weaknesses in software code by inputting immense 

quantities of pseudo-random data (commonly referred to as 

‘‘fuzz’’) to identify inputs that cause the software to fail or 

degrade. 

(2) Cloud-based software fuzzing-as-a-service to continuously test the security of Department of Defense software 

repositories at large scale. 

(3) Formal programming and protocol language for software 

code development and other methods and tools developed under 

various programs such as the High Assurance Cyber Military 

Systems program of the Defense Advanced Research Projects 

Agency. 

(4) The binary analysis and symbolic execution software 

security tools developed under the Cyber Grand Challenge of 

the Defense Advanced Research Projects Agency. 

(5) Any other advanced or immature technologies with 

respect to which the Department of Defense determines there 

is particular potential for application to the vulnerability 

assessment and remediation of the systems specified in subsection (a). 

Subtitle D—Nuclear Forces 

SEC. 1661. UNDER SECRETARY OF DEFENSE FOR RESEARCH AND 

ENGINEERING AND THE NUCLEAR WEAPONS COUNCIL. 

Section 179(a) of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘, Technology, and Logistics’’ and inserting ‘‘and Sustainment’’; 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

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

‘‘(4) The Under Secretary of Defense for Research and 

Engineering.’’. 

SEC. 1662. LONG-RANGE STANDOFF WEAPON REQUIREMENTS. 

Subparagraphs (A) and (B) of section 217(a)(1) of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113– 

66; 127 Stat. 706) are amended to read as follows: 


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‘‘(A) achieves initial operating capability for nuclear 

missions prior to the retirement of the nuclear-armed 

AGM–86; 

‘‘(B) achieves initial operating capability for conventional missions by not later than five years after the date 

of the achievement under subparagraph (A); and’’. 

SEC. 1663. ACCELERATION OF GROUND-BASED STRATEGIC DETERRENT PROGRAM AND LONG-RANGE STANDOFF WEAPON 

PROGRAM. 

(a) PLAN FOR ACCELERATION OF PROGRAMS.—Consistent with 

validated military requirements and in accordance with applicable 

provisions of Federal law regarding acquisition, the Under Secretary 

of Defense for Acquisition and Sustainment, in consultation with 

the Secretary of the Air Force, shall develop and implement— 

(1) a plan to accelerate the development, procurement, 

and fielding of the ground-based strategic deterrent program; 

and 

(2) a plan to accelerate the development, procurement, 

and fielding of the long-range standoff weapon. 

(b) CRITERIA.—The plans developed under subsection (a) shall 

meet the following criteria: 

(1) With respect to the plan developed under paragraph 

(1) of such subsection, the plan shall ensure that the groundbased strategic deterrent program includes the recapitalization 

of the full intercontinental ballistic missile weapon system for 

400 deployed missiles and associated spares and 450 launch 

facilities, without phasing or splitting the program, including 

with respect to the missile flight system, ground-based infrastructure and equipment, appropriate command and control 

elements. 

(2) The plans shall include a comprehensive assessment 

of the benefits, risks, feasibility, costs, and cost savings of 

various options for accelerating the respective program covered 

by the plan, including by considering— 

(A) accelerating— 

(i) the technology maturation and risk reduction 

phase, including through the identification of low- and 

high- technology readiness levels, requirements, and 

timelines for maturing such technology; 

(ii) the award of an engineering and manufacturing 

development contract; and 

(iii) making the milestone B decision; 

(B) transitioning full acquisition authority, responsibility, and accountability of the respective program to the 

Secretary of the Air Force, including milestone decision 

authority; 

(C) providing a general officer-level program executive 

officer a dedicated, single-program, long-term assignment 

with a tailored acquisition approach, program strategy, 

and oversight model for the respective program that 

empowers the general officer to accelerate the program, 

make decisions, and be held accountable; 

(D) streamlining, as appropriate, test and evaluation 

activities for the respective program, particularly for proven 

technologies, while ensuring high confidence in the final 

deployed system; 


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(E) leveraging agile software development or other 

innovative approaches to reduce timeframes for software 

development; 

(F) identifying and proposing statutory changes that 

the Under Secretary or the Secretary of the Air Force 

determine could accelerate the respective program; 

(G) identifying accelerated goals for initial operational 

capability and full operational capability for the respective 

program; and 

(H) such other options as the Under Secretary or the 

Secretary of the Air Force consider appropriate. 

(c) SUBMISSION.—Not later than 120 days after the date of 

the enactment of this Act, the Under Secretary, in consultation 

with the Secretary of the Air Force, shall submit to the congressional defense committees the plans developed under subsection 

(a), including an assessment of the options considered and the 

options selected to be implemented under the plans. 

(d) BRIEFING.—Not later than 160 days after the date of the 

enactment of this Act, the Commander of the United States Strategic Command shall provide to the congressional defense committees a briefing on the views of the Commander with respect to 

the plans developed under subsection (a). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘milestone B decision’’ has the meaning given 

that term in section 2400(a) of title 10, United States Code. 

(2) The term ‘‘milestone decision authority’’ has the 

meaning given that term in section 2366a(d) of title 10, United 

States Code. 

SEC. 1664. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF INTERCONTINENTAL BALLISTIC MISSILE FUZES. 

(a) AVAILABILITY OF FUNDS.—Notwithstanding section 1502(a) 

of title 31, United States Code, of the amount authorized to be 

appropriated for fiscal year 2019 by section 101 and available 

for Missile Procurement, Air Force, as specified in the funding 

table in division D, $9,841,000 shall be available for the procurement of covered parts pursuant to contracts entered into under 

section 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3651). 

(b) COVERED PARTS DEFINED.—In this section, the term ‘‘covered parts’’ means commercially available off-the-shelf items as 

defined in section 104 of title 41, United States Code. 

SEC. 1665. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL 

BALLISTIC MISSILES OF THE UNITED STATES. 

(a) PROHIBITION.—Except as provided by subsection (b), none 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2019 for the Department of Defense 

shall be obligated or expended for— 

(1) reducing, or preparing to reduce, the responsiveness 

or alert level of the intercontinental ballistic missiles of the 

United States; or 

(2) reducing, or preparing to reduce, the quantity of 

deployed intercontinental ballistic missiles of the United States 

to a number less than 400. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any of the following activities: 


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(1) The maintenance or sustainment of intercontinental 

ballistic missiles. 

(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 

SEC. 1666. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS 

FOR MOBILE VARIANT OF GROUND-BASED STRATEGIC 

DETERRENT MISSILE. 

Section 1664 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2615), as amended 

by section 1663 by the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91), is amended by striking 

‘‘2019’’ and inserting ‘‘2020’’. 

SEC. 1667. EXCHANGE PROGRAM FOR NUCLEAR WEAPONS PROGRAM 

EMPLOYEES. 

(a) PROGRAM AUTHORIZED.—The Chairman of the Nuclear 

Weapons Council established under section 179 of title 10, United 

States Code, and the Administrator for Nuclear Security, shall 

jointly establish an exchange program under which— 

(1) the Chairman shall arrange for the temporary assignment of civilian and military personnel working on nuclear 

weapons policy, production, and force structure issues in the 

Office of the Secretary of Defense, the Joint Staff, the Navy, 

or the Air Force to the Office of the Deputy Administrator 

for Defense Programs in the National Nuclear Security 

Administration; and 

(2) the Administrator shall arrange for the temporary 

assignment of civilian personnel working on programs related 

to nuclear weapons in the Office of the Deputy Administrator 

for Defense Programs to the elements of the Department of 

Defense specified in paragraph (1). 

(b) PURPOSES.—The purposes of the exchange program established under subsection (a) are— 

(1) to familiarize personnel from the Department of Defense 

and the National Nuclear Security Administration with the 

equities, priorities, processes, culture, and employees of the 

other agency; 

(2) for participants in the exchange program to return 

the expertise gained through their exchanges to their original 

agencies at the conclusion of their exchanges; and 

(3) to improve communication between and integration of 

the agencies that support the formation and oversight of nuclear 

weapons policy through lasting relationships across the chain 

of command. 

(c) PARTICIPANTS.— (1) NUMBER OF PARTICIPANTS.—The Chairman and the 

Administrator shall each select not fewer than five and not 

more than 10 participants per year for participation in the 

exchange program established under subsection (a). The Chairman and the Administrator may determine how many participants to select under this paragraph without regard to the 

number of participants selected from the other agency. 

(2) CRITERIA FOR SELECTION.— 

(A) IN GENERAL.—The Chairman and the Administrator shall select participants for the exchange program 

established under subsection (a) from among mid-career 

employees and based on— 

10 USC 711 note 

prec. 


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(i) the qualifications and desire to participate in 

the program of the employee; and 

(ii) the technical needs and capacities of the 

Department of Defense and the National Nuclear Security Administration, as applicable. 

(B) DEPARTMENT OF DEFENSE.—In selecting participants from the Department of Defense for the exchange 

program established under subsection (a), the Chairman 

shall ensure that there is a mix of military personnel 

and civilian employees of the Department. 

(d) TERMS.—Exchanges pursuant to the exchange program 

established under subsection (a) shall be for terms of one to two 

years, as determined and negotiated by the Chairman and the 

Administrator. Such terms may begin and end on a rolling basis. 

(e) GUIDANCE AND IMPLEMENTATION.— (1) GUIDANCE.—Not later than 90 days after the date of 

the enactment of this Act, the Chairman and the Administrator 

shall jointly develop and submit to the congressional defense 

committees interim guidance on the form and contours of the 

exchange program established under subsection (a). 

(2) IMPLEMENTATION.—Not later than 180 days after the 

date of the enactment of this Act, the Chairman and the 

Administrator shall implement the guidance developed under 

paragraph (1). 

SEC. 1668. PLAN TO TRAIN OFFICERS IN NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS. 

(a) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of the Air Force, the Secretary of the Navy, 

the Chairman of the Joint Chiefs of Staff, and the Commander 

of the United States Strategic Command, shall develop a plan 

to train, educate, manage, and track officers of the Armed Forces 

in nuclear command, control, and communications. 

(b) ELEMENTS.—The plan required by subsection (a) shall 

address— 

(1) manpower requirements at various grades; 

(2) desired career paths and promotion timing; and 

(3) any other matters the Secretary of Defense considers 

relevant to develop a mature cadre of officers with nuclear 

command, control, and communications expertise. 

(c) SUBMISSION OF PLAN.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives the plan required by subsection (a). 

(d) IMPLEMENTATION.—Not later than 18 months after the date 

of the enactment of this Act, the Secretary of Defense shall implement the plan required by subsection (a). 

SEC. 1669. INDEPENDENT STUDY ON OPTIONS TO INCREASE PRESIDENTIAL DECISION-TIME REGARDING NUCLEAR 

WEAPONS EMPLOYMENT. 

(a) INDEPENDENT STUDY.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

seek to enter into a contract with a federally funded research 

and development center to conduct a study on the potential benefits 

and risks of options to increase the time the President has to 

make a decision regarding the employment of nuclear weapons. 

(b) REPORTS.— 

10 USC 491 note. 


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(1) SUBMISSION TO DOD.—Not later than 270 days after 

the date of the enactment of this Act, the federally funded 

research and development center shall submit to the Secretary 

a report containing the study conducted under subsection (a). 

Such report shall include the findings and recommendations 

of the center. 

(2) SUBMISSION TO CONGRESS.—Not later than 30 days after 

the date on which the Secretary receives the report under 

paragraph (1), the Secretary shall submit to the congressional 

defense committees such report, without change, and any comments of the Secretary with respect to such report. 

(3) FORM.—The reports under paragraphs (1) and (2) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1670. EXTENSION OF ANNUAL REPORT ON PLAN FOR THE 

NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS 

COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND 

NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEM. 

Section 1043 of the National Defense Authorization Act for 

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as most 

recently amended by section 1665 of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91), is 

further amended in subsection (a)(1) by striking ‘‘2019’’ and 

inserting ‘‘2023’’. 

SEC. 1671. PLAN FOR ALIGNMENT OF ACQUISITION OF WARHEAD LIFE 

EXTENSION PROGRAMS AND DELIVERY VEHICLES FOR 

SUCH WARHEADS. 

Not later than February 15, 2019, the Chairman of the Nuclear 

Weapons Council established under section 179 of title 10, United 

States Code, shall submit to the congressional defense committees 

a plan containing a proposal for better aligning the acquisition 

of warhead life extension programs by the National Nuclear Security Administration with the acquisition of the planned delivery 

vehicles for such warheads by the Department of Defense. 

SEC. 1672. ANNUAL REPORT ON DEVELOPMENT OF LONG-RANGE 

STAND-OFF WEAPON. 

(a) REPORT REQUIRED.—Not later than February 15, 2019, and 

annually thereafter until the date on which the long-range standoff weapon receives Milestone B approval (as defined in section 

2366 of title 10, United States Code), the Secretary of the Air 

Force, in coordination with the Administrator for Nuclear Security 

and the Chairman of the Nuclear Weapons Council, shall submit 

to the congressional defense committees a report describing the 

joint development of the long-range stand-off weapon, including 

the missile developed by the Air Force and the W80–4 warhead 

life extension program conducted by the National Nuclear Security 

Administration. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An estimate of the date on which the long-range standoff weapon will reach initial operating capability. 

(2) A description of any development milestones for the 

missile developed by the Air Force or the warhead developed 

by the National Nuclear Security Administration that depend 

on corresponding progress at the other agency. 


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(3) A description of coordination efforts between the Air 

Force and the National Nuclear Security Administration during 

the period covered by the report. 

(4) A description of any schedule delays projected by the 

Air Force or the National Nuclear Security Administration 

and the anticipated effect such delays would have on the 

schedule of work of the other agency. 

(5) Plans to mitigate the effects of any delays described 

in paragraph (4). 

(6) A description of any ways, including through the availability of additional funding or authorities, in which the 

development milestones described in paragraph (2) or the estimated date of initial operating capability referred to in paragraph (1), could be achieved more quickly. 

(7) An estimate of the acquisition costs for the long-range 

stand-off weapon. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1673. SENSE OF CONGRESS ON NUCLEAR POSTURE OF THE 

UNITED STATES. 

It is the sense of Congress that— 

(1) for more than 70 years the nuclear deterrent of the 

United States has played, and will continue to play, a central 

role in the national security of the United States and international stability; 

(2) strong, credible, and flexible nuclear forces of the United 

States deter aggression by adversaries and assure the allies 

of the United States that the extended deterrence commitments 

of the United States are steadfast; 

(3) the 2017 National Security Strategy, the 2018 National 

Defense Strategy, and the 2018 Nuclear Posture Review correctly assess changes in the security environment related to 

interstate strategic competition and recognize that the defense 

policies and posture of the United States, including those 

related to nuclear forces, must undergo measured adjustments; 

(4) the United States remains committed to, and will continue to honor, its full range of nuclear arms control and 

nonproliferation treaty obligations and seeks continued engagement for prudent and verifiable agreements, however, the policies and actions of the United States must also hold states 

that violate such treaties accountable for such violations and 

take such violations into account when considering further 

arms control agreements; 

(5) the North Atlantic Treaty Organization (NATO) plays 

an essential role in the national security of the United States 

and NATO should continue to strengthen and align its nuclear 

and conventional deterrence posture, planning, and exercises 

to align with modern threats, including modernizing its dualcapable aircraft, command and control networks, nuclearrelated facilities, and conventional capabilities; 

(6) the 2018 Nuclear Posture Review rightly states that 

the United States requires reliable, diverse, and tailorable 

nuclear forces capable of responding to a variety of current 

threats while preparing for future uncertainty and directs 


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implementation of a comprehensive nuclear modernization program at both the Department of Defense and the National 

Nuclear Security Administration; and 

(7) the Department of Defense and the National Nuclear 

Security Administration must integrate, partner, and organize 

themselves to successfully execute all aspects of the nuclear 

modernization program, including those regarding nuclear 

forces, warheads, infrastructure, command and control, and 

personnel. 

Subtitle E—Missile Defense Programs 

SEC. 1675. DEVELOPMENT OF PERSISTENT SPACE-BASED SENSOR 

ARCHITECTURE. 

(a) DEVELOPMENT REQUIRED.—Subsection (a) of section 1683 

of the National Defense Authorization Act for Fiscal Year 2018 

(Public Law 115–91; 10 U.S.C. 2431 note) is amended by striking 

‘‘If consistent with the direction or recommendations of the Ballistic 

Missile Defense Review that commenced in 2017, the Director of 

the Missile Defense Agency’’ and inserting ‘‘Subject to the availability of appropriations, beginning fiscal year 2019, the Director 

of the Missile Defense Agency, in coordination with the Commander 

of the Air Force Space Command and the Commander of the United 

States Strategic Command,’’. 

(b) COMPATIBILITY WITH EFFORTS OF DEFENSE ADVANCED

RESEARCH PROJECTS AGENCY.—Such section is amended— 

(1) by redesignating subsections (e) and (f) as subsections 

(g) and (h), respectively; and 

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

‘‘(e) COMPATIBILITY WITH EFFORTS OF DEFENSE ADVANCED

RESEARCH PROJECTS AGENCY.—The Director shall ensure that the 

sensor architecture developed under subsection (a) is compatible 

with efforts of the Defense Advanced Research Projects Agency 

relating to space-based sensors for missile defense.’’. 

(c) REPORT ON USE OF OTHER AUTHORITIES.—Such section is 

further amended by inserting after subsection (e), as added by 

subsection (b) of this section, the following new subsection (f): 

‘‘(f) REPORT ON USE OF OTHER AUTHORITIES.—Not later than 

January 31, 2019, the Director shall submit to the appropriate 

congressional committees a report on the options available to the 

Director to use other transactional authorities pursuant to section 

2371 of title 10, United States Code, to accelerate the development 

and deployment of the sensor architecture required by subsection 

(a).’’. 

(d) PLAN.— 

(1) LIMITATION.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for the Department of Defense for the development of 

the space-based sensor architecture under subsection (a) of 

section 1683 of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note), 

not more than 85 percent may be obligated or expended until 

the date on which the Director of the Missile Defense Agency 

submits the plan under subsection (g) of such section, as 

redesignated by subsection (b)(1) of this section. 


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(2) CLARIFICATION OF ROLES.—Section 1683(g) of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 10 U.S.C. 2431 note), as redesignated by subsection (b)(1) of this section, is amended by striking ‘‘the 

Director shall submit’’ and inserting ‘‘the Director, in coordination with the Commander of the Air Force Space Command 

and the Commander of the United States Strategic Command, 

shall submit’’. 

SEC. 1676. BOOST PHASE BALLISTIC MISSILE DEFENSE. 

(a) DEVELOPMENT AND STUDY.—Section 1685 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 10 U.S.C. 2431 note) is amended by adding at the end the 

following new subsections: 

‘‘(d) DEVELOPMENT.— ‘‘(1) REQUIREMENT.—Subject to the availability of appropriations, beginning fiscal year 2019, the Director of the Missile 

Defense Agency shall carry out a program to develop boost 

phase intercept capabilities that— 

‘‘(A) are cost effective; 

‘‘(B) are air-launched, ship-based, or both; and 

‘‘(C) include kinetic interceptors. 

‘‘(2) PARTNERSHIPS.—In developing kinetic boost phase 

intercept capabilities under paragraph (1), the Director may 

enter into partnerships with the Ministry of National Defense 

of the Republic of Korea or the Ministry of Defense of Japan, 

or both. 

‘‘(e) INDEPENDENT STUDY.— 

‘‘(1) REQUIREMENT.—The Secretary of Defense shall seek 

to enter into an agreement with a federally funded research 

and development center to conduct a feasibility study on providing an initial or demonstrated boost phase capability using 

unmanned aerial vehicles and kinetic interceptors by December 

31, 2021. Such study shall include, at a minimum, a review 

of the study published by the Science, Technology, and National 

Security Working Group of the Massachusetts Institute of Technology in 2017 titled ‘Airborne Patrol to Destroy DPRK ICBMs 

in Powered Flight’. 

‘‘(2) SUBMISSION.—Not later than July 31, 2019, the Secretary shall submit to the congressional defense committees 

the study conducted under paragraph (1).’’. 

(b) MODIFICATION TO SENSE OF CONGRESS.—Subsection (a) of 

such section is amended by striking ‘‘, if consistent with the direction or recommendations of the Ballistic Missile Defense Review 

that commenced in 2017’’. 

SEC. 1677. EXTENSION OF REQUIREMENT FOR REPORTS ON 

UNFUNDED PRIORITIES OF MISSILE DEFENSE AGENCY. 

(a) IN GENERAL.—Section 1696 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2638)— 

(1) is— 

(A) transferred to chapter 9 of title 10, United States 

Code; 

(B) inserted after section 222a; and 

(C) redesignated as section 222b; and 

(2) is amended— 

10 USC 222b. 


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(A) in subsection (a), by striking ‘‘for each of fiscal 

years 2018 and 2019’’ and inserting ‘‘for a fiscal year’’; 

and 

(B) in subsection (c)(3), by striking ‘‘the budget if’’ 

and all that follows through the period at the end and 

inserting ‘‘the budget if additional resources had been available for the budget to fund the program, activity, or mission 

requirement.’’. 

(b) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—Section 222b of title 10, United 

States Code, as added by subsection (a), is amended— 

(A) in the enumerator, by striking ‘‘SEC.’’ and inserting 

‘‘§’’; and 

(B) by striking the section heading and inserting ‘‘Unfunded priorities of the Missile Defense Agency: 

annual report’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended 

by inserting after the item relating to section 222a the following 

new item: 

‘‘222b. Unfunded priorities of the Missile Defense Agency: annual report.’’. 

SEC. 1678. EXTENSION OF PROHIBITION RELATING TO MISSILE 

DEFENSE INFORMATION AND SYSTEMS. 

Section 130h(e) of title 10, United States Code, is amended 

by striking ‘‘January 1, 2019’’ and inserting ‘‘January 1, 2021’’. 

SEC. 1679. MODIFICATION OF REQUIREMENT RELATING TO TRANSITION OF BALLISTIC MISSILE DEFENSE PROGRAMS TO 

MILITARY DEPARTMENTS. 

Section 1676(b)(2) of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) 

is amended by inserting ‘‘or equivalent approval’’ before the period 

at the end. 

SEC. 1680. MODIFICATION OF REQUIREMENT TO DEVELOP A SPACEBASED BALLISTIC MISSILE INTERCEPT LAYER. 

(a) DISSOCIATION WITH BALLISTIC MISSILE DEFENSE REVIEW.— 

Subsection (a) of section 1688 of the National Defense Authorization 

Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 

note) is amended, in the matter before paragraph (1), by striking 

‘‘If consistent’’ and all that follows through ‘‘the Director’’ and 

inserting ‘‘Subject to the availability of appropriations, the Director’’. 

(b) CONFORMING AMENDMENT.—Subsection (b) of such section 

is amended, in the matter before paragraph (1), by striking ‘‘If 

the Director carries out subsection (a), not later’’ and inserting 

‘‘Not later’’. 

SEC. 1681. IMPROVEMENTS TO ACQUISITION PROCESSES OF MISSILE 

DEFENSE AGENCY. 

(a) NOTIFICATION ON CHANGES TO NON-STANDARD ACQUISITION

PROCESSES AND RESPONSIBILITIES.— 

(1) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for the Secretary of Defense may be obligated or expended 

to change the non-standard acquisition processes and responsibilities described in paragraph (2) until— 

10 USC 221 prec. 


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(A) the Secretary notifies the congressional defense 

committees of such proposed change; and 

(B) a period of 90 days has elapsed following the date 

of such notification. 

(2) NON-STANDARD ACQUISITION PROCESSES AND RESPONSIBILITIES DESCRIBED.—The non-standard acquisition processes 

and responsibilities described in this paragraph are such processes and responsibilities described in— 

(A) the memorandum of the Secretary of Defense titled 

‘‘Missile Defense Program Direction’’ signed on January 

2, 2002; 

(B) Department of Defense Directive 5134.09, as in 

effect on the date of the enactment of this Act; and 

(C) United States Strategic Command Instruction 583– 

3. 

(b) INTEGRATED MASTER TEST PLAN INFORMATION.—Together 

with the release of each integrated master test plan of the Missile 

Defense Agency, and at the same time as each budget of the 

President is submitted to Congress under section 1105(a) of title 

31, United States Code, the Director of the Missile Defense Agency 

shall make publicly available a version of each such plan that 

identifies the fiscal year and the fiscal quarter in which events 

under the plan will occur. 

(c) MISSILE DEFENSE EXECUTIVE BOARD.—In addition to the 

Under Secretary of Defense for Research and Engineering serving 

as chairman of the Missile Defense Executive Board pursuant to 

section 1676(c)(3)(B) of the National Defense Authorization Act 

for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1773), the 

Under Secretary of Defense for Acquisition and Sustainment shall 

serve— 

(1) as a member of the Board; and 

(2) as co-chairman with respect to decisions regarding 

acquisition and the approval of acquisition and production milestones, including with respect to the use of other transaction 

authority contracts and transactions in excess of $500,000,000 

(including all options). 

SEC. 1682. LAYERED DEFENSE OF THE UNITED STATES HOMELAND. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should— 

(1) continue to explore and deploy capabilities that increase 

the layered defense of the United States homeland; 

(2) support, if determined by the Secretary of Defense 

as necessary for the national security of the United States, 

the deployment of a ground-based interceptor site, or potential 

other ballistic missile defense systems pending successful 

testing, on the East Coast of the United States that— 

(A) weighs cost effectiveness and prioritization of capability; and 

(B) provides for increased protection of the continental 

United States from North Korean and Iranian threats; 

(3) support the ability of the Army, the Navy, and the 

Missile Defense Agency to deploy fixed, semi-fixed, and mobile 

at-sea and ashore assets to locations to increase the layered 

defense of all of the United States homeland; and 


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(4) support, as appropriate, further analysis and testing 

for regional systems to be employed for the layered defense 

of the United States homeland. 

(b) CERTIFICATION.—Before the Secretary of Defense makes 

a potential determination to deploy regional assets to provide missile defense from longer range threats, the Secretary shall certify 

to the congressional defense committees that such deployment 

would not pose additional risk to strategic stability. 

SEC. 1683. TESTING OF REDESIGNED KILL VEHICLE PRIOR TO 

PRODUCTION AND GROUND-BASED MIDCOURSE DEFENSE 

ACCELERATION OPTIONS. 

(a) SUCCESSFUL TESTING REQUIRED.—Except as provided by 

subsection (b), the Director of the Missile Defense Agency may 

not make a lot production decision for the redesigned kill vehicle 

unless the vehicle has undergone at least one successful flight 

intercept test that meets the following criteria: 

(1) The test sufficiently assesses the performance of the 

vehicle in order to inform a lot production decision. 

(2) The results of the test demonstrate that the vehicle— 

(A) will work in an effective manner; and 

(B) has the ability to accomplish the intended mission 

of the vehicle. 

(b) WAIVER.—The Secretary of Defense, without delegation, may 

waive subsection (a) if— 

(1) the Secretary determines that the waiver is in the 

interest of national security; 

(2) the Secretary determines that the threat of missiles 

is advancing at a pace that requires additional capacity of 

the ground-based midcourse system by 2023; 

(3) the Secretary determines that the waiver is appropriate 

in light of the assessment conducted by the Director of Operational Test and Evaluation under subsection (c); 

(4) the Secretary submits to the congressional defense 

committees a report containing— 

(A) a notice of the waiver, including the rationale of 

the Secretary for making the waiver; 

(B) a certification by the Secretary that the Secretary 

has analyzed and accepts the risk of making and implementing a lot production decision for the redesigned kill 

vehicle prior to the vehicle undergoing a successful flight 

intercept test; and 

(C) the assessment of the Director of Operational Test 

and Evaluation under subsection (c); and 

(5) a period of 30 days elapses following the date on which 

the Secretary submits the report under paragraph (4). 

(c) ASSESSMENT ON RISKS.—The Director of Operational Test 

and Evaluation shall submit to the Secretary of Defense an assessment on the risks of making a lot production decision for the 

redesigned kill vehicle prior to the vehicle undergoing a successful 

flight intercept test. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Director of the Missile Defense 

Agency shall submit to the congressional defense committees 

a report on ways the Director could accelerate by at least 

one year the construction of Missile Field 4 at Fort Greely, 


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Alaska, as well as the deployment of 20 ground-based interceptors with redesigned kill vehicles at such missile field. 

(2) CONTENTS.—The report under paragraph (1) shall 

include the following: 

(A) A threat-based description of the benefits and risks 

of accelerating the construction and deployment referred 

to in paragraph (1). 

(B) A description of the technical and acquisition risks 

and potential effects on the reliability of the redesigned 

kill vehicle if deployment is accelerated as described in 

paragraph (1). 

(C) A description of the cost implications of accelerating 

the construction and deployment referred to in paragraph 

(1). 

(D) A description of the effect such acceleration would 

have on the redesigned kill vehicle flight test schedule 

and the overall integrated master test plan. 

(E) A description of the effect that the acceleration 

described in paragraph (1) would have on re-tipping currently deployed exoatmospheric kill vehicles with the 

redesigned kill vehicle. 

(F) A description of how such acceleration would align 

with the deployment of the long-range discrimination radar 

and the discrimination radar for homeland defense to be 

made operational in Hawaii. 

(G) A cost-benefit analysis and a feasibility assessment 

for construction of a fifth missile field at Fort Greely, 

Alaska. 

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1684. REQUIREMENTS FOR BALLISTIC MISSILE DEFENSE 

CAPABLE SHIPS. 

(a) FORCE STRUCTURE ASSESSMENT.—The Secretary of the 

Navy, in consultation with the Director of the Missile Defense 

Agency, shall include in the first force structure assessment conducted following the date of the enactment of this Act the following: 

(1) An assessment of the requirements for ballistic missile 

defense capable ships. 

(2) The force structure requirements associated with 

advanced ballistic missile defense capabilities. 

(b) FORCE STRUCTURE ASSESSMENT DEFINED.—The term ‘‘force 

structure assessment’’ has the meaning given the term in Chief 

of Naval Operations Instruction 3050.27. 

SEC. 1685. MULTIYEAR PROCUREMENT AUTHORITY FOR STANDARD 

MISSILE–3 IB GUIDED MISSILES. 

(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 2019 program year, for the procurement of standard 

missile–3 block IB guided missiles. 

(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 

may enter into one or more contracts for advance procurement 

associated with the missiles for which authorization to enter into 

a multiyear procurement contract is provided under subsection 

(a). 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2165 

(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 for that purpose for such later fiscal year. 

SEC. 1686. LIMITATION ON AVAILABILITY OF FUNDS FOR ARMY LOWER 

TIER AIR AND MISSILE DEFENSE SENSOR. 

(a) LIMITATION.—If the Secretary of the Army issues an acquisition strategy for a 360-degree lower tier air and missile defense 

sensor pursuant to section 1679(a) of the National Defense 

Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 

Stat. 1774) that proposes such sensor achieve initial operating 

capability later than December 31, 2023, not more than 50 percent 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2019 for such sensor may be obligated 

or expended until the date on which the Secretary submits to 

the congressional defense committees a report— 

(1) explaining the rationale of such delayed initial operating 

capability, including a description of any technological or 

acquisition-related factors causing such delay; and 

(2) containing a funding profile and schedule to ensure 

that such sensor would achieve initial operating capability by 

December 31, 2023. 

(b) PERFORMANCE SPECIFICATION.—The Secretary shall ensure 

that the performance specification of the 360-degree lower tier 

air and missile defense sensor— 

(1) specifies requirements relating to— 

(A) detecting and tracking complex attacks from airbreathing threats, tactical ballistic missiles, and emerging 

hypersonic weapons; and 

(B) being a key component of the future integrated 

air and missile defense architecture of the Army and supporting engagements for the full range and capability of 

Patriot Advanced Capability–3 missile segment enhancement interceptors; and 

(2) uses evaluation criteria that enable an understanding 

of the cost and value of procuring such sensor in accordance 

with such specified requirements. 

SEC. 1687. MISSILE DEFENSE RADAR IN HAWAII. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense, acting through the Director of the Missile 

Defense Agency, and in coordination with relevant Federal and 

local entities, should— 

(1) ensure an on-time delivery of the discrimination radar 

for homeland defense to be made operational in Hawaii; and 

(2) accelerate the deployment of the radar as much as 

possible, contingent on the environmental review process pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.). 

(b) CERTIFICATION.—Not later than 45 days after the date of 

the enactment of this Act, the Director of the Missile Defense 

Agency shall certify to the congressional defense committees that— 

(1) the Director is on schedule to award the contract for 

the discrimination radar for homeland defense planned to be 

located in Hawaii by December 31, 2018; and 


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132 STAT. 2166 PUBLIC LAW 115–232—AUG. 13, 2018 

(2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later 

than September 30, 2023. 

(c) UPDATES.— (1) MONTHLY UPDATES ON DELAYED SCHEDULE.—If the 

Director has not awarded the contract referred to in subsection 

(b)(1) by December 31, 2018, on a monthly basis beginning 

on such date and ending on the date on which the Director 

makes such award, the Director shall provide to the congressional defense committees an update explaining— 

(A) the rationale for the delay in making such award; 

and 

(B) any effects of such delay in making such radar 

and associated in-flight interceptor communications system 

data terminal operational by not later than September 

30, 2023. 

(2) SEMIANNUAL UPDATES.—Not later than June 3, 2019, 

and semiannually thereafter through 2021, the Director shall 

provide to the congressional defense committees an update 

on— 

(A) the acquisition of the discrimination radar for 

homeland defense planned to be located in Hawaii and 

the associated in-flight interceptor communications system 

data terminal; and 

(B) the environmental review process for such radar 

pursuant to the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

SEC. 1688. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND 

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND CO-PRODUCTION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the strong and enduring relationship between the 

United States and Israel is in the national security interest 

of both countries; and 

(2) the memorandum of understanding signed by the United 

States and Israel on September 14, 2016, including the provisions of the memorandum relating to missile and rocket defense 

cooperation, is a critical component of the bilateral relationship. 

(b) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.— 

(1) AVAILABILITY OF FUNDS.—Of the funds authorized to 

be appropriated by this Act or otherwise made available for 

fiscal year 2019 for procurement, Defense-wide, and available 

for the Missile Defense Agency, $70,000,000 may be provided 

to the Government of Israel, in accordance with the memorandum of understanding signed by the United States and 

Israel on September 14, 2016, to procure components for the 

Iron Dome short-range rocket defense system through coproduction of such components in the United States by industry 

of the United States. 

(2) CONDITIONS.— (A) AGREEMENT.—Funds described in paragraph (1) 

for the Iron Dome short-range rocket defense program shall 

be available subject to the terms and conditions in the 

Agreement Between the Department of Defense of the 

United States of America and the Ministry of Defense 

of the State of Israel Concerning Iron Dome Defense System 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2167 

Procurement, signed on March 5, 2014, as amended to 

include co-production for Tamir interceptors. 

(B) CERTIFICATION.—Not later than 30 days prior to 

the initial obligation of funds described in paragraph (1), 

the Director of the Missile Defense Agency and the Under 

Secretary of Defense for Acquisition and Sustainment shall 

jointly submit to the appropriate congressional committees— 

(i) a certification that the amended bilateral international agreement specified in subparagraph (A) is 

being implemented as provided in such agreement; 

and 

(ii) an assessment detailing any risks relating to 

the implementation of such agreement. 

(c) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, DAVID’S

SLING WEAPON SYSTEM CO-PRODUCTION.— 

(1) IN GENERAL.—Subject to paragraph (2), of the funds 

authorized to be appropriated for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense 

Agency, $50,000,000 may be provided to the Government of 

Israel, in accordance with the memorandum of understanding 

signed by the United States and Israel on September 14, 2016, 

to procure the David’s Sling Weapon System, including for 

co-production of parts and components in the United States 

by United States industry. 

(2) CERTIFICATION.—The Under Secretary of Defense for 

Acquisition and Sustainment shall submit to the appropriate 

congressional committees a certification that— 

(A) the Government of Israel has demonstrated the 

successful completion of the knowledge points, technical 

milestones, and production readiness reviews required by 

the research, development, and technology agreement and 

the bilateral co-production agreement for the David’s Sling 

Weapon System; 

(B) funds specified in paragraph (1) will be provided 

on the basis of a one-for-one cash match made by Israel 

or in another matching amount that otherwise meets best 

efforts (as mutually agreed to by the United States and 

Israel); and 

(C) the level of co-production of parts, components, 

and all-up rounds (if appropriate) in the United States 

by United States industry for the David’s Sling Weapon 

System is not less than 50 percent. 

(d) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, ARROW

3 UPPER TIER INTERCEPTOR PROGRAM CO-PRODUCTION.— 

(1) IN GENERAL.—Subject to paragraph (2), of the funds 

authorized to be appropriated for fiscal year 2019 for procurement, Defense-wide, and available for the Missile Defense 

Agency, $80,000,000 may be provided to the Government of 

Israel, in accordance with the memorandum of understanding 

signed by the United States and Israel on September 14, 2016, 

for the Arrow 3 Upper Tier Interceptor Program, including 

for co-production of parts and components in the United States 

by United States industry. 

(2) CERTIFICATION.—Except as provided by paragraph (3), 

the Under Secretary of Defense for Acquisition and 


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132 STAT. 2168 PUBLIC LAW 115–232—AUG. 13, 2018 

Sustainment shall submit to the appropriate congressional 

committees a certification that— 

(A) the Government of Israel has demonstrated the 

successful completion of the knowledge points, technical 

milestones, and production readiness reviews required by 

the research, development, and technology agreements for 

the Arrow 3 Upper Tier Interceptor Program; 

(B) funds specified in paragraph (1) will be provided 

on the basis of a one-for-one cash match made by Israel 

or in another matching amount that otherwise meets best 

efforts (as mutually agreed to by the United States and 

Israel); 

(C) the United States has entered into a bilateral international agreement with Israel that establishes, with 

respect to the use of such funds— 

(i) in accordance with subparagraph (D), the terms 

of co-production of parts and components on the basis 

of the greatest practicable co-production of parts, 

components, and all-up rounds (if appropriate) by 

United States industry and minimizes nonrecurring 

engineering and facilitization expenses to the costs 

needed for co-production; 

(ii) complete transparency on the requirement of 

Israel for the number of interceptors and batteries 

that will be procured, including with respect to the 

procurement plans, acquisition strategy, and funding 

profiles of Israel; 

(iii) technical milestones for co-production of parts 

and components and procurement; 

(iv) a joint affordability working group to consider 

cost reduction initiatives; and 

(v) joint approval processes for third-party sales; 

and 

(D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. 

(3) WAIVER.—The Under Secretary may waive the certification required by paragraph (2) if the Under Secretary certifies 

to the appropriate congressional committees that the Under 

Secretary has received sufficient data from the Government 

of Israel to demonstrate— 

(A) the funds specified in paragraph (1) are provided 

to Israel solely for funding the procurement of long-lead 

components and critical hardware in accordance with a 

production plan, including a funding profile detailing Israeli 

contributions for production, including long-lead production, of the Arrow 3 Upper Tier Interceptor Program; 

(B) such long-lead components have successfully completed knowledge points, technical milestones, and production readiness reviews; and 

(C) the long-lead procurement will be conducted in 

a manner that maximizes co-production in the United 

States without incurring nonrecurring engineering activity 

or cost other than such activity or cost required for suppliers of the United States to start or restart production 

in the United States. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2169 

(e) NUMBER.—In carrying out paragraph (2) of subsection (c) 

and paragraph (2) of subsection (d), the Under Secretary may 

submit— 

(1) one certification covering both the David’s Sling Weapon 

System and the Arrow 3 Upper Tier Interceptor Program; or 

(2) separate certifications for each respective system. 

(f) TIMING.—The Under Secretary shall submit to the congressional defense committees the certifications under paragraph (2) 

of subsection (c) and paragraph (2) of subsection (d) by not later 

than 60 days before the funds specified in paragraph (1) of subsections (c) and (d) for the respective system covered by the certification are provided to the Government of Israel. 

(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives. 

SEC. 1689. ACCELERATION OF HYPERSONIC MISSILE DEFENSE PROGRAM. 

(a) ACCELERATION OF PROGRAM.—Subject to the availability 

of appropriations, the Director of the Missile Defense Agency shall 

accelerate the hypersonic missile defense program of the Missile 

Defense Agency. 

(b) DEPLOYMENT.—The Director shall deploy such program in 

conjunction with a persistent space-based missile defense sensor 

program. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Director shall submit to 

the congressional defense committees a report on how 

hypersonic missile defense can be accelerated to meet emerging 

hypersonic threats. 

(2) CONTENTS.—The report under paragraph (1) shall 

include the following: 

(A) An estimate of the cost of the acceleration described 

in such paragraph. 

(B) The technical requirements and acquisition plan 

needed for the Director to develop and deploy a hypersonic 

missile defense program. 

(C) A testing campaign plan that accelerates the 

delivery of hypersonic defense systems to the warfighter. 

(3) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 1690. REPORT ON BALLISTIC MISSILE DEFENSE. 

(a) REPORT.—Not later than 180 days after the date on which 

the Ballistic Missile Defense Review that commenced in 2017 is 

published, the Secretary of Defense shall submit to the congressional defense committees a report that addresses the implications 

of the recommendations of the Ballistic Missile Defense Review 

on current programs of record, costs and resource prioritization, 

and strategic stability. 

(b) CBO REPORT ON COSTS.— 


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132 STAT. 2170 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) REPORT.—Not later than one year after the date on 

which the Ballistic Missile Defense Review that commenced 

in 2017 is published, the Director of the Congressional Budget 

Office shall submit to the congressional defense committees 

a report setting forth an estimate of the costs over the 10- 

year period beginning on the date of the report associated 

with implementing any recommendations of the Ballistic Missile Defense Review. 

(2) FORM.—The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1691. SENSE OF CONGRESS ON ALLIED PARTNERSHIPS FOR MISSILE DEFENSE. 

It is the sense of Congress that— 

(1) the United States should seek additional opportunities, 

at the tactical, operational, and strategic levels, to provide 

missile defense capabilities, doctrine, interoperability, and planning to allies and trusted partners of the United States; 

(2) an expedited foreign military sales arrangement would 

be beneficial in delivering such missile defenses to allies and 

trusted partners; and 

(3) it is important to continue to work with allies and 

trusted partners to learn from their experience deploying 

successful missile defense technologies. 

SEC. 1692. SENSE OF CONGRESS ON TESTING BY MISSILE DEFENSE 

AGENCY. 

It is the sense of Congress that— 

(1) the Missile Defense Agency should, as part of the test 

program of the Agency, continue to build an independently 

accredited modeling and simulation element to better inform 

missile defense performance assessments and test criteria; and 

(2) the Missile Defense Agency should continue to pursue 

an increasingly rigorous testing regime, in coordination with 

the Director of Operational Test and Evaluation, to more rapidly deliver capabilities to the warfighter as the threat evolves. 

Subtitle F—Other Matters 

SEC. 1695. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO 

THE UNITED STATES FROM ELECTROMAGNETIC PULSE 

ATTACKS AND SIMILAR EVENTS. 

Section 1691 of the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1786) is amended— 

(1) in subsection (e)— 

(A) in paragraph (1)(A), by striking ‘‘April 1, 2019’’ 

and inserting ‘‘April 1, 2020’’; and 

(B) in paragraph (3), by striking ‘‘October 1, 2018’’ 

and inserting ‘‘October 1, 2019’’; and 

(2) in subsection (h), by striking ‘‘October 1, 2019’’ and 

inserting ‘‘October 1, 2020’’. 

SEC. 1696. PROCUREMENT OF AMMONIUM PERCHLORATE AND OTHER 

CHEMICALS FOR USE IN SOLID ROCKET MOTORS. 

(a) BUSINESS CASE ANALYSIS.— (1) GOVERNMENT-OWNED, CONTRACTOR OPERATED.—The 

Secretary of the Army and the Under Secretary of Defense 


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for Acquisition and Sustainment shall jointly conduct a business 

case analysis of the Federal Government using a Governmentowned, contractor-operated model to ensure a robust domestic 

industrial base to supply specialty chemicals, including ammonium perchlorate, for use in solid rocket motors. Such analysis 

shall include assessments of the near- and long-term costs, 

operating and sustainment costs, program impacts, opportunities for competition, opportunities for redundant or complementary capabilities, and national security implications of using 

such a model. 

(2) REPORT.—Not later than March 1, 2019, the Secretary 

and the Under Secretary shall submit to the congressional 

defense committees the business case analysis conducted under 

paragraph (1). 

(b) ANNUAL REPORTS ON CERTAIN SOLID ROCKET MOTORS.— 

(1) IN GENERAL.—Not later than December 31, 2018, and 

each year thereafter through 2021, the Secretary of Defense 

shall submit to the congressional defense committees an annual 

report on rockets or missiles provided to the Department of 

Defense during the year covered by the report that use a 

solid rocket motor that was, in whole or in part, recovered 

or recycled from a rocket motor previously owned by the Department of Defense. 

(2) MATTERS INCLUDED.—Each report under paragraph (1) 

shall include, with respect to the year covered by the report, 

the following: 

(A) An identification of which rockets or missiles covered by the report use recycled ammonium perchlorate. 

(B) The quantity of such recovered or recycled ammonium perchlorate. 

(C) Whether any of the solid rocket propellant, or 

sodium perchlorate precursor, to be used in the rocket 

or missile is imported from a foreign country, and if so, 

the identity of the country. 

(D) Any other information the Secretary determines 

appropriate. 

SEC. 1697. BUDGET EXHIBIT ON SUPPORT PROVIDED TO ENTITIES 

OUTSIDE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Under Secretary of Defense (Comptroller) 

shall include in the budget justification materials submitted to 

Congress in support of the Department of Defense budget for each 

fiscal year (as submitted with the budget of the President under 

section 1105(a) of title 31, United States Code) a single budget 

exhibit containing relevant details pertaining to support provided 

by the Department of Defense to the Executive Office of the President related to senior leader communications and continuity of 

Government programs. 

(b) INCLUSIONS.—The budget exhibit required by subsection 

(a) shall include— 

(1) support provided by the White House Military Office, 

the White House Communications Agency, special mission area 

activities of the Defense Information Systems Agency, and other 

relevant programs; and 

(2) specific appropriation and line numbers where appropriate. 

10 USC 221 note. 


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132 STAT. 2172 PUBLIC LAW 115–232—AUG. 13, 2018 

(c) FORM.—The budget exhibit required by subsection (a) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1698. CONVENTIONAL PROMPT GLOBAL STRIKE HYPERSONIC 

CAPABILITIES. 

(a) VALIDATED REQUIREMENTS.—Not later than 120 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a validated 

requirement for ground-, sea-, or air-launched (or a combination 

thereof) conventional prompt global strike hypersonic capabilities. 

(b) REPORT.—Not later than January 31, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in coordination 

with the Under Secretary of Defense for Policy, shall submit to 

the congressional defense committees a report that contains the 

following: 

(1) A plan to deliver a conventional prompt global strike 

weapon system that— 

(A) is in accordance with section 1693 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 131 Stat. 1791); and 

(B) includes— 

(i) options with cost estimates for accelerating the 

initial capability for such system; and 

(ii) a description of policy decisions by the Secretary of Defense that are necessary to employ 

hypersonic offense capabilities from each potential 

launch platform of such system. 

(2) Details with respect to the assessed level of ambiguity 

and misinterpretation risk relating to the conventional prompt 

global strike weapon system, including such potential risks 

associated with weapon ambiguity (including if adversary sensors are degraded), perceptions of the survivability of strategic 

nuclear forces, and likely adversary responses. 

(3) A description of whether, when, and how the Under 

Secretary of Defense for Policy would address the risks identified under paragraph (2) in developing and deploying the 

conventional prompt global strike weapon system and in developing the concept of operations for such system. 

SEC. 1699. REPORT REGARDING INDUSTRIAL BASE FOR LARGE SOLID 

ROCKET MOTORS. 

(a) REPORT.— 

(1) IN GENERAL.—Not later than April 15, 2019, the Under 

Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretaries of the military departments that 

the Under Secretary determines appropriate, shall submit to 

the appropriate congressional committees a report on whether, 

and if so, how, the Federal Government will sustain more 

than one supplier for large solid rocket motors. 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include an assessment of the following: 

(A) The risks within the industrial base for large solid 

rocket motors, including the risks to national security. 

(B) The near- and long-term costs associated with 

having a single source of large solid rocket motors as compared to having more than one such source. 


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(C) Options for sustaining more than one supplier for 

large solid rocket motors, including through leveraging— 

(i) the ground-based strategic deterrent program; 

(ii) the Trident II D5 fleet ballistic missile program; 

(iii) the ground-based midcourse defense program; 

(iv) national security space launch programs; 

(v) programs of the National Aeronautics and 

Space Administration; and 

(vi) any other applicable programs that use or 

may use solid rocket motors of any size, including 

with respect to substrategic and tactical systems. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Science, Space, and Technology and 

the Permanent Select Committee on Intelligence of the House 

of Representatives. 

(3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. 

TITLE XVII—REVIEW OF FOREIGN 

INVESTMENT AND EXPORT CONTROLS 

Subtitle A—Committee on Foreign Investment in the United States 

Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act of 2018. 

Sec. 1702. Findings; sense of Congress. 

Sec. 1703. Definitions. 

Sec. 1704. Acceptance of written notices. 

Sec. 1705. Inclusion of partnership and side agreements in notice. 

Sec. 1706. Declarations for certain covered transactions. 

Sec. 1707. Stipulations regarding transactions. 

Sec. 1708. Authority for unilateral initiation of reviews. 

Sec. 1709. Timing for reviews and investigations. 

Sec. 1710. Identification of non-notified and non-declared transactions. 

Sec. 1711. Submission of certifications to Congress. 

Sec. 1712. Analysis by Director of National Intelligence. 

Sec. 1713. Information sharing. 

Sec. 1714. Action by the President. 

Sec. 1715. Judicial review. 

Sec. 1716. Considerations for regulations. 

Sec. 1717. Membership and staff of Committee. 

Sec. 1718. Actions by the Committee to address national security risks. 

Sec. 1719. Modification of annual report and other reporting requirements. 

Sec. 1720. Certification of notices and information. 

Sec. 1721. Implementation plans. 

Sec. 1722. Assessment of need for additional resources for Committee. 

Sec. 1723. Funding. 

Sec. 1724. Centralization of certain Committee functions. 

Sec. 1725. Conforming amendments. 

Sec. 1726. Briefing on information from transactions reviewed by Committee on 

Foreign Investment in the United States relating to foreign efforts to influence democratic institutions and processes. 

Sec. 1727. Effective date. 

Sec. 1728. Severability. 

Subtitle B—Export Control Reform 

Sec. 1741. Short title. 

Sec. 1742. Definitions. 

PART I—AUTHORITY AND ADMINISTRATION OF CONTROLS

Sec. 1751. Short title. 


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Sec. 1752. Statement of policy. 

Sec. 1753. Authority of the President. 

Sec. 1754. Additional authorities. 

Sec. 1755. Administration of export controls. 

Sec. 1756. Licensing. 

Sec. 1757. Compliance assistance. 

Sec. 1758. Requirements to identify and control the export of emerging and 

foundational technologies. Sec. 1759. Review relating to countries subject to comprehensive United States 

arms embargo. Sec. 1760. Penalties. 

Sec. 1761. Enforcement. 

Sec. 1762. Administrative procedure. 

Sec. 1763. Review of interagency dispute resolution process. 

Sec. 1764. Consultation with other agencies on commodity classification. 

Sec. 1765. Annual report to Congress. 

Sec. 1766. Repeal. 

Sec. 1767. Effect on other Acts. 

Sec. 1768. Transition provisions. 

PART II—ANTI-BOYCOTT ACT OF 2018 

Sec. 1771. Short title. 

Sec. 1772. Statement of policy. 

Sec. 1773. Foreign boycotts. 

Sec. 1774. Enforcement. 

PART III—ADMINISTRATIVE AUTHORITIES

Sec. 1781. Under Secretary of Commerce for Industry and Security. 

Subtitle C—Miscellaneous 

Sec. 1791. Extension of authority. 

Sec. 1792. Limitation on cancellation of designation of Secretary of the Air Force 

as Department of Defense Executive Agent for a certain Defense Production Act program. Sec. 1793. Review of and report on certain defense technologies critical to the 

United States maintaining superior military capabilities. 

Subtitle A—Committee on Foreign 

Investment in the United States 

SEC. 1701. SHORT TITLE: FOREIGN INVESTMENT RISK REVIEW MODERNIZATION ACT OF 2018. 

This subtitle may be cited as the ‘‘Foreign Investment Risk 

Review Modernization Act of 2018’’. 

SEC. 1702. FINDINGS; SENSE OF CONGRESS. 

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

(1) According to a February 2016 report by the International Trade Administration of the Department of Commerce, 

12,000,000 United States workers, equivalent to 8.5 percent 

of the labor force, have jobs resulting from foreign investment, 

including 3,500,000 jobs in the manufacturing sector alone. 

(2) In 2016, new foreign direct investment in United States 

manufacturing totaled $129,400,000,000. 

(3) The Bureau of Economic Analysis of the Department 

of Commerce concluded that, in 2015— 

(A) foreign-owned affiliates in the United States— 

(i) contributed $894,500,000,000 in value added 

to the United States economy; 

(ii) exported goods valued at $352,800,000,000, 

accounting for nearly a quarter of total exports of 

goods from the United States; and 

(iii) undertook $56,700,000,000 in research and 

development; and 

50 USC 4565 

note. 

50 USC 4501 

note. 

Foreign 

Investment Risk 

Review 

Modernization 

Act of 2018. 


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(B) the 7 countries investing the most in the United 

States, all of which are United States allies (the United 

Kingdom, Japan, Germany, France, Canada, Switzerland, 

and the Netherlands) accounted for 72.1 percent of the 

value added by foreign-owned affiliates in the United States 

and more than 80 percent of research and development 

expenditures by such entities. 

(4) According to the Government Accountability Office, from 

2011 to 2016, the number of transactions reviewed by the 

Committee on Foreign Investment in the United States (commonly referred to as ‘‘CFIUS’’) grew by 55 percent, while the 

staff of the Committees assigned to the reviews increased by 

11 percent. 

(5) According to a February 2018 report of the Government 

Accountability Office on the Committee on Foreign Investment 

in the United States (GAO–18–249): ‘‘Officials from Treasury 

and other member agencies are aware of pressures on their 

CFIUS staff given the current workload and have expressed 

concerns about possible workload increases.’’. The Government 

Accountability Office concluded: ‘‘Without attaining an understanding of the staffing levels needed to address the current 

and future CFIUS workload, particularly if legislative changes 

to CFIUS’s authorities further expand its workload, CFIUS 

may be limited in its ability to fulfill its objectives and address 

threats to the national security of the United States.’’. 

(6) On March 30, 1954, Dwight David Eisenhower—fivestar general, Supreme Allied Commander, and 34th President 

of the United States—in his ‘‘Special Message to the Congress 

on Foreign Economic Policy’’, counseled: ‘‘Great mutual advantages to buyer and seller, to producer and consumer, to investor 

and to the community where investment is made, accrue from 

high levels of trade and investment.’’. President Eisenhower 

continued: ‘‘The internal strength of the American economy 

has evolved from such a system of mutual advantage. In the 

press of other problems and in the haste to meet emergencies, 

this nation—and many other nations of the free world—have 

all too often lost sight of this central fact.’’. President Eisenhower concluded: ‘‘If we fail in our trade policy, we may fail 

in all. Our domestic employment, our standard of living, our 

security, and the solidarity of the free world—all are involved.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) foreign investment provides substantial economic benefits to the United States, including the promotion of economic 

growth, productivity, competitiveness, and job creation, thereby 

enhancing national security; 

(2) maintaining the commitment of the United States to 

an open investment policy encourages other countries to reciprocate and helps open new foreign markets for United States 

businesses; 

(3) it should continue to be the policy of the United States 

to enthusiastically welcome and support foreign investment, 

consistent with the protection of national security; 

(4) at the same time, the national security landscape has 

shifted in recent years, and so has the nature of the investments 

that pose the greatest potential risk to national security, which 

warrants an appropriate modernization of the processes and 


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authorities of the Committee on Foreign Investment in the 

United States and of the United States export control system; 

(5) the Committee on Foreign Investment in the United 

States plays a critical role in protecting the national security 

of the United States, and, therefore, it is essential that the 

member agencies of the Committee are adequately resourced 

and able to hire appropriately qualified individuals in a timely 

manner, and that those individuals’ security clearances are 

processed as a high priority; 

(6) the President should conduct a more robust international outreach effort to urge and help allies and partners 

of the United States to establish processes that are similar 

to the Committee on Foreign Investment in the United States 

to screen foreign investments for national security risks and 

to facilitate coordination; 

(7) the President should lead a collaborative effort with 

allies and partners of the United States to strengthen the 

multilateral export control regime; 

(8) any penalties imposed by the United States Government 

with respect to an individual or entity pursuant to a determination that the individual or entity has violated sanctions imposed 

by the United States or the export control laws of the United 

States should not be reversed for reasons unrelated to the 

national security of the United States; and 

(9) the Committee on Foreign Investment in the United 

States should continue to review transactions for the purpose 

of protecting national security and should not consider issues 

of national interest absent a national security nexus. 

(c) SENSE OF CONGRESS ON CONSIDERATION OF COVERED TRANSACTIONS.—It is the sense of Congress that, when considering 

national security risks, the Committee on Foreign Investment in 

the United States may consider— 

(1) whether a covered transaction involves a country of 

special concern that has a demonstrated or declared strategic 

goal of acquiring a type of critical technology or critical infrastructure that would affect United States leadership in areas 

related to national security; 

(2) the potential national security-related effects of the 

cumulative control of, or pattern of recent transactions 

involving, any one type of critical infrastructure, energy asset, 

critical material, or critical technology by a foreign government 

or foreign person; 

(3) whether any foreign person engaging in a covered transaction with a United States business has a history of complying 

with United States laws and regulations; 

(4) the control of United States industries and commercial 

activity by foreign persons as it affects the capability and 

capacity of the United States to meet the requirements of 

national security, including the availability of human resources, 

products, technology, materials, and other supplies and services, and in considering ‘‘the availability of human resources’’, 

should construe that term to include potential losses of such 

availability resulting from reductions in the employment of 

United States persons whose knowledge or skills are critical 

to national security, including the continued production in the 

United States of items that are likely to be acquired by the 


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Department of Defense or other Federal departments or agencies for the advancement of the national security of the United 

States; 

(5) the extent to which a covered transaction is likely 

to expose, either directly or indirectly, personally identifiable 

information, genetic information, or other sensitive data of 

United States citizens to access by a foreign government or 

foreign person that may exploit that information in a manner 

that threatens national security; and 

(6) whether a covered transaction is likely to have the 

effect of exacerbating or creating new cybersecurity 

vulnerabilities in the United States or is likely to result in 

a foreign government gaining a significant new capability to 

engage in malicious cyber-enabled activities against the United 

States, including such activities designed to affect the outcome 

of any election for Federal office. 

SEC. 1703. DEFINITIONS. 

Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 

4565(a)) is amended to read as follows: 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CLARIFICATION.—The term ‘national security’ shall be 

construed so as to include those issues relating to ‘homeland 

security’, including its application to critical infrastructure. 

‘‘(2) COMMITTEE; CHAIRPERSON.—The terms ‘Committee’ 

and ‘chairperson’ mean the Committee on Foreign Investment 

in the United States and the chairperson thereof, respectively. 

‘‘(3) CONTROL.—The term ‘control’ means the power, direct 

or indirect, whether exercised or not exercised, to determine, 

direct, or decide important matters affecting an entity, subject 

to regulations prescribed by the Committee. 

‘‘(4) COVERED TRANSACTION.— 

‘‘(A) IN GENERAL.—Except as otherwise provided, the 

term ‘covered transaction’ means— 

‘‘(i) any transaction described in subparagraph 

(B)(i); and 

‘‘(ii) any transaction described in clauses (ii) 

through (v) of subparagraph (B) that is proposed, 

pending, or completed on or after the effective date 

set forth in section 1727 of the Foreign Investment 

Risk Review Modernization Act of 2018. 

‘‘(B) TRANSACTIONS DESCRIBED.—A transaction 

described in this subparagraph is any of the following: 

‘‘(i) Any merger, acquisition, or takeover that is 

proposed or pending after August 23, 1988, by or with 

any foreign person that could result in foreign control 

of any United States business, including such a merger, 

acquisition, or takeover carried out through a joint 

venture. 

‘‘(ii) Subject to subparagraphs (C) and (E), the 

purchase or lease by, or a concession to, a foreign 

person of private or public real estate that— 

‘‘(I) is located in the United States; 

‘‘(II)(aa) is, is located within, or will function 

as part of, an air or maritime port; or 

‘‘(bb)(AA) is in close proximity to a United 

States military installation or another facility or 


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property of the United States Government that 

is sensitive for reasons relating to national security; 

‘‘(BB) could reasonably provide the foreign person the ability to collect intelligence on activities 

being conducted at such an installation, facility, 

or property; or 

‘‘(CC) could otherwise expose national security 

activities at such an installation, facility, or property to the risk of foreign surveillance; and 

‘‘(III) meets such other criteria as the Committee prescribes by regulation, except that such 

criteria may not expand the categories of real 

estate to which this clause applies beyond the 

categories described in subclause (II). 

‘‘(iii) Any other investment, subject to regulations 

prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business 

that— 

‘‘(I) owns, operates, manufactures, supplies, or 

services critical infrastructure; 

‘‘(II) produces, designs, tests, manufactures, 

fabricates, or develops one or more critical technologies; or 

‘‘(III) maintains or collects sensitive personal 

data of United States citizens that may be 

exploited in a manner that threatens national 

security. 

‘‘(iv) Any change in the rights that a foreign person 

has with respect to a United States business in which 

the foreign person has an investment, if that change 

could result in— 

‘‘(I) foreign control of the United States business; or 

‘‘(II) an investment described in clause (iii). 

‘‘(v) Any other transaction, transfer, agreement, 

or arrangement, the structure of which is designed 

or intended to evade or circumvent the application 

of this section, subject to regulations prescribed by 

the Committee. 

‘‘(C) REAL ESTATE TRANSACTIONS.— 

‘‘(i) EXCEPTION FOR CERTAIN REAL ESTATE TRANSACTIONS.—A real estate purchase, lease, or concession 

described in subparagraph (B)(ii) does not include a 

purchase, lease, or concession of— 

‘‘(I) a single ‘housing unit’, as defined by the 

Census Bureau; or 

‘‘(II) real estate in ‘urbanized areas’, as defined 

by the Census Bureau in the most recent census, 

except as otherwise prescribed by the Committee 

in regulations in consultation with the Secretary 

of Defense. 

‘‘(ii) DEFINITION OF CLOSE PROXIMITY.—With 

respect to a real estate purchase, lease, or concession 

described in subparagraph (B)(ii)(II)(bb)(AA), the Committee shall prescribe regulations to ensure that the 


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term ‘close proximity’ refers only to a distance or distances within which the purchase, lease, or concession 

of real estate could pose a national security risk in 

connection with a United States military installation 

or another facility or property of the United States 

Government described in that subparagraph. 

‘‘(D) OTHER INVESTMENTS.— ‘‘(i) OTHER INVESTMENT DEFINED.—For purposes of 

subparagraph (B)(iii), the term ‘other investment’ 

means an investment, direct or indirect, by a foreign 

person in a United States business described in that 

subparagraph that is not an investment described in 

subparagraph (B)(i) and that affords the foreign person— 

‘‘(I) access to any material nonpublic technical 

information in the possession of the United States 

business; 

‘‘(II) membership or observer rights on the 

board of directors or equivalent governing body 

of the United States business or the right to nominate an individual to a position on the board of 

directors or equivalent governing body; or 

‘‘(III) any involvement, other than through 

voting of shares, in substantive decisionmaking 

of the United States business regarding— 

‘‘(aa) the use, development, acquisition, 

safekeeping, or release of sensitive personal 

data of United States citizens maintained or 

collected by the United States business; 

‘‘(bb) the use, development acquisition, or 

release of critical technologies; or 

‘‘(cc) the management, operation, manufacture, or supply of critical infrastructure. 

‘‘(ii) MATERIAL NONPUBLIC TECHNICAL INFORMATION

DEFINED.— 

‘‘(I) IN GENERAL.—For purposes of clause (i)(I), 

and subject to regulations prescribed by the Committee, the term ‘material nonpublic technical 

information’ means information that— 

‘‘(aa) provides knowledge, know-how, or 

understanding, not available in the public 

domain, of the design, location, or operation 

of critical infrastructure; or 

‘‘(bb) is not available in the public domain, 

and is necessary to design, fabricate, develop, 

test, produce, or manufacture critical technologies, including processes, techniques, or 

methods. 

‘‘(II) EXEMPTION FOR FINANCIAL INFORMATION.—Notwithstanding subclause (I), for purposes 

of this subparagraph, the term ‘material nonpublic 

technical information’ does not include financial 

information regarding the performance of a United 

States business. 

‘‘(iii) REGULATIONS.— ‘‘(I) IN GENERAL.—The Committee shall prescribe regulations providing guidance on the types 


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of transactions that the Committee considers to 

be ‘other investment’ for purposes of subparagraph 

(B)(iii). 

‘‘(II) UNITED STATES BUSINESSES THAT OWN, 

OPERATE, MANUFACTURE, SUPPLY, OR SERVICE CRITICAL INFRASTRUCTURE.—The regulations prescribed by the Committee with respect to an investment described in subparagraph (B)(iii)(I) shall— 

‘‘(aa) specify the critical infrastructure 

subject to that subparagraph based on criteria 

intended to limit application of that subparagraph to the subset of critical infrastructure 

that is likely to be of importance to the 

national security of the United States; and 

‘‘(bb) enumerate specific types and examples of such critical infrastructure. 

‘‘(iv) SPECIFIC CLARIFICATION FOR INVESTMENT

FUNDS.— 

‘‘(I) TREATMENT OF CERTAIN INVESTMENT FUND

INVESTMENTS.—Notwithstanding clause (i)(II) and 

subject to regulations prescribed by the Committee, an indirect investment by a foreign person 

in a United States business described in subparagraph (B)(iii) through an investment fund that 

affords the foreign person (or a designee of the 

foreign person) membership as a limited partner 

or equivalent on an advisory board or a committee 

of the fund shall not be considered an ‘other investment’ for purposes of subparagraph (B)(iii) if— 

‘‘(aa) the fund is managed exclusively by 

a general partner, a managing member, or 

an equivalent; 

‘‘(bb) the general partner, managing 

member, or equivalent is not a foreign person; 

‘‘(cc) the advisory board or committee does 

not have the ability to approve, disapprove, 

or otherwise control— 

‘‘(AA) investment decisions of the 

fund; or 

‘‘(BB) decisions made by the general 

partner, managing member, or equivalent 

related to entities in which the fund is 

invested; 

‘‘(dd) the foreign person does not otherwise 

have the ability to control the fund, including 

the authority— 

‘‘(AA) to approve, disapprove, or otherwise control investment decisions of the 

fund; 

‘‘(BB) to approve, disapprove, or otherwise control decisions made by the general 

partner, managing member, or equivalent 

related to entities in which the fund is 

invested; or 

‘‘(CC) to unilaterally dismiss, prevent 

the dismissal of, select, or determine the 


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compensation of the general partner, managing member, or equivalent; 

‘‘(ee) the foreign person does not have 

access to material nonpublic technical information as a result of its participation on the 

advisory board or committee; and 

‘‘(ff) the investment otherwise meets the 

requirements of this subparagraph. 

‘‘(II) TREATMENT OF CERTAIN WAIVERS.— 

‘‘(aa) IN GENERAL.—For the purposes of 

items (cc) and (dd) of subclause (I) and except 

as provided in item (bb), a waiver of a potential 

conflict of interest, a waiver of an allocation 

limitation, or a similar activity, applicable to 

a transaction pursuant to the terms of an 

agreement governing an investment fund shall 

not be considered to constitute control of 

investment decisions of the fund or decisions 

relating to entities in which the fund is 

invested. 

‘‘(bb) EXCEPTION.—The Committee may 

prescribe regulations providing for exceptions 

to item (aa) for extraordinary circumstances. 

‘‘(v) EXCEPTION FOR AIR CARRIERS.—For purposes 

of subparagraph (B)(iii), the term ‘other investment’ 

does not include an investment involving an air carrier, 

as defined in section 40102(a)(2) of title 49, United 

States Code, that holds a certificate issued under section 41102 of that title. 

‘‘(vi) RULE OF CONSTRUCTION.—Any definition of 

‘critical infrastructure’ established under any provision 

of law other than this section shall not be determinative for purposes of this section. 

‘‘(E) COUNTRY SPECIFICATION.—The Committee shall 

prescribe regulations that further define the term ‘foreign 

person’ for purposes of clauses (ii) and (iii) of subparagraph 

(B). In prescribing such regulations, the Committee shall 

specify criteria to limit the application of such clauses 

to the investments of certain categories of foreign persons. 

Such criteria shall take into consideration how a foreign 

person is connected to a foreign country or foreign government, and whether the connection may affect the national 

security of the United States. 

‘‘(F) TRANSFERS OF CERTAIN ASSETS PURSUANT TO BANKRUPTCY PROCEEDINGS OR OTHER DEFAULTS.—The Committee shall prescribe regulations to clarify that the term 

‘covered transaction’ includes any transaction described in 

subparagraph (B) that arises pursuant to a bankruptcy 

proceeding or other form of default on debt. 

‘‘(5) CRITICAL INFRASTRUCTURE.—The term ‘critical infrastructure’ means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so 

vital to the United States that the incapacity or destruction 

of such systems or assets would have a debilitating impact 

on national security. 

‘‘(6) CRITICAL TECHNOLOGIES.— 


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‘‘(A) IN GENERAL.—The term ‘critical technologies’ 

means the following: 

‘‘(i) Defense articles or defense services included 

on the United States Munitions List set forth in the 

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal 

Regulations. 

‘‘(ii) Items included on the Commerce Control List 

set forth in Supplement No. 1 to part 774 of the Export 

Administration Regulations under subchapter C of 

chapter VII of title 15, Code of Federal Regulations, 

and controlled— 

‘‘(I) pursuant to multilateral regimes, 

including for reasons relating to national security, 

chemical and biological weapons proliferation, 

nuclear nonproliferation, or missile technology; or 

‘‘(II) for reasons relating to regional stability 

or surreptitious listening. 

‘‘(iii) Specially designed and prepared nuclear 

equipment, parts and components, materials, software, 

and technology covered by part 810 of title 10, Code 

of Federal Regulations (relating to assistance to foreign 

atomic energy activities). 

‘‘(iv) Nuclear facilities, equipment, and material 

covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material). 

‘‘(v) Select agents and toxins covered by part 331 

of title 7, Code of Federal Regulations, part 121 of 

title 9 of such Code, or part 73 of title 42 of such 

Code. 

‘‘(vi) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control 

Reform Act of 2018. 

‘‘(B) RECOMMENDATIONS.— ‘‘(i) IN GENERAL.—The chairperson may recommend 

technologies for identification under the interagency 

process set forth in section 1758(a) of the Export Control Reform Act of 2018. 

‘‘(ii) MATTERS INFORMING RECOMMENDATIONS.— 

Recommendations by the chairperson under clause (i) 

shall draw upon information arising from reviews and 

investigations conducted under subsection (b), notices 

submitted under subsection (b)(1)(C)(i), declarations 

filed under subsection (b)(1)(C)(v), and non-notified and 

non-declared transactions identified under subsection 

(b)(1)(H). 

‘‘(7) FOREIGN GOVERNMENT-CONTROLLED TRANSACTION.— 

The term ‘foreign government-controlled transaction’ means any 

covered transaction that could result in the control of any 

United States business by a foreign government or an entity 

controlled by or acting on behalf of a foreign government. 

‘‘(8) INTELLIGENCE COMMUNITY.—The term ‘intelligence 

community’ has the meaning given that term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 

‘‘(9) INVESTMENT.—The term ‘investment’ means the 

acquisition of equity interest, including contingent equity 


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interest, as further defined in regulations prescribed by the 

Committee. 

‘‘(10) LEAD AGENCY.—The term ‘lead agency’ means the 

agency or agencies designated as the lead agency or agencies 

pursuant to subsection (k)(5). 

‘‘(11) PARTY.—The term ‘party’ has the meaning given that 

term in regulations prescribed by the Committee. 

‘‘(12) UNITED STATES.—The term ‘United States’ means the 

several States, the District of Columbia, and any territory 

or possession of the United States. 

‘‘(13) UNITED STATES BUSINESS.—The term ‘United States 

business’ means a person engaged in interstate commerce in 

the United States.’’. 

SEC. 1704. ACCEPTANCE OF WRITTEN NOTICES. 

Section 721(b)(1)(C)(i) of the Defense Production Act of 1950 

(50 U.S.C. 4565(b)(1)(C)(i)) is amended— 

(1) by striking ‘‘Any party’’ and inserting the following: 

‘‘(I) IN GENERAL.—Any party’’; and 

(2) by adding at the end the following: 

‘‘(II) COMMENTS AND ACCEPTANCE.— 

‘‘(aa) IN GENERAL.—Subject to item (cc), 

the Committee shall provide comments on a 

draft or formal written notice or accept a 

formal written notice submitted under subclause (I) with respect to a covered transaction 

not later than the date that is 10 business 

days after the date of submission of the draft 

or formal written notice. 

‘‘(bb) COMPLETENESS.—If the Committee 

determines that a draft or formal written 

notice described in item (aa) is not complete, 

the Committee shall notify the party or parties 

to the transaction in writing that the notice 

is not complete and provide an explanation 

of all material respects in which the notice 

is incomplete. 

‘‘(cc) STIPULATIONS REQUIRED.—The 

timing requirement under item (aa) shall 

apply only in a case in which the parties stipulate under clause (vi) that the transaction is 

a covered transaction.’’. 

SEC. 1705. INCLUSION OF PARTNERSHIP AND SIDE AGREEMENTS IN 

NOTICE. 

Section 721(b)(1)(C) of the Defense Production Act of 1950 

(50 U.S.C. 4565(b)(1)(C)) is amended by adding at the end the 

following: 

‘‘(iv) INCLUSION OF PARTNERSHIP AND SIDE AGREEMENTS.—The Committee may require a written notice 

submitted under clause (i) to include a copy of any 

partnership agreements, integration agreements, or 

other side agreements relating to the transaction, as 

specified in regulations prescribed by the Committee.’’. 


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SEC. 1706. DECLARATIONS FOR CERTAIN COVERED TRANSACTIONS. 

Section 721(b)(1)(C) of the Defense Production Act of 1950 

(50 U.S.C. 4565(b)(1)(C)), as amended by section 1705, is further 

amended by adding at the end the following: 

‘‘(v) DECLARATIONS FOR CERTAIN COVERED TRANSACTIONS.— 

‘‘(I) IN GENERAL.—A party to any covered 

transaction may submit to the Committee a declaration with basic information regarding the 

transaction instead of a written notice under 

clause (i). 

‘‘(II) REGULATIONS.—The Committee shall prescribe regulations establishing requirements for 

declarations submitted under this clause. In prescribing such regulations, the Committee shall 

ensure that such declarations are submitted as 

abbreviated notifications that would not generally 

exceed 5 pages in length. 

‘‘(III) COMMITTEE RESPONSE TO DECLARATION.— 

‘‘(aa) IN GENERAL.—Upon receiving a declaration under this clause with respect to a 

covered transaction, the Committee may, at 

the discretion of the Committee— 

‘‘(AA) request that the parties to the 

transaction file a written notice under 

clause (i); 

‘‘(BB) inform the parties to the transaction that the Committee is not able to 

complete action under this section with 

respect to the transaction on the basis 

of the declaration and that the parties 

may file a written notice under clause (i) 

to seek written notification from the Committee that the Committee has completed 

all action under this section with respect 

to the transaction; 

‘‘(CC) initiate a unilateral review of 

the transaction under subparagraph (D); 

or 

‘‘(DD) notify the parties in writing 

that the Committee has completed all 

action under this section with respect to 

the transaction. 

‘‘(bb) TIMING.—The Committee shall take 

action under item (aa) not later than 30 days 

after receiving a declaration under this clause. 

‘‘(cc) RULE OF CONSTRUCTION.—Nothing in 

this subclause (other than item (aa)(CC)) shall 

be construed to affect the authority of the 

President or the Committee to take any action 

authorized by this section with respect to a 

covered transaction. 

‘‘(IV) MANDATORY DECLARATIONS.— 

‘‘(aa) REGULATIONS.—The Committee shall 

prescribe regulations specifying the types of 


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covered transactions for which the Committee 

requires a declaration under this subclause. 

‘‘(bb) CERTAIN COVERED TRANSACTIONS

WITH FOREIGN GOVERNMENT INTERESTS.— 

‘‘(AA) IN GENERAL.—Except as provided in subitem (BB), the parties to a 

covered transaction shall submit a declaration described in subclause (I) with 

respect to the transaction if the transaction involves an investment that results 

in the acquisition, directly or indirectly, 

of a substantial interest in a United States 

business described in subsection 

(a)(4)(B)(iii) by a foreign person in which 

a foreign government has, directly or 

indirectly, a substantial interest. 

‘‘(BB) SUBSTANTIAL INTEREST

DEFINED.—In this item, the term ‘substantial interest’ has the meaning given that 

term in regulations which the Committee 

shall prescribe. In developing those regulations, the Committee shall consider the 

means by which a foreign government 

could influence the actions of a foreign 

person, including through board membership, ownership interest, or shareholder 

rights. An interest that is excluded under 

subparagraph (D) of subsection (a)(4) from 

the term ‘other investment’ as used in 

subparagraph (B)(iii) of that subsection or 

that is less than a 10 percent voting 

interest shall not be considered a substantial interest. 

‘‘(CC) WAIVER.—The Committee may 

waive, with respect to a foreign person, 

the requirement under subitem (AA) for 

the submission of a declaration described 

in subclause (I) if the Committee determines that the foreign person demonstrates that the investments of the foreign person are not directed by a foreign 

government and the foreign person has 

a history of cooperation with the Committee. 

‘‘(cc) OTHER DECLARATIONS REQUIRED BY

COMMITTEE.—The Committee may require the 

submission of a declaration described in subclause (I) with respect to any covered transaction identified under regulations prescribed 

by the Committee for purposes of this item, 

at the discretion of the Committee, that 

involves a United States business described 

in subsection (a)(4)(B)(iii)(II). 

‘‘(dd) EXCEPTION.—The submission of a 

declaration described in subclause (I) shall not 

be required pursuant to this subclause with 


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respect to an investment by an investment 

fund if— 

‘‘(AA) the fund is managed exclusively 

by a general partner, a managing member, 

or an equivalent; 

‘‘(BB) the general partner, managing 

member, or equivalent is not a foreign 

person; and 

‘‘(CC) the investment fund satisfies, 

with respect to any foreign person with 

membership as a limited partner on an 

advisory board or a committee of the fund, 

the criteria specified in items (cc) and (dd) 

of subsection (a)(4)(D)(iv). 

‘‘(ee) SUBMISSION OF WRITTEN NOTICE AS

AN ALTERNATIVE.—Parties to a covered transaction for which a declaration is required 

under this subclause may instead elect to 

submit a written notice under clause (i). 

‘‘(ff) TIMING AND REFILING OF SUBMISSION.— 

‘‘(AA) IN GENERAL.—In the regulations prescribed under item (aa), the Committee may not require a declaration to 

be submitted under this subclause with 

respect to a covered transaction more than 

45 days before the completion of the transaction. 

‘‘(BB) REFILING OF DECLARATION.— 

The Committee may not request or recommend that a declaration submitted 

under this subclause be withdrawn and 

refiled, except to permit parties to a covered transaction to correct material errors 

or omissions in the declaration submitted 

with respect to that transaction. 

‘‘(gg) PENALTIES.—The Committee may 

impose a penalty pursuant to subsection (h)(3) 

with respect to a party that fails to comply 

with this subclause.’’. 

SEC. 1707. STIPULATIONS REGARDING TRANSACTIONS. 

Section 721(b)(1)(C) of the Defense Production Act of 1950 

(50 U.S.C. 4565(b)(1)(C)), as amended by section 1706, is further 

amended by adding at the end the following: 

‘‘(vi) STIPULATIONS REGARDING TRANSACTIONS.— 

‘‘(I) IN GENERAL.—In a written notice submitted under clause (i) or a declaration submitted 

under clause (v) with respect to a transaction, 

a party to the transaction may— 

‘‘(aa) stipulate that the transaction is a 

covered transaction; and 

‘‘(bb) if the party stipulates that the transaction is a covered transaction under item (aa), 

stipulate that the transaction is a foreign 

government-controlled transaction. 


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‘‘(II) BASIS FOR STIPULATION.—A written notice 

submitted under clause (i) or a declaration submitted under clause (v) that includes a stipulation 

under subclause (I) shall include a description of 

the basis for the stipulation.’’. 

SEC. 1708. AUTHORITY FOR UNILATERAL INITIATION OF REVIEWS. 

Section 721(b)(1) of the Defense Production Act of 1950 (50 

U.S.C. 4565(b)(1)) is amended— 

(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; 

(2) in subparagraph (D)— 

(A) in the matter preceding clause (i), by striking 

‘‘subparagraph (F)’’ and inserting ‘‘subparagraph (G)’’; 

(B) in clause (i), by inserting ‘‘(other than a covered 

transaction described in subparagraph (E))’’ after ‘‘any covered transaction’’; 

(C) by striking clause (ii) and inserting the following: 

‘‘(ii) any covered transaction described in subparagraph (E), if any party to the transaction submitted 

false or misleading material information to the Committee in connection with the Committee’s consideration of the transaction or omitted material information, including material documents, from information 

submitted to the Committee; or’’; and 

(D) in clause (iii)— 

(i) in the matter preceding subclause (I), by 

striking ‘‘any covered transaction that has previously 

been reviewed or investigated under this section,’’ and 

inserting ‘‘any covered transaction described in 

subparagraph (E),’’; 

(ii) in subclause (I), by striking ‘‘intentionally’’; 

(iii) in subclause (II), by striking ‘‘an intentional’’ 

and inserting ‘‘a’’; and 

(iv) in subclause (III), by inserting ‘‘adequate and 

appropriate’’ before ‘‘remedies or enforcement tools’’; 

and 

(3) by inserting after subparagraph (D) the following: 

‘‘(E) COVERED TRANSACTIONS DESCRIBED.—A covered 

transaction is described in this subparagraph if— 

‘‘(i) the Committee has informed the parties to 

the transaction in writing that the Committee has 

completed all action under this section with respect 

to the transaction; or 

‘‘(ii) the President has announced a decision not 

to exercise the President’s authority under subsection 

(d) with respect to the transaction.’’. 

SEC. 1709. TIMING FOR REVIEWS AND INVESTIGATIONS. 

Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. 

4565(b)), as amended by section 1708, is further amended— 

(1) in paragraph (1)(F), by striking ‘‘30’’ and inserting ‘‘45’’; 

(2) in paragraph (2), by striking subparagraph (C) and 

inserting the following: 

‘‘(C) TIMING.— ‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), any investigation under subparagraph (A) shall 


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be completed before the end of the 45-day period beginning on the date on which the investigation commenced. 

‘‘(ii) EXTENSION FOR EXTRAORDINARY CIR- CUMSTANCES.— ‘‘(I) IN GENERAL.—In extraordinary circumstances (as defined by the Committee in regulations), the chairperson may, at the request of 

the head of the lead agency, extend an investigation under subparagraph (A) for one 15-day period. 

‘‘(II) NONDELEGATION.—The authority of the 

chairperson and the head of the lead agency 

referred to in subclause (I) may not be delegated 

to any person other than the Deputy Secretary 

of the Treasury or the deputy head (or equivalent 

thereof) of the lead agency, as the case may be. 

‘‘(III) NOTIFICATION TO PARTIES.—If the Committee extends the deadline under subclause (I) 

with respect to a covered transaction, the Committee shall notify the parties to the transaction 

of the extension.’’; and 

(3) by adding at the end the following: 

‘‘(8) TOLLING OF DEADLINES DURING LAPSE IN APPROPRIATIONS.—Any deadline or time limitation under this subsection 

shall be tolled during a lapse in appropriations.’’. 

SEC. 1710. IDENTIFICATION OF NON-NOTIFIED AND NON-DECLARED 

TRANSACTIONS. 

Section 721(b)(1) of the Defense Production Act of 1950 (50 

U.S.C. 4565(b)(1)), as amended by sections 1708 and 1709, is further 

amended by adding at the end the following: 

‘‘(H) IDENTIFICATION OF NON-NOTIFIED AND NONDECLARED TRANSACTIONS.—The Committee shall establish 

a process to identify covered transactions for which— 

‘‘(i) a notice under clause (i) of subparagraph (C) 

or a declaration under clause (v) of that subparagraph 

is not submitted to the Committee; and 

‘‘(ii) information is reasonably available.’’. 

SEC. 1711. SUBMISSION OF CERTIFICATIONS TO CONGRESS. 

Section 721(b)(3)(C) of the Defense Production Act of 1950 

(50 U.S.C. 4565(b)(3)(C)) is amended— 

(1) in clause (i), by striking subclause (II) and inserting 

the following: 

‘‘(II) a certification that all relevant national 

security factors have received full consideration.’’; 

(2) in clause (iv), by striking subclause (II) and inserting 

the following: 

‘‘(II) DELEGATION OF CERTIFICATIONS.— 

‘‘(aa) IN GENERAL.—Subject to item (bb), 

the chairperson, in consultation with the Committee, may determine the level of official to 

whom the signature requirement under subclause (I) for the chairperson and the head 

of the lead agency may be delegated. The level 

of official to whom the signature requirement 

may be delegated may differ based on any 


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factor relating to a transaction that the chairperson, in consultation with the Committee, 

deems appropriate, including the type or value 

of the transaction. 

‘‘(bb) LIMITATION ON DELEGATION WITH

RESPECT TO CERTAIN TRANSACTIONS.—The signature requirement under subclause (I) may 

be delegated not below the level of the Assistant Secretary of the Treasury or an equivalent 

official of the lead agency.’’; and 

(3) by adding at the end the following: 

‘‘(v) AUTHORITY TO CONSOLIDATE DOCUMENTS.— Instead of transmitting a separate certified notice or 

certified report under subparagraph (A) or (B) with 

respect to each covered transaction, the Committee 

may, on a monthly basis, transmit such notices and 

reports in a consolidated document to the Members 

of Congress specified in clause (iii).’’. 

SEC. 1712. ANALYSIS BY DIRECTOR OF NATIONAL INTELLIGENCE. 

Section 721(b)(4) of the Defense Production Act of 1950 (50 

U.S.C. 4565(b)(4)) is amended— 

(1) by striking subparagraph (A) and inserting the following: 

‘‘(A) ANALYSIS REQUIRED.— 

‘‘(i) IN GENERAL.—Except as provided in subparagraph (B), the Director of National Intelligence shall 

expeditiously carry out a thorough analysis of any 

threat to the national security of the United States 

posed by any covered transaction, which shall include 

the identification of any recognized gaps in the collection of intelligence relevant to the analysis. 

‘‘(ii) VIEWS OF INTELLIGENCE COMMUNITY.—The 

Director shall seek and incorporate into the analysis 

required by clause (i) the views of all affected or appropriate agencies of the intelligence community with 

respect to the transaction. 

‘‘(iii) UPDATES.—At the request of the lead agency, 

the Director shall update the analysis conducted under 

clause (i) with respect to a covered transaction with 

respect to which an agreement was entered into under 

subsection (l)(3)(A). 

‘‘(iv) INDEPENDENCE AND OBJECTIVITY.—The Committee shall ensure that its processes under this section 

preserve the ability of the Director to conduct analysis 

under clause (i) that is independent, objective, and 

consistent with all applicable directives, policies, and 

analytic tradecraft standards of the intelligence 

community.’’; 

(2) by redesignating subparagraphs (B), (C), and (D) as 

subparagraphs (C), (D), and (E), respectively; 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) BASIC THREAT INFORMATION.— 

‘‘(i) IN GENERAL.—The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of 

the United States posed by a covered transaction 


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described in clause (ii) instead of conducting the analysis required by subparagraph (A). 

‘‘(ii) COVERED TRANSACTION DESCRIBED.—A covered 

transaction is described in this clause if— 

‘‘(I) the transaction is described in subsection 

(a)(4)(B)(ii); 

‘‘(II) the Director of National Intelligence has 

completed an analysis pursuant to subparagraph 

(A) involving each foreign person that is a party 

to the transaction during the 12 months preceding 

the review or investigation of the transaction 

under this section; or 

‘‘(III) the transaction otherwise meets criteria 

agreed upon by the Committee and the Director 

for purposes of this subparagraph.’’; 

(4) in subparagraph (C), as redesignated by paragraph 

(2), by striking ‘‘20’’ and inserting ‘‘30’’; and 

(5) by adding at the end the following: 

‘‘(F) ASSESSMENT OF OPERATIONAL IMPACT.—The 

Director may provide to the Committee an assessment, 

separate from the analyses under subparagraphs (A) and 

(B), of any operational impact of a covered transaction 

on the intelligence community and a description of any 

actions that have been or will be taken to mitigate any 

such impact. 

‘‘(G) SUBMISSION TO CONGRESS.—The Committee shall 

submit the analysis required by subparagraph (A) with 

respect to a covered transaction to the Select Committee 

on Intelligence of the Senate and the Permanent Select 

Committee on Intelligence of the House of Representatives 

upon the conclusion of action under this section (other 

than compliance plans under subsection (l)(6)) with respect 

to the transaction.’’. 

SEC. 1713. INFORMATION SHARING. 

Section 721(c) of the Defense Production Act of 1950 (50 U.S.C. 

4565(c)) is amended— 

(1) by striking ‘‘Any information’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

any information’’; 

(2) by striking ‘‘, except as may be relevant’’ and all that 

follows and inserting a period; and 

(3) by adding at the end the following: 

‘‘(2) EXCEPTIONS.—Paragraph (1) shall not prohibit the 

disclosure of the following: 

‘‘(A) Information relevant to any administrative or 

judicial action or proceeding. 

‘‘(B) Information to Congress or any duly authorized 

committee or subcommittee of Congress. 

‘‘(C) Information important to the national security 

analysis or actions of the Committee to any domestic 

governmental entity, or to any foreign governmental entity 

of a United States ally or partner, under the exclusive 

direction and authorization of the chairperson, only to the 

extent necessary for national security purposes, and subject 


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to appropriate confidentiality and classification requirements. 

‘‘(D) Information that the parties have consented to 

be disclosed to third parties. 

‘‘(3) COOPERATION WITH ALLIES AND PARTNERS.— ‘‘(A) IN GENERAL.—The chairperson, in consultation 

with other members of the Committee, should establish 

a formal process for the exchange of information under 

paragraph (2)(C) with governments of countries that are 

allies or partners of the United States, in the discretion 

of the chairperson, to protect the national security of the 

United States and those countries. 

‘‘(B) REQUIREMENTS.—The process established under 

subparagraph (A) should, in the discretion of the chairperson— 

‘‘(i) be designed to facilitate the harmonization of 

action with respect to trends in investment and technology that could pose risks to the national security 

of the United States and countries that are allies or 

partners of the United States; 

‘‘(ii) provide for the sharing of information with 

respect to specific technologies and entities acquiring 

such technologies as appropriate to ensure national 

security; and 

‘‘(iii) include consultations and meetings with representatives of the governments of such countries on 

a recurring basis.’’. 

SEC. 1714. ACTION BY THE PRESIDENT. 

Section 721(d)(2) of the Defense Production Act of 1950 (50 

U.S.C. 4565(d)(2)) is amended by striking ‘‘not later than 15 days’’ 

and all that follows and inserting the following: ‘‘with respect to 

a covered transaction not later than 15 days after the earlier 

of— 

‘‘(A) the date on which the investigation of the transaction under subsection (b) is completed; or 

‘‘(B) the date on which the Committee otherwise refers 

the transaction to the President under subsection (l)(2).’’. 

SEC. 1715. JUDICIAL REVIEW. 

Section 721(e) of the Defense Production Act of 1950 (50 U.S.C. 

4565(e)) is amended— 

(1) by striking ‘‘The actions’’ and inserting the following: 

‘‘(1) IN GENERAL.—The actions’’; and 

(2) by adding at the end the following: 

‘‘(2) CIVIL ACTIONS.—A civil action challenging an action 

or finding under this section may be brought only in the United 

States Court of Appeals for the District of Columbia Circuit. 

‘‘(3) PROCEDURES FOR REVIEW OF PRIVILEGED INFORMATION.—If a civil action challenging an action or finding under 

this section is brought, and the court determines that protected 

information in the administrative record, including classified 

or other information subject to privilege or protections under 

any provision of law, is necessary to resolve the challenge, 

that information shall be submitted ex parte and in camera 

to the court and the court shall maintain that information 

under seal. 


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‘‘(4) APPLICABILITY OF USE OF INFORMATION PROVISIONS.— The use of information provisions of sections 106, 305, 405, 

and 706 of the Foreign Intelligence Surveillance Act of 1978 

(50 U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in 

a civil action brought under this subsection.’’. 

SEC. 1716. CONSIDERATIONS FOR REGULATIONS. 

Section 721(h) of the Defense Production Act of 1950 (50 U.S.C. 

4565(h)) is amended— 

(1) by striking paragraph (2); 

(2) by redesignating paragraph (3) as paragraph (2); and 

(3) in paragraph (2), as redesignated— 

(A) in subparagraph (A), by striking ‘‘including any 

mitigation’’ and all that follows through ‘‘subsection (l)’’ 

and inserting ‘‘including any mitigation agreement entered 

into, conditions imposed, or order issued pursuant to this 

section’’; 

(B) in subparagraph (B)(ii), by striking ‘‘and’’ at the 

end; 

(C) in subparagraph (C), by striking the period at 

the end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(D) provide that, in any review or investigation of 

a covered transaction conducted by the Committee under 

subsection (b), the Committee should— 

‘‘(i) consider the factors specified in subsection (f); 

and 

‘‘(ii) as appropriate, require parties to provide to 

the Committee the information necessary to consider 

such factors.’’. 

SEC. 1717. MEMBERSHIP AND STAFF OF COMMITTEE. 

(a) HIRING AUTHORITY.—Section 721(k) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)) is amended by striking paragraph (4) and inserting the following: 

‘‘(4) HIRING AUTHORITY.— ‘‘(A) SENIOR OFFICIALS.— ‘‘(i) IN GENERAL.—Each member of the Committee 

shall designate an Assistant Secretary, or an equivalent official, who is appointed by the President, by 

and with the advice and consent of the Senate, to 

carry out such duties related to the Committee as 

the member of the Committee may delegate. 

‘‘(ii) DEPARTMENT OF THE TREASURY.— ‘‘(I) IN GENERAL.—There shall be established 

in the Office of International Affairs at the Department of the Treasury 2 additional positions of 

Assistant Secretary of the Treasury, who shall be 

appointed by the President, by and with the advice 

and consent of the Senate, to carry out such duties 

related to the Committee as the Secretary of the 

Treasury may delegate, consistent with this section. 

‘‘(II) ASSISTANT SECRETARY FOR INVESTMENT

SECURITY.—One of the positions of Assistant Secretary of the Treasury authorized under subclause 

(I) shall be the Assistant Secretary for Investment 

Security, whose duties shall be principally related 


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to the Committee, as delegated by the Secretary 

of the Treasury under this section. 

‘‘(B) SPECIAL HIRING AUTHORITY.—The heads of the 

departments and agencies represented on the Committee 

may appoint, without regard to the provisions of sections 

3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service (as 

defined in section 2102 of that title) in their respective 

departments and agencies. The primary responsibility of 

positions authorized under the preceding sentence shall 

be to administer this section.’’. 

(b) PROCEDURES FOR RECUSAL OF MEMBERS OF COMMITTEE

FOR CONFLICTS OF INTEREST.—Not later than 90 days after the 

date of the enactment of this Act, the Committee on Foreign Investment in the United States shall— 

(1) establish procedures for the recusal of any member 

of the Committee that has a conflict of interest with respect 

to a covered transaction (as defined in section 721(a) of the 

Defense Production Act of 1950, as amended by section 1703); 

(2) submit to the Committee on Banking, Housing, and 

Urban Affairs of the Senate and the Committee on Financial 

Services of the House of Representatives a report describing 

those procedures; and 

(3) brief the committees specified in paragraph (1) on the 

report required by paragraph (2). 

SEC. 1718. ACTIONS BY THE COMMITTEE TO ADDRESS NATIONAL SECURITY RISKS. 

Section 721(l) of the Defense Production Act of 1950 (50 U.S.C. 

4565(l)) is amended— 

(1) in the subsection heading, by striking ‘‘MITIGATION, 

TRACKING, AND POSTCONSUMMATION MONITORING AND

ENFORCEMENT’’ and inserting ‘‘ACTIONS BY THE COMMITTEE TO

ADDRESS NATIONAL SECURITY RISKS’’; 

(2) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively; 

(3) by inserting before paragraph (3), as redesignated by 

paragraph (2), the following: 

‘‘(1) SUSPENSION OF TRANSACTIONS.—The Committee, acting 

through the chairperson, may suspend a proposed or pending 

covered transaction that may pose a risk to the national security 

of the United States for such time as the covered transaction 

is under review or investigation under subsection (b). 

‘‘(2) REFERRAL TO PRESIDENT.—The Committee may, at any 

time during the review or investigation of a covered transaction 

under subsection (b), complete the action of the Committee 

with respect to the transaction and refer the transaction to 

the President for action pursuant to subsection (d).’’; 

(4) in paragraph (3), as redesignated by paragraph (2)— 

(A) in subparagraph (A)— 

(i) in the subparagraph heading, by striking ‘‘IN

GENERAL’’ and inserting ‘‘AGREEMENTS AND CONDITIONS’’; 

(ii) by striking ‘‘The Committee’’ and inserting the 

following: 

‘‘(i) IN GENERAL.—The Committee’’; 

(iii) by striking ‘‘threat’’ and inserting ‘‘risk’’; and 

50 USC 4565 

note. 


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(iv) by adding at the end the following: 

‘‘(ii) ABANDONMENT OF TRANSACTIONS.—If a party 

to a covered transaction has voluntarily chosen to 

abandon the transaction, the Committee or lead 

agency, as the case may be, may negotiate, enter into 

or impose, and enforce any agreement or condition 

with any party to the covered transaction for purposes 

of effectuating such abandonment and mitigating any 

risk to the national security of the United States that 

arises as a result of the covered transaction. 

‘‘(iii) AGREEMENTS AND CONDITIONS RELATING TO

COMPLETED TRANSACTIONS.—The Committee or lead 

agency, as the case may be, may negotiate, enter into 

or impose, and enforce any agreement or condition 

with any party to a completed covered transaction 

in order to mitigate any interim risk to the national 

security of the United States that may arise as a 

result of the covered transaction until such time that 

the Committee has completed action pursuant to subsection (b) or the President has taken action pursuant 

to subsection (d) with respect to the transaction.’’; and 

(B) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) TREATMENT OF OUTDATED AGREEMENTS OR CONDITIONS.—The chairperson and the head of the lead agency 

shall periodically review the appropriateness of an agreement or condition imposed under subparagraph (A) and 

terminate, phase out, or otherwise amend the agreement 

or condition if a threat no longer requires mitigation 

through the agreement or condition. 

‘‘(C) LIMITATIONS.—An agreement may not be entered 

into or condition imposed under subparagraph (A) with 

respect to a covered transaction unless the Committee 

determines that the agreement or condition resolves the 

national security concerns posed by the transaction, taking 

into consideration whether the agreement or condition is 

reasonably calculated to— 

‘‘(i) be effective; 

‘‘(ii) allow for compliance with the terms of the 

agreement or condition in an appropriately verifiable 

way; and 

‘‘(iii) enable effective monitoring of compliance with 

and enforcement of the terms of the agreement or 

condition. 

‘‘(D) JURISDICTION.—The provisions of section 706(b) 

shall apply to any mitigation agreement entered into or 

condition imposed under subparagraph (A).’’; 

(5) by inserting after paragraph (3), as redesignated by 

paragraph (2), the following: 

‘‘(4) RISK-BASED ANALYSIS REQUIRED.— 

‘‘(A) IN GENERAL.—Any determination of the Committee 

to suspend a covered transaction under paragraph (1), to 

refer a covered transaction to the President under paragraph (2), or to negotiate, enter into or impose, or enforce 

any agreement or condition under paragraph (3)(A) with 

respect to a covered transaction, shall be based on a riskbased analysis, conducted by the Committee, of the effects 


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on the national security of the United States of the covered 

transaction, which shall include an assessment of the 

threat, vulnerabilities, and consequences to national security related to the transaction. 

‘‘(B) ACTIONS OF MEMBERS OF THE COMMITTEE.— 

‘‘(i) IN GENERAL.—Any member of the Committee 

who concludes that a covered transaction poses an 

unresolved national security concern shall recommend 

to the Committee that the Committee suspend the 

transaction under paragraph (1), refer the transaction 

to the President under paragraph (2), or negotiate, 

enter into or impose, or enforce any agreement or 

condition under paragraph (3)(A) with respect to the 

transaction. In making that recommendation, the 

member shall propose or contribute to the risk-based 

analysis required by subparagraph (A). 

‘‘(ii) FAILURE TO REACH CONSENSUS.—If the Committee fails to reach consensus with respect to a recommendation under clause (i) regarding a covered 

transaction, the members of the Committee who support an alternative recommendation shall produce— 

‘‘(I) a written statement justifying the alternative recommendation; and 

‘‘(II) as appropriate, a risk-based analysis that 

supports the alternative recommendation. 

‘‘(C) DEFINITIONS.—For purposes of subparagraph (A), 

the terms ‘threat’, ‘vulnerabilities’, and ‘consequences to 

national security’ shall have the meanings given those 

terms by the Committee by regulation.’’; 

(6) in paragraph (5)(B), as redesignated by paragraph (2), 

by striking ‘‘(as defined in the National Security Act of 1947)’’; 

and 

(7) in paragraph (6), as redesignated by paragraph (2)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (3)’’; and 

(ii) by striking the second sentence and inserting 

the following: ‘‘The lead agency may, at its discretion, 

seek and receive the assistance of other departments 

or agencies in carrying out the purposes of this paragraph.’’; 

(B) in subparagraph (B)— 

(i) by striking ‘‘DESIGNATED AGENCY’’ and all that 

follows through ‘‘The lead agency in connection’’ and 

inserting ‘‘DESIGNATED AGENCY.—The lead agency in 

connection’’; 

(ii) by striking clause (ii); and 

(iii) by redesignating subclauses (I) and (II) as 

clauses (i) and (ii), respectively, and by moving such 

clauses, as so redesignated, 2 ems to the left; and 

(C) by adding at the end the following: 

‘‘(C) COMPLIANCE PLANS.— 

‘‘(i) IN GENERAL.—In the case of a covered transaction with respect to which an agreement is entered 

into under paragraph (3)(A), the Committee or lead 

agency, as the case may be, shall formulate, adhere 


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to, and keep updated a plan for monitoring compliance 

with the agreement. 

‘‘(ii) ELEMENTS.—Each plan required by clause (i) 

with respect to an agreement entered into under paragraph (3)(A) shall include an explanation of— 

‘‘(I) which member of the Committee will have 

primary responsibility for monitoring compliance 

with the agreement; 

‘‘(II) how compliance with the agreement will 

be monitored; 

‘‘(III) how frequently compliance reviews will 

be conducted; 

‘‘(IV) whether an independent entity will be 

utilized under subparagraph (E) to conduct compliance reviews; and 

‘‘(V) what actions will be taken if the parties 

fail to cooperate regarding monitoring compliance 

with the agreement. 

‘‘(D) EFFECT OF LACK OF COMPLIANCE.—If, at any time 

after a mitigation agreement or condition is entered into 

or imposed under paragraph (3)(A), the Committee or lead 

agency, as the case may be, determines that a party or 

parties to the agreement or condition are not in compliance 

with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority 

of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any 

covered transaction under subsection (b)(1)(D)(iii)— 

‘‘(i) negotiate a plan of action for the party or 

parties to remediate the lack of compliance, with 

failure to abide by the plan or otherwise remediate 

the lack of compliance serving as the basis for the 

Committee to find a material breach of the agreement 

or condition; 

‘‘(ii) require that the party or parties submit a 

written notice under clause (i) of subsection (b)(1)(C) 

or a declaration under clause (v) of that subsection 

with respect to a covered transaction initiated after 

the date of the determination of noncompliance and 

before the date that is 5 years after the date of the 

determination to the Committee to initiate a review 

of the transaction under subsection (b); or 

‘‘(iii) seek injunctive relief. 

‘‘(E) USE OF INDEPENDENT ENTITIES TO MONITOR

COMPLIANCE.—If the parties to an agreement entered into 

under paragraph (3)(A) enter into a contract with an independent entity from outside the United States Government 

for the purpose of monitoring compliance with the agreement, the Committee shall take such action as is necessary 

to prevent a conflict of interest from arising by ensuring 

that the independent entity owes no fiduciary duty to the 

parties. 

‘‘(F) SUCCESSORS AND ASSIGNS.—Any agreement or 

condition entered into or imposed under paragraph (3)(A) 

shall be considered binding on all successors and assigns 

unless and until the agreement or condition terminates 


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on its own terms or is otherwise terminated by the Committee in its sole discretion. 

‘‘(G) ADDITIONAL COMPLIANCE MEASURES.—Subject to 

subparagraphs (A) through (F), the Committee shall 

develop and agree upon methods for evaluating compliance 

with any agreement entered into or condition imposed with 

respect to a covered transaction that will allow the Committee to adequately ensure compliance without unnecessarily diverting Committee resources from assessing any 

new covered transaction for which a written notice under 

clause (i) of subsection (b)(1)(C) or declaration under clause 

(v) of that subsection has been filed, and if necessary, 

reaching a mitigation agreement with or imposing a condition on a party to such covered transaction or any covered 

transaction for which a review has been reopened for any 

reason.’’. 

SEC. 1719. MODIFICATION OF ANNUAL REPORT AND OTHER 

REPORTING REQUIREMENTS. 

(a) MODIFICATION OF ANNUAL REPORT.—Section 721(m) of the 

Defense Production Act of 1950 (50 U.S.C. 4565(m)) is amended— 

(1) in paragraph (2)— 

(A) by amending subparagraph (A) to read as follows: 

‘‘(A) A list of all notices filed and all reviews or investigations of covered transactions completed during the 

period, with— 

‘‘(i) a description of the outcome of each review 

or investigation, including whether an agreement was 

entered into or condition was imposed under subsection 

(l)(3)(A) with respect to the transaction being reviewed 

or investigated, and whether the President took any 

action under this section with respect to that transaction; 

‘‘(ii) basic information on each party to each such 

transaction; 

‘‘(iii) the nature of the business activities or products of the United States business with which the 

transaction was entered into or intended to be entered 

into; and 

‘‘(iv) information about any withdrawal from the 

process.’’; and 

(B) by adding at the end the following: 

‘‘(G) Statistics on compliance plans conducted and 

actions taken by the Committee under subsection (l)(6), 

including subparagraph (D) of that subsection, during that 

period, a general assessment of the compliance of parties 

with agreements entered into and conditions imposed under 

subsection (l)(3)(A) that are in effect during that period, 

including a description of any actions taken by the Committee to impose penalties or initiate a unilateral review 

pursuant to subsection (b)(1)(D)(iii), and any recommendations for improving the enforcement of such agreements 

and conditions. 

‘‘(H) Cumulative and, as appropriate, trend information 

on the number of declarations filed under subsection 

(b)(1)(C)(v), the actions taken by the Committee in response 

to those declarations, the business sectors involved in those 


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declarations, and the countries involved in those declarations. 

‘‘(I) A description of— 

‘‘(i) the methods used by the Committee to identify 

non-notified and non-declared transactions under subsection (b)(1)(H); 

‘‘(ii) potential methods to improve such identification and the resources required to do so; and 

‘‘(iii) the number of transactions identified through 

the process established under that subsection during 

the reporting period and the number of such transactions flagged for further review. 

‘‘(J) A summary of the hiring practices and policies 

of the Committee pursuant to subsection (k)(4). 

‘‘(K) A list of the waivers granted by the Committee 

under subsection (b)(1)(C)(v)(IV)(bb)(CC).’’; 

(2) in paragraph (3)— 

(A) by striking ‘‘CRITICAL TECHNOLOGIES’’ and all that 

follows through ‘‘In order to assist’’ and inserting ‘‘CRITICAL

TECHNOLOGIES.—In order to assist’’; 

(B) by striking subparagraph (B); 

(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the left; 

(D) in subparagraph (A), as redesignated by subparagraph (C), by striking ‘‘; and’’ and inserting a semicolon; 

(E) in subparagraph (B), as so redesignated, by striking 

the period and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(C) a description of the technologies recommended 

by the chairperson under subsection (a)(6)(B) for identification under the interagency process set forth in section 

1758(a) of the Export Control Reform Act of 2018.’’. 

(3) by adding at the end the following: 

‘‘(4) FORM OF REPORT.— 

‘‘(A) IN GENERAL.—All appropriate portions of the 

annual report under paragraph (1) may be classified. An 

unclassified version of the report, as appropriate, consistent 

with safeguarding national security and privacy, shall be 

made available to the public. 

‘‘(B) INCLUSION IN CLASSIFIED VERSION.—If the Committee recommends that the President suspend or prohibit 

a covered transaction because the transaction threatens 

to impair the national security of the United States, the 

Committee shall, in the classified version of the report 

required under paragraph (1), notify Congress of the recommendation and, upon request, provide a classified 

briefing on the recommendation. 

‘‘(C) INCLUSIONS IN UNCLASSIFIED VERSION.—The 

unclassified version of the report required under paragraph 

(1) shall include, with respect to covered transactions for 

the reporting period— 

‘‘(i) the number of notices submitted under subsection (b)(1)(C)(i); 


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‘‘(ii) the number of declarations submitted under 

subsection (b)(1)(C)(v) and the number of such declarations that were required under subclause (IV) of that 

subsection; 

‘‘(iii) the number of declarations submitted under 

subsection (b)(1)(C)(v) for which the Committee 

required resubmission as notices under subsection 

(b)(1)(C)(i); 

‘‘(iv) the average number of days that elapsed 

between submission of a declaration under subsection 

(b)(1)(C)(v) and the acceptance of the declaration by 

the Committee; 

‘‘(v) the median and average number of days that 

elapsed between acceptance of a declaration by the 

Committee and a response described in subsection 

(b)(1)(C)(v)(III); 

‘‘(vi) information on the time it took the Committee 

to provide comments on, or to accept, notices submitted 

under subsection (b)(1)(C)(i), including— 

‘‘(I) the average number of business days that 

elapsed between the date of submission of a draft 

notice and the date on which the Committee provided written comments on the draft notice; 

‘‘(II) the average number of business days that 

elapsed between the date of submission of a formal 

written notice and the date on which the Committee accepted or provided written comments on 

the formal written notice; and 

‘‘(III) if the average number of business days 

for a response by the Committee reported under 

subclause (I) or (II) exceeded 10 business days— 

‘‘(aa) an explanation of the causes of such 

delays, including whether such delays are 

caused by resource shortages, unusual fluctuations in the volume of notices, transaction 

characteristics, or other factors; and 

‘‘(bb) an explanation of the steps that the 

Committee anticipates taking to mitigate the 

causes of such delays and otherwise to improve 

the ability of the Committee to provide comments on, or to accept, notices within 10 business days; 

‘‘(vii) the number of reviews or investigations conducted under subsection (b); 

‘‘(viii) the number of investigations that were subject to an extension under subsection (b)(2)(C)(ii); 

‘‘(ix) information on the duration of those reviews 

and investigations, including the median and average 

number of days required to complete those reviews 

and investigations; 

‘‘(x) the number of notices submitted under subsection (b)(1)(C)(i) and declarations submitted under 

subsection (b)(1)(C)(v) that were rejected by the Committee; 

‘‘(xi) the number of such notices and declarations 

that were withdrawn by a party to the covered transaction; 


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‘‘(xii) the number of such withdrawals that were 

followed by the submission of a subsequent such notice 

or declaration relating to a substantially similar covered transaction; and 

‘‘(xiii) such other specific, cumulative, or trend 

information that the Committee determines is advisable to provide for an assessment of the time required 

for reviews and investigations of covered transactions 

under this section.’’. 

(b) REPORT ON CHINESE INVESTMENT.— 

(1) IN GENERAL.—Not later than 2 years after the date 

of the enactment of this Act, and every 2 years thereafter 

through 2026, the Secretary of Commerce shall submit to Congress and the Committee on Foreign Investment in the United 

States a report on foreign direct investment transactions made 

by entities of the People’s Republic of China in the United 

States. 

(2) ELEMENTS.—Each report required by paragraph (1) 

shall include the following: 

(A) Total foreign direct investment from the People’s 

Republic of China in the United States, including total 

foreign direct investment disaggregated by ultimate beneficial owner. 

(B) A breakdown of investments from the People’s 

Republic of China in the United States by value using 

the following categories: 

(i) Less than $50,000,000. 

(ii) Greater than or equal to $50,000,000 and less 

than $100,000,000. 

(iii) Greater than or equal to $100,000,000 and 

less than $1,000,000,000. 

(iv) Greater than or equal to $1,000,000,000 and 

less than $2,000,000,000. 

(v) Greater than or equal to $2,000,000,000 and 

less than $5,000,000,000. 

(vi) Greater than or equal to $5,000,000,000. 

(C) A breakdown of investments from the People’s 

Republic of China in the United States by 2-digit North 

American Industry Classification System code. 

(D) A breakdown of investments from the People’s 

Republic of China in the United States by investment 

type, using the following categories: 

(i) Businesses established. 

(ii) Businesses acquired. 

(E) A breakdown of investments from the People’s 

Republic of China in the United States by government 

and non-government investments, including volume, sector, 

and type of investment within each category. 

(F) A list of companies incorporated in the United 

States purchased through government investment by the 

People’s Republic of China. 

(G) The number of United States affiliates of entities 

under the jurisdiction of the People’s Republic of China, 

the total employees at those affiliates, and the valuation 

for any publicly traded United States affiliate of such an 

entity. 


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(H) An analysis of patterns in the investments 

described in subparagraphs (A) through (F), including in 

volume, type, and sector, and the extent to which those 

patterns of investments align with the objectives outlined 

by the Government of the People’s Republic of China in 

its Made in China 2025 plan, including a comparative 

analysis of investments from the People’s Republic of China 

in the United States and all foreign direct investment 

in the United States. 

(I) An identification of any limitations on the ability 

of the Secretary of Commerce to collect comprehensive 

information that is reasonably and lawfully available about 

foreign investment in the United States from the People’s 

Republic of China on a timeline necessary to complete 

reports every 2 years as required by paragraph (1), 

including— 

(i) an identification of any discrepancies between 

government and private sector estimates of investments from the People’s Republic of China in the 

United States; 

(ii) a description of the different methodologies 

or data collection methods, including by private sector 

entities, used to measure foreign investment that may 

result in different estimates; and 

(iii) recommendations for enhancing the ability of 

the Secretary of Commerce to improve data collection 

of information about foreign investment in the United 

States from the People’s Republic of China. 

(3) EXTENSION OF DEADLINE.—If, as a result of a limitation 

identified under paragraph (2)(I), the Secretary of Commerce 

determines that the Secretary will be unable to submit a report 

at the time required by paragraph (1), the Secretary may 

request additional time to complete the report. 

(c) REPORT ON CERTAIN RAIL INVESTMENTS BY STATE-OWNED

OR STATE-CONTROLLED ENTITIES.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Homeland Security shall, in coordination with the appropriate members of 

the Committee on Foreign Investment in the United States, 

submit to Congress a report assessing— 

(A) national security risks, if any, related to investments in the United States by state-owned or state-controlled entities in the manufacture or assembly of rolling 

stock or other assets for use in freight rail, public transportation rail systems, or intercity passenger rail systems; 

and 

(B) how the number and types of such investments 

could affect any such risks. 

(2) CONSULTATION.—The Secretary, in preparing the report 

required by paragraph (1), shall consult with the Secretary 

of Transportation and the head of any agency that is not 

represented on the Committee on Foreign Investment in the 

United States that has significant technical expertise related 

to the assessments required by that paragraph. 


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132 STAT. 2202 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1720. CERTIFICATION OF NOTICES AND INFORMATION. 

Section 721(n) of the Defense Production Act of 1950 (50 U.S.C. 

4565(n)) is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; 

(2) by striking ‘‘Each notice’’ and inserting the following: 

‘‘(1) IN GENERAL.—Each notice’’; 

(3) by striking ‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph 

(6)(B)’’; 

(4) by striking ‘‘paragraph (1)(A)’’ and inserting ‘‘paragraph 

(3)(A)’’; 

(5) by adding at the end the following: 

‘‘(2) EFFECT OF FAILURE TO SUBMIT.—The Committee may 

not complete a review under this section of a covered transaction and may recommend to the President that the President 

suspend or prohibit the transaction under subsection (d) if 

the Committee determines that a party to the transaction has— 

‘‘(A) failed to submit a statement required by paragraph (1); or 

‘‘(B) included false or misleading information in a 

notice or information described in paragraph (1) or omitted 

material information from such notice or information. 

‘‘(3) APPLICABILITY OF LAW ON FRAUD AND FALSE STATEMENTS.—The Committee shall prescribe regulations expressly 

providing for the application of section 1001 of title 18, United 

States Code, to all information provided to the Committee 

under this section by any party to a covered transaction.’’. 

SEC. 1721. IMPLEMENTATION PLANS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the chairperson of the Committee on 

Foreign Investment in the United States and the Secretary of 

Commerce shall, in consultation with the appropriate members 

of the Committee— 

(1) develop plans to implement this subtitle; and 

(2) submit to the appropriate congressional committees a 

report on the plans developed under paragraph (1), which shall 

include a description of— 

(A) the timeline and process to implement the provisions of, and amendments made by, this subtitle; 

(B) any additional staff necessary to implement the 

plans; and 

(C) the resources required to effectively implement the 

plans. 

(b) ANNUAL RESOURCE NEEDS OF CFIUS MEMBER AGENCIES.— 

Not later than one year after the submission of the report under 

subsection (a)(2), and annually thereafter for 7 years, each department or agency represented on the Committee on Foreign Investment in the United States shall submit to the appropriate congressional committees a detailed spending plan to expeditiously meet 

the requirements of section 721 of the Defense Production Act 

of 1950, as amended by this subtitle, including estimated expenditures and staffing levels for not less than the following fiscal year. 

(c) TESTIMONY.—Section 721 of the Defense Production Act 

of 1950 (50 U.S.C. 4565) is amended by adding at the end the 

following: 

50 USC 4565 

note. 


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‘‘(o) TESTIMONY.— 

‘‘(1) IN GENERAL.—Not later than March 31 of each year, 

the chairperson, or the designee of the chairperson, shall appear 

before the Committee on Financial Services of the House of 

Representatives and the Committee on Banking, Housing, and 

Urban Affairs of the Senate to present testimony on— 

‘‘(A) anticipated resources necessary for operations of 

the Committee in the following fiscal year at each of the 

departments or agencies represented on the Committee; 

‘‘(B) the adequacy of appropriations for the Committee 

in the current and the previous fiscal year to— 

‘‘(i) ensure that thorough reviews and investigations are completed as expeditiously as possible; 

‘‘(ii) monitor and enforce mitigation agreements; 

and 

‘‘(iii) identify covered transactions for which a 

notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection was not 

submitted to the Committee; 

‘‘(C) management efforts to strengthen the ability of 

the Committee to meet the requirements of this section; 

and 

‘‘(D) activities of the Committee undertaken in order 

to— 

‘‘(i) educate the business community, with a particular focus on the technology sector and other sectors 

of importance to national security, on the goals and 

operations of the Committee; 

‘‘(ii) disseminate to the governments of countries 

that are allies or partners of the United States best 

practices of the Committee that— 

‘‘(I) strengthen national security reviews of relevant investment transactions; and 

‘‘(II) expedite such reviews when appropriate; 

and 

‘‘(iii) promote openness to foreign investment, consistent with national security considerations. 

‘‘(2) SUNSET.—This subsection shall have no force or effect 

on or after the date that is 7 years after the date of the 

enactment of the Foreign Investment Risk Review Modernization Act of 2018.’’. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Banking, Housing, and Urban Affairs 

and the Committee on Appropriations of the Senate; and 

(2) the Committee on Financial Services and the Committee 

on Appropriations of the House of Representatives. 

SEC. 1722. ASSESSMENT OF NEED FOR ADDITIONAL RESOURCES FOR 

COMMITTEE. 

The President shall— 

(1) determine whether and to what extent the expansion 

of the responsibilities of the Committee on Foreign Investment 

in the United States pursuant to the amendments made by 

this subtitle necessitates additional resources for the Committee 

50 USC 4565 

note. 


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132 STAT. 2204 PUBLIC LAW 115–232—AUG. 13, 2018 

and the departments and agencies represented on the Committee to perform their functions under section 721 of the 

Defense Production Act of 1950, as amended by this subtitle; 

and 

(2) if the President determines that additional resources 

are necessary, include in the budget of the President for fiscal 

year 2019 and each fiscal year thereafter submitted to Congress 

under section 1105(a) of title 31, United States Code, a request 

for such additional resources. 

SEC. 1723. FUNDING. 

Section 721 of the Defense Production Act of 1950 (50 U.S.C. 

4565), as amended by section 1721, is further amended by adding 

at the end the following: 

‘‘(p) FUNDING.— 

‘‘(1) ESTABLISHMENT OF FUND.—There is established in the 

Treasury of the United States a fund, to be known as the 

‘Committee on Foreign Investment in the United States Fund’ 

(in this subsection referred to as the ‘Fund’), to be administered 

by the chairperson. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR THE COMMITTEE.—There are authorized to be appropriated to the Fund 

for each of fiscal years 2019 through 2023 $20,000,000 to perform the functions of the Committee. 

‘‘(3) FILING FEES.— 

‘‘(A) IN GENERAL.—The Committee may assess and collect a fee in an amount determined by the Committee 

in regulations, to the extent provided in advance in appropriations Acts, without regard to section 9701 of title 31, 

United States Code, and subject to subparagraph (B), with 

respect to each covered transaction for which a written 

notice is submitted to the Committee under subsection 

(b)(1)(C)(i). The total amount of fees collected under this 

paragraph may not exceed the costs of administering this 

section. 

‘‘(B) DETERMINATION OF AMOUNT OF FEE.— 

‘‘(i) IN GENERAL.—The amount of the fee to be 

assessed under subparagraph (A) with respect to a 

covered transaction— 

‘‘(I) may not exceed an amount equal to the 

lesser of— 

‘‘(aa) 1 percent of the value of the transaction; or 

‘‘(bb) $300,000, adjusted annually for 

inflation pursuant to regulations prescribed by 

the Committee; and 

‘‘(II) shall be based on the value of the transaction, taking into account— 

‘‘(aa) the effect of the fee on small business 

concerns (as defined in section 3 of the Small 

Business Act (15 U.S.C. 632)); 

‘‘(bb) the expenses of the Committee associated with conducting activities under this 

section; 

‘‘(cc) the effect of the fee on foreign investment; and 


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‘‘(dd) such other matters as the Committee 

considers appropriate. 

‘‘(ii) UPDATES.—The Committee shall periodically 

reconsider and adjust the amount of the fee to be 

assessed under subparagraph (A) with respect to a 

covered transaction to ensure that the amount of the 

fee does not exceed the costs of administering this 

section and otherwise remains appropriate. 

‘‘(C) DEPOSIT AND AVAILABILITY OF FEES.—Notwithstanding section 3302 of title 31, United States Code, fees 

collected under subparagraph (A) shall— 

‘‘(i) be deposited into the Fund solely for use in 

carrying out activities under this section; 

‘‘(ii) to the extent and in the amounts provided 

in advance in appropriations Acts, be available to the 

chairperson; 

‘‘(iii) remain available until expended; and 

‘‘(iv) be in addition to any appropriations made 

available to the members of the Committee. 

‘‘(D) STUDY ON PRIORITIZATION FEE.— 

‘‘(i) IN GENERAL.—Not later than 270 days after 

the date of the enactment of the Foreign Investment 

Risk Review Modernization Act of 2018, the chairperson, in consultation with the Committee, shall complete a study of the feasibility and merits of establishing a fee or fee scale to prioritize the timing of 

the response of the Committee to a draft or formal 

written notice during the period before the Committee 

accepts the formal written notice under subsection 

(b)(1)(C)(i), in the event that the Committee is unable 

to respond during the time required by subclause (II) 

of that subsection because of an unusually large influx 

of notices, or for other reasons. 

‘‘(ii) SUBMISSION TO CONGRESS.—After completing 

the study required by clause (i), the chairperson, or 

a designee of the chairperson, shall submit to the Committee on Banking, Housing, and Urban Affairs of 

the Senate and the Committee on Financial Services 

of the House of Representatives a report on the findings 

of the study. 

‘‘(4) TRANSFER OF FUNDS.—To the extent provided in 

advance in appropriations Acts, the chairperson may transfer 

any amounts in the Fund to any other department or agency 

represented on the Committee for the purpose of addressing 

emerging needs in carrying out activities under this section. 

Amounts so transferred shall be in addition to any other 

amounts available to that department or agency for that purpose.’’. 

SEC. 1724. CENTRALIZATION OF CERTAIN COMMITTEE FUNCTIONS. 

Section 721 of the Defense Production Act of 1950 (50 U.S.C. 

4565), as amended by section 1723, is further amended by adding 

at the end the following: 

‘‘(q) CENTRALIZATION OF CERTAIN COMMITTEE FUNCTIONS.— 

‘‘(1) IN GENERAL.—The chairperson, in consultation with 

the Committee, may centralize certain functions of the Committee within the Department of the Treasury for the purpose 


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of enhancing interagency coordination and collaboration in carrying out the functions of the Committee under this section. 

‘‘(2) FUNCTIONS.—Functions that may be centralized under 

paragraph (1) include identifying non-notified and non-declared 

transactions pursuant to subsection (b)(1)(H), and other functions as determined by the chairperson and the Committee. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as limiting the authority of any department or 

agency represented on the Committee to represent its own 

interests before the Committee.’’. 

SEC. 1725. CONFORMING AMENDMENTS. 

Section 721 of the Defense Production Act of 1950 (50 U.S.C. 

4565), as amended by this subtitle, is further amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(D)(iii)(I), by striking ‘‘subsection 

(l)(1)(A)’’ and inserting ‘‘subsection (l)(3)(A)’’; and 

(B) in paragraph (2)(B)(i)(I), by striking ‘‘that threat’’ 

and inserting ‘‘the risk’’; 

(2) in subsection (d)(4)(A), by striking ‘‘the foreign interest 

exercising control’’ and inserting ‘‘a foreign person that would 

acquire an interest in a United States business or its assets 

as a result of the covered transaction’’; and 

(3) in subsection (j), by striking ‘‘merger, acquisition, or 

takeover’’ and inserting ‘‘transaction’’. 

SEC. 1726. BRIEFING ON INFORMATION FROM TRANSACTIONS 

REVIEWED BY COMMITTEE ON FOREIGN INVESTMENT IN 

THE UNITED STATES RELATING TO FOREIGN EFFORTS 

TO INFLUENCE DEMOCRATIC INSTITUTIONS AND PROCESSES. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of the Treasury (or a designee of the Secretary) shall provide a briefing to the Committee on Banking, 

Housing, and Urban Affairs of the Senate and the Committee 

on Financial Services of the House of Representatives on— 

(1) transactions reviewed by the Committee on Foreign 

Investment in the United States during the 5-year period preceding the briefing that the Committee determined would have 

allowed foreign persons to inappropriately influence democratic 

institutions and processes within the United States and in 

other countries; and 

(2) the disposition of such reviews, including any steps 

taken by the Committee to address the risk of allowing foreign 

persons to influence such institutions and processes. 

SEC. 1727. EFFECTIVE DATE. 

(a) IMMEDIATE APPLICABILITY OF CERTAIN PROVISIONS.—The 

following shall take effect on the date of the enactment of this 

Act and, as applicable, apply with respect to any covered transaction 

the review or investigation of which is initiated under section 721 

of the Defense Production Act of 1950 on or after such date of 

enactment: 

(1) Sections 1705, 1707, 1708, 1709, 1710, 1713, 1714, 

1715, 1716, 1717, 1718, 1720, 1721, 1722, 1723, 1724, and 

1725 and any amendments made by those sections. 

50 USC 4565 

note. 


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(2) Section 1712 and the amendments made by that section 

(except for clause (iii) of section 721(b)(4)(A) of the Defense 

Production Act of 1950, as added by section 1712). 

(3) Paragraphs (1), (2), (3), (4)(A)(i), (4)(B)(i), (4)(B)(iv)(I), 

(4)(B)(v), (4)(C)(v), (5), (6), (7), (8), (9), (10), (11), (12), and 

(13) of subsection (a) of section 721 of the Defense Production 

Act of 1950, as amended by section 1703. 

(4) Section 721(m)(4) of the Defense Production Act of 1950, 

as amended by section 1719 (except for clauses (ii), (iii), (iv), 

and (v) of subparagraph (B) of that section). 

(b) DELAYED APPLICABILITY OF CERTAIN PROVISIONS.— 

(1) IN GENERAL.—Any provision of or amendment made 

by this subtitle not specified in subsection (a) shall— 

(A) take effect on the earlier of— 

(i) the date that is 18 months after the date of 

the enactment of this Act; or 

(ii) the date that is 30 days after publication in 

the Federal Register of a determination by the chairperson of the Committee on Foreign Investment in 

the United States that the regulations, organizational 

structure, personnel, and other resources necessary to 

administer the new provisions are in place; and 

(B) apply with respect to any covered transaction the 

review or investigation of which is initiated under section 

721 of the Defense Production Act of 1950 on or after 

the date described in subparagraph (A). 

(2) NONDELEGATION OF DETERMINATION.—The determination of the chairperson of the Committee on Foreign Investment 

in the United States under paragraph (1)(A) may not be delegated. 

(c) AUTHORIZATION FOR PILOT PROGRAMS.— 

(1) IN GENERAL.—Beginning on the date of the enactment 

of this Act and ending on the date that is 570 days thereafter, 

the Committee on Foreign Investment in the United States 

may, at its discretion, conduct one or more pilot programs 

to implement any authority provided pursuant to any provision 

of or amendment made by this subtitle not specified in subsection (a). 

(2) PUBLICATION IN FEDERAL REGISTER.—A pilot program 

under paragraph (1) may not commence until the date that 

is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee of the scope 

of and procedures for the pilot program. That determination 

may not be delegated. 

SEC. 1728. SEVERABILITY. 

If any provision of this subtitle or an amendment made by 

this subtitle, or the application of such a provision or amendment 

to any person or circumstance, is held to be invalid, the application 

of that provision or amendment to other persons or circumstances 

and the remainder of the provisions of this subtitle and the amendments made by this subtitle, shall not be affected thereby. 

50 USC 4565 

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132 STAT. 2208 PUBLIC LAW 115–232—AUG. 13, 2018 

Subtitle B—Export Control Reform 

SEC. 1741. SHORT TITLE. 

This subtitle may be cited as the ‘‘Export Control Reform Act 

of 2018’’. 

SEC. 1742. DEFINITIONS. 

In this subtitle: 

(1) CONTROLLED.—The term ‘‘controlled’’ refers to an item 

subject to the jurisdiction of the United States under part 

I. 

(2) DUAL-USE.—The term ‘‘dual-use’’, with respect to an 

item, means the item has civilian applications and military, 

terrorism, weapons of mass destruction, or law-enforcementrelated applications. 

(3) EXPORT.—The term ‘‘export’’, with respect to an item 

subject to controls under part I, includes— 

(A) the shipment or transmission of the item out of 

the United States, including the sending or taking of the 

item out of the United States, in any manner; and 

(B) the release or transfer of technology or source 

code relating to the item to a foreign person in the United 

States. 

(4) EXPORT ADMINISTRATION REGULATIONS.—The term 

‘‘Export Administration Regulations’’ means— 

(A) the Export Administration Regulations as promulgated, maintained, and amended under the authority of 

the International Emergency Economic Powers Act and 

codified, as of the date of the enactment of this Act, in 

subchapter C of chapter VII of title 15, Code of Federal 

Regulations; or 

(B) regulations that are promulgated, maintained, and 

amended under the authority of part I on or after the 

date of the enactment of this Act. 

(5) FOREIGN PERSON.—The term ‘‘foreign person’’ means— 

(A) any natural person who is not a lawful permanent 

resident of the United States, citizen of the United States, 

or any other protected individual (as such term is defined 

in section 274B(a)(3) of the Immigration and Nationality 

Act (8 U.S.C. 1324b(a)(3)); 

(B) any corporation, business association, partnership, 

trust, society or any other entity or group that is not 

incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision 

of a foreign government (e.g., diplomatic mission). 

(6) IN-COUNTRY TRANSFER.—The term ‘‘in-country transfer’’, 

with respect to an item subject to controls under part I, means 

a change in the end-use or end user of the item within the 

same foreign country. 

(7) ITEM.—The term ‘‘item’’ means a commodity, software, 

or technology. 

(8) PERSON.—The term ‘‘person’’ means— 

(A) a natural person; 

(B) a corporation, business association, partnership, 

society, trust, financial institution, insurer, underwriter, 

50 USC 4801. 

50 USC 4801 

note. 

Export Control 

Reform Act 

of 2018. 


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guarantor, and any other business organization, any other 

nongovernmental entity, organization, or group, or any 

government or agency thereof; and 

(C) any successor to any entity described in subparagraph (B). 

(9) REEXPORT.—The term ‘‘reexport’’, with respect to an 

item subject to controls under part I, includes— 

(A) the shipment or transmission of the item from 

a foreign country to another foreign country, including 

the sending or taking of the item from the foreign country 

to the other foreign country, in any manner; and 

(B) the release or transfer of technology or source 

code relating to the item to a foreign person outside the 

United States. 

(10) SECRETARY.—Except as otherwise provided, the term 

‘‘Secretary’’ means the Secretary of Commerce. 

(11) TECHNOLOGY.—The term ‘‘technology’’ includes 

information, in tangible or intangible form, necessary for the 

development, production, or use of an item. 

(12) UNITED STATES.—The term ‘‘United States’’ means the 

several States, the District of Columbia, the Commonwealth 

of Puerto Rico, the Commonwealth of the Northern Mariana 

Islands, American Samoa, Guam, the United States Virgin 

Islands, and any other territory or possession of the United 

States. 

(13) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) for purposes of part I— 

(i) any individual who is a citizen or national of 

the United States or who is an individual described 

in subparagraph (B) of section 274B(a)(3) of the 

Immigration and Nationality Act (8 U.S.C. 

1324b(a)(3)); 

(ii) a corporation or other legal entity which is 

organized under the laws of the United States, any 

State or territory thereof, or the District of Columbia; 

and 

(iii) any person in the United States; and 

(B) for purposes of part II, any United States resident 

or national (other than an individual resident outside the 

United States and employed by other than a United States 

person), any domestic concern (including any permanent 

domestic establishment of any foreign concern) and any 

foreign subsidiary or affiliate (including any permanent 

foreign establishment) of any domestic concern which is 

controlled in fact by such domestic concern, as determined 

under regulations by the Secretary. 

(14) WEAPONS OF MASS DESTRUCTION.—The term ‘‘weapons 

of mass destruction’’ means nuclear, radiological, chemical, and 

biological weapons and delivery systems for such weapons. 

PART I—AUTHORITY AND ADMINISTRATION 

OF CONTROLS 

SEC. 1751. SHORT TITLE. 

This part may be cited as the ‘‘Export Controls Act of 2018’’. 

50 USC 4801 

note. 

Export Controls 

Act of 2018. 


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SEC. 1752. STATEMENT OF POLICY. 

The following is the policy of the United States: 

(1) To use export controls only after full consideration 

of the impact on the economy of the United States and only 

to the extent necessary— 

(A) to restrict the export of items which would make 

a significant contribution to the military potential of any 

other country or combination of countries which would 

prove detrimental to the national security of the United 

States; and 

(B) to restrict the export of items if necessary to further 

significantly the foreign policy of the United States or 

to fulfill its declared international obligations. 

(2) The national security and foreign policy of the United 

States require that the export, reexport, and in-country transfer 

of items, and specific activities of United States persons, wherever located, be controlled for the following purposes: 

(A) To control the release of items for use in— 

(i) the proliferation of weapons of mass destruction 

or of conventional weapons; 

(ii) the acquisition of destabilizing numbers or 

types of conventional weapons; 

(iii) acts of terrorism; 

(iv) military programs that could pose a threat 

to the security of the United States or its allies; or 

(v) activities undertaken specifically to cause 

significant interference with or disruption of critical 

infrastructure. 

(B) To preserve the qualitative military superiority 

of the United States. 

(C) To strengthen the United States defense industrial 

base. 

(D) To carry out the foreign policy of the United States, 

including the protection of human rights and the promotion 

of democracy. 

(E) To carry out obligations and commitments under 

international agreements and arrangements, including 

multilateral export control regimes. 

(F) To facilitate military interoperability between the 

United States and its North Atlantic Treaty Organization 

(NATO) and other close allies. 

(G) To ensure national security controls are tailored 

to focus on those core technologies and other items that 

are capable of being used to pose a serious national security 

threat to the United States. 

(3) The national security of the United States requires 

that the United States maintain its leadership in the science, 

technology, engineering, and manufacturing sectors, including 

foundational technology that is essential to innovation. Such 

leadership requires that United States persons are competitive 

in global markets. The impact of the implementation of this 

part on such leadership and competitiveness must be evaluated 

on an ongoing basis and applied in imposing controls under 

sections 1753 and 1754 to avoid negatively affecting such 

leadership. 

(4) The national security and foreign policy of the United 

States require that the United States participate in multilateral 

50 USC 4811. 


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organizations and agreements regarding export controls on 

items that are consistent with the policy of the United States, 

and take all the necessary steps to secure the adoption and 

consistent enforcement, by the governments of such countries, 

of export controls on items that are consistent with such policy. 

(5) Export controls should be coordinated with the multilateral export control regimes. Export controls that are multilateral are most effective, and should be tailored to focus on 

those core technologies and other items that are capable of 

being used to pose a serious national security threat to the 

United States and its allies. 

(6) Export controls applied unilaterally to items widely 

available from foreign sources generally are less effective in 

preventing end-users from acquiring those items. Application 

of unilateral export controls should be limited for purposes 

of protecting specific United States national security and foreign 

policy interests. 

(7) The effective administration of export controls requires 

a clear understanding both inside and outside the United States 

Government of which items are controlled and an efficient 

process should be created to regularly update the controls, 

such as by adding or removing such items. 

(8) The export control system must ensure that it is transparent, predictable, and timely, has the flexibility to be adapted 

to address new threats in the future, and allows seamless 

access to and sharing of export control information among 

all relevant United States national security and foreign policy 

agencies. 

(9) Implementation and enforcement of United States 

export controls require robust capabilities in monitoring, intelligence, and investigation, appropriate penalties for violations, 

and the ability to swiftly interdict unapproved transfers. 

(10) Export controls complement and are a critical element 

of the national security policies underlying the laws and regulations governing foreign direct investment in the United States, 

including controlling the transfer of critical technologies to certain foreign persons. Thus, the President, in coordination with 

the Secretary, the Secretary of Defense, the Secretary of State, 

the Secretary of Energy, and the heads of other Federal agencies, as appropriate, should have a regular and robust process 

to identify the emerging and other types of critical technologies 

of concern and regulate their release to foreign persons as 

warranted regardless of the nature of the underlying transaction. Such identification efforts should draw upon the 

resources and expertise of all relevant parts of the United 

States Government, industry, and academia. These efforts 

should be in addition to traditional efforts to modernize and 

update the lists of controlled items under the multilateral 

export control regimes. 

(11) The authority under this part may be exercised only 

in furtherance of all of the objectives set forth in paragraphs 

(1) through (10). 

SEC. 1753. AUTHORITY OF THE PRESIDENT. 

(a) AUTHORITY.—In order to carry out the policy set forth in 

paragraphs (1) through (10) of section 1752, the President shall 

control— 

50 USC 4812. 


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(1) the export, reexport, and in-country transfer of items 

subject to the jurisdiction of the United States, whether by 

United States persons or by foreign persons; and 

(2) the activities of United States persons, wherever located, 

relating to specific— 

(A) nuclear explosive devices; 

(B) missiles; 

(C) chemical or biological weapons; 

(D) whole plants for chemical weapons precursors; 

(E) foreign maritime nuclear projects; and 

(F) foreign military intelligence services. 

(b) REQUIREMENTS.—In exercising authority under this part 

to carry out the policy set forth in paragraphs (1) through (10) 

of section 1752, the President shall— 

(1) regulate the export, reexport, and in-country transfer 

of items described in subsection (a)(1) of United States persons 

or foreign persons; 

(2) regulate the activities described in subsection (a)(2) 

of United States persons, wherever located; 

(3) seek to secure the cooperation of other governments 

and multilateral organizations to impose control systems that 

are consistent, to the extent possible, with the controls imposed 

under subsection (a); 

(4) maintain the leadership of the United States in science, 

engineering, technology research and development, manufacturing, and foundational technology that is essential to innovation; 

(5) protect United States technological advances by prohibiting unauthorized technology transfers to foreign persons in 

the United States or outside the United States, particularly 

with respect to countries that may pose a significant threat 

to the national security of the United States; 

(6) strengthen the United States industrial base, both with 

respect to current and future defense requirements; and 

(7) enforce the controls through means such as regulations, 

requirements for compliance, lists of controlled items, lists of 

foreign persons who threaten the national security or foreign 

policy of the United States, and guidance in a form that facilitates compliance by United States persons and foreign persons, 

in particular academic institutions, scientific and research 

establishments, and small- and medium-sized businesses. 

(c) APPLICATION OF CONTROLS.—The President shall impose 

controls over the export, reexport, or in-country transfer of items 

for purposes of the objectives described in subsections (b)(1) or 

(b)(2) without regard to the nature of the underlying transaction 

or any circumstances pertaining to the activity, including whether 

such export, reexport, or in-country transfer occurs pursuant to 

a purchase order or other contract requirement, voluntary decision, 

inter-company arrangement, marketing effort, or during a joint 

venture, joint development agreement, or similar collaborative 

agreement. 

SEC. 1754. ADDITIONAL AUTHORITIES. 

(a) IN GENERAL.—In carrying out this part on behalf of the 

President, the Secretary, in consultation with the Secretary of State, 

the Secretary of Defense, the Secretary of Energy, and the heads 

of other Federal agencies as appropriate, shall— 

50 USC 4813. 


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(1) establish and maintain a list of items that are controlled 

under this part; 

(2) establish and maintain a list of foreign persons and 

end-uses that are determined to be a threat to the national 

security and foreign policy of the United States pursuant to 

the policy set forth in section 1752(2)(A); 

(3) prohibit unauthorized exports, reexports, and in-country 

transfers of controlled items, including to foreign persons in 

the United States or outside the United States; 

(4) restrict exports, reexports, and in-country transfers of 

any controlled items to any foreign person or end-use listed 

under paragraph (2); 

(5) require licenses or other authorizations, as appropriate, 

for exports, reexports, and in-country transfers of controlled 

items, including— 

(A) imposing conditions or restrictions on United States 

persons and foreign persons with respect to such licenses 

or other authorizations; and 

(B) suspending or revoking such licenses or authorizations; 

(6) establish a process for an assessment to determine 

whether a foreign item is comparable in quality to an item 

controlled under this part, and is available in sufficient quantities to render the United States export control of that item 

or the denial of a license ineffective, including a mechanism 

to address that disparity; 

(7) require measures for compliance with the export controls established under this part; 

(8) require and obtain such information from United States 

persons and foreign persons as is necessary to carry out this 

part; 

(9) require, to the extent feasible, identification of items 

subject to controls under this part in order to facilitate the 

enforcement of such controls; 

(10) inspect, search, detain, or seize, or impose temporary 

denial orders with respect to items, in any form, that are 

subject to controls under this part, or conveyances on which 

it is believed that there are items that have been, are being, 

or are about to be exported, reexported, or in-country transferred in violation of this part; 

(11) monitor shipments and other means of transfer; 

(12) keep the public appropriately apprised of changes in 

policy, regulations, and procedures established under this part; 

(13) appoint technical advisory committees in accordance 

with the Federal Advisory Committee Act; 

(14) create, as warranted, exceptions to licensing requirements in order to further the objectives of this part; 

(15) establish and maintain processes to inform persons, 

either individually by specific notice or through amendment 

to any regulation or order issued under this part, that a license 

from the Bureau of Industry and Security of the Department 

of Commerce is required to export; and 

(16) undertake any other action as is necessary to carry 

out this part that is not otherwise prohibited by law. 

(b) RELATIONSHIP TO IEEPA.—The authority under this part 

may not be used to regulate or prohibit under this part the export, 


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reexport, or in-country transfer of any item that may not be regulated or prohibited under section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), except to the extent 

the President has made a determination necessary to impose controls under subparagraph (A), (B), or (C) of paragraph (2) of such 

section. 

(c) COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.— 

(1) COMMERCE LICENSE REQUIREMENT.— 

(A) IN GENERAL.—A license shall be required for the 

export, reexport, or in-country transfer of items, the control 

of which is implemented pursuant to subsection (a) by 

the Secretary, to a country if the Secretary of State has 

made the following determinations: 

(i) The government of such country has repeatedly 

provided support for acts of international terrorism. 

(ii) The export, reexport, or in-country transfer 

of such items could make a significant contribution 

to the military potential of such country, including 

its military logistics capability, or could enhance the 

ability of such country to support acts of international 

terrorism. 

(B) DETERMINATION UNDER OTHER PROVISIONS OF

LAW.—A determination of the Secretary of State under 

section 620A of the Foreign Assistance Act of 1961 (22 

U.S.C. 2371), section 40 of the Arms Export Control Act 

(22 U.S.C. 2780), or any other provision of law that the 

government of a country described in subparagraph (A) 

has repeatedly provided support for acts of international 

terrorism shall be deemed to be a determination with 

respect to such government for purposes of clause (i) of 

subparagraph (A). 

(2) NOTIFICATION TO CONGRESS.— 

(A) IN GENERAL.—The Secretary of State and the Secretary shall notify the Committee on Foreign Affairs of 

the House of Representatives and the Committee on 

Banking, Housing, and Urban Affairs and the Committee 

on Foreign Relations of the Senate at least 30 days before 

any license is issued as required by paragraph (1). 

(B) CONTENTS.—The Secretary of State shall include 

in the notification required under subparagraph (A)— 

(i) a detailed description of the items to be offered, 

including a brief description of the capabilities of any 

item for which a license to export, reexport, or incountry transfer the items is sought; 

(ii) the reasons why the foreign country, person, 

or entity to which the export, reexport, or in-country 

transfer is proposed to be made has requested the 

items under the export, reexport, or in-country 

transfer, and a description of the manner in which 

such country, person, or entity intends to use such 

items; 

(iii) the reasons why the proposed export, reexport, 

or in-country transfer is in the national interest of 

the United States; 

(iv) an analysis of the impact of the proposed 

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capabilities of the foreign country, person, or entity 

to which such transfer would be made; 

(v) an analysis of the manner in which the proposed export, reexport, or in-country transfer would 

affect the relative military strengths of countries in 

the region to which the items that are the subject 

of such export, reexport, or in-country transfer would 

be delivered and whether other countries in the region 

have comparable kinds and amounts of items; and 

(vi) an analysis of the impact of the proposed 

export, reexport, or in-country transfer on the relations 

of the United States with the countries in the region 

to which the items that are the subject of such export, 

reexport, or in-country transfer would be delivered. 

(3) PUBLICATION IN FEDERAL REGISTER.—Each determination of the Secretary of State under paragraph (1)(A)(i) shall 

be published in the Federal Register, except that the Secretary 

of State may exclude confidential information and trade secrets 

contained in such determination. 

(4) RESCISSION OF DETERMINATION.—A determination of the 

Secretary of State under paragraph (1)(A)(i) may not be 

rescinded unless the President submits to the Speaker of the 

House of Representatives, the chairman of the Committee on 

Foreign Affairs, and the chairman of the Committee on 

Banking, Housing, and Urban Affairs and the chairman of 

the Committee on Foreign Relations of the Senate— 

(A) before the proposed rescission would take effect, 

a report certifying that— 

(i) there has been a fundamental change in the 

leadership and policies of the government of the 

country concerned; 

(ii) that government is not supporting acts of international terrorism; and 

(iii) that government has provided assurances that 

it will not support acts of international terrorism in 

the future; or 

(B) at least 45 days before the proposed rescission 

would take effect, a report justifying the rescission and 

certifying that— 

(i) the government concerned has not provided any 

support for acts international terrorism during the preceding 6-month period; and 

(ii) the government concerned has provided assurances that it will not support acts of international 

terrorism in the future. 

(d) ENHANCED CONTROLS.— 

(1) IN GENERAL.—In furtherance of section 1753(a), the 

President shall, except to the extent authorized by a statute 

or regulation administered by a Federal department or agency 

other than the Department of Commerce, require a United 

States person, wherever located, to apply for and receive a 

license from the Department of Commerce for— 

(A) the export, reexport, or in-country transfer of items 

described in paragraph (2), including items that are not 

subject to control under this part; and 

(B) other activities that may support the design, 

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maintenance, repair, overhaul, or refurbishing of, or for 

the performance of services relating to, any such items. 

(2) ITEMS DESCRIBED.—The items described in this paragraph include— 

(A) nuclear explosive devices; 

(B) missiles; 

(C) chemical or biological weapons; 

(D) whole plants for chemical weapons precursors; and 

(E) foreign maritime nuclear projects that would pose 

a risk to the national security or foreign policy of the 

United States. 

(e) ADDITIONAL PROHIBITIONS.—The Secretary may inform 

United States persons, either individually by specific notice or 

through amendment to any regulation or order issued under this 

part, that a license from the Bureau of Industry and Security 

of the Department of Commerce is required to engage in any activity 

if the activity involves the types of movement, service, or support 

described in subsection (d). The absence of any such notification 

does not excuse the United States person from compliance with 

the license requirements of subsection (d), or any regulation or 

order issued under this part. 

(f) LICENSE REVIEW STANDARDS.—The Secretary shall deny an 

application to engage in any activity described in subsection (d) 

if the activity would make a material contribution to any of the 

items described in subsection (d)(2). 

SEC. 1755. ADMINISTRATION OF EXPORT CONTROLS. 

(a) IN GENERAL.—The President shall rely on, including through 

delegations, as appropriate, the Secretary, the Secretary of Defense, 

the Secretary of State, the Secretary of Energy, the Director of 

National Intelligence, and the heads of other Federal agencies as 

appropriate, to exercise the authority to carry out the purposes 

set forth in subsection (b). 

(b) PURPOSES.—The purposes of this section include to— 

(1) advise the President with respect to— 

(A) identifying specific threats to the national security 

and foreign policy that the authority of this part may 

be used to address; and 

(B) exercising the authority under this part to implement policies, regulations, procedures, and actions that 

are necessary to effectively counteract those threats; 

(2) review and approve— 

(A) criteria for including items on, and removing such 

an item from, a list of controlled items established under 

this part; 

(B) an interagency procedure for compiling and 

amending any list described in subparagraph (A); 

(C) criteria for including a person on a list of persons 

to whom exports, reexports, and in-country transfers of 

items are prohibited or restricted under this part; 

(D) standards for compliance by persons subject to 

controls under this part; and 

(E) policies and procedures for the end-use monitoring 

of exports, reexports, and in-country transfers of items 

controlled under this part; and 

(3) benefit from the inherent equities, experience, and 

capabilities of the Federal officials described in subsection (a). 

50 USC 4814. 


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(c) SENSE OF CONGRESS.—It is the sense of Congress that 

the administration of export controls under this part should be 

consistent with the procedures relating to export license applications 

described in Executive Order 12981 (1995). 

SEC. 1756. LICENSING. 

(a) IN GENERAL.—The Secretary shall, consistent with delegations as described in section 1755, establish a procedure to license 

or otherwise authorize the export, reexport, and in-country transfer 

of items controlled under this part in order to carry out the policy 

set forth in section 1752 and the requirements set forth in section 

1753(b). The procedure shall ensure that— 

(1) license applications and other requests for authorization 

are considered and decisions made with the participation of 

appropriate Federal agencies, as appropriate; and 

(2) licensing decisions are made in an expeditious manner, 

with transparency to applicants on the status of license and 

other authorization processing and the reason for denying any 

license or request for authorization. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary should make best efforts to ensure that an accurate, 

consistent, and timely evaluation and processing of licenses or other 

requests for authorization to export, reexport, or in-country transfer 

items controlled under this part is generally accomplished within 

30 days from the date of such license request. 

(c) FEES.—No fee may be charged in connection with the 

submission, processing, or consideration of any application for a 

license or other authorization or other request made in connection 

with any regulation in effect under the authority of this part. 

(d) ADDITIONAL PROCEDURAL REQUIREMENTS.— 

(1) IN GENERAL.—The procedure required under subsection 

(a) shall provide for the assessment of the impact of a proposed 

export of an item on the United States defense industrial base 

and the denial of an application for a license or a request 

for an authorization of any export that would have a significant 

negative impact on such defense industrial base, as described 

in paragraph (3). 

(2) INFORMATION FROM APPLICANT.—The procedure required 

under subsection (a) shall also require an applicant for a license 

to provide the information necessary to make the assessment 

provided under paragraph (1), including whether the purpose 

or effect of the export is to allow for the significant production 

of items relevant for the defense industrial base outside the 

United States. 

(3) SIGNIFICANTLY NEGATIVE IMPACT DEFINED.—A significant negative impact on the United States defense industrial 

base is the following: 

(A) A reduction in the availability of an item produced 

in the United States that is likely to be acquired by the 

Department of Defense or other Federal department or 

agency for the advancement of the national security of 

the United States, or for the production of an item in 

the United States for the Department of Defense or other 

agency for the advancement of the national security of 

the United States. 

(B) A reduction in the production in the United States 

of an item that is the result of research and development 

50 USC 4815. 


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carried out, or funded by, the Department of Defense or 

other Federal department or agency to advance the national 

security of the United States, or a federally funded research 

and development center. 

(C) A reduction in the employment of United States 

persons whose knowledge and skills are necessary for the 

continued production in the United States of an item that 

is likely to be acquired by the Department of Defense 

or other Federal department or agency for the advancement 

of the national security of the United States. 

SEC. 1757. COMPLIANCE ASSISTANCE. 

(a) SYSTEM FOR SEEKING ASSISTANCE.—The President may 

authorize the Secretary to establish a system to provide United 

States persons with assistance in complying with this part, which 

may include a mechanism for providing information, in classified 

form as appropriate, who are potential customers, suppliers, or 

business partners with respect to items controlled under this part, 

in order to further ensure the prevention of the export, reexport, 

or in-country transfer of items that may pose a threat to the 

national security or foreign policy of the United States. 

(b) SECURITY CLEARANCES.—In order to carry out subsection 

(a), the President may issue appropriate security clearances to 

persons described in that subsection who are responsible for complying with this part. 

(c) ASSISTANCE FOR CERTAIN BUSINESSES.— (1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the President shall develop and 

submit to Congress a plan to assist small- and medium-sized 

United States businesses in export licensing and other processes 

under this part. 

(2) CONTENTS.—The plan shall include, among other things, 

arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this part, as well 

as proposals for seminars and conferences to educate such 

businesses on export controls, licensing procedures, and related 

obligations. 

SEC. 1758. REQUIREMENTS TO IDENTIFY AND CONTROL THE EXPORT 

OF EMERGING AND FOUNDATIONAL TECHNOLOGIES. 

(a) IDENTIFICATION OF TECHNOLOGIES.— (1) IN GENERAL.—The President shall establish and, in 

coordination with the Secretary, the Secretary of Defense, the 

Secretary of Energy, the Secretary of State, and the heads 

of other Federal agencies as appropriate, lead, a regular, 

ongoing interagency process to identify emerging and 

foundational technologies that— 

(A) are essential to the national security of the United 

States; and 

(B) are not critical technologies described in clauses 

(i) through (v) of section 721(a)(6)(A) of the Defense Production Act of 1950, as amended by section 1703. 

(2) PROCESS.—The interagency process established under 

subsection (a) shall— 

(A) be informed by multiple sources of information, 

including— 

(i) publicly available information; 

50 USC 4817. 

50 USC 4816. 


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(ii) classified information, including relevant 

information provided by the Director of National Intelligence; 

(iii) information relating to reviews and investigations of transactions by the Committee on Foreign 

Investment in the United States under section 721 

of the Defense Production Act of 1950 (50 U.S.C. 4565); 

and 

(iv) information provided by the advisory committees established by the Secretary to advise the Under 

Secretary of Commerce for Industry and Security on 

controls under the Export Administration Regulations, 

including the Emerging Technology and Research 

Advisory Committee; 

(B) take into account— 

(i) the development of emerging and foundational 

technologies in foreign countries; 

(ii) the effect export controls imposed pursuant 

to this section may have on the development of such 

technologies in the United States; and 

(iii) the effectiveness of export controls imposed 

pursuant to this section on limiting the proliferation 

of emerging and foundational technologies to foreign 

countries; and 

(C) include a notice and comment period. 

(b) COMMERCE CONTROLS.— 

(1) IN GENERAL.—Except to the extent inconsistent with 

the authorities described in subsection (a)(1)(B), the Secretary 

shall establish appropriate controls under the Export Administration Regulations on the export, reexport, or in-country 

transfer of technology identified pursuant to subsection (a), 

including through interim controls (such as by informing a 

person that a license is required for export), as appropriate, 

or by publishing additional regulations. 

(2) LEVELS OF CONTROL.— (A) IN GENERAL.—The Secretary may, in coordination 

with the Secretary of Defense, the Secretary of State, and 

the heads of other Federal agencies, as appropriate, specify 

the level of control to apply under paragraph (1) with 

respect to the export of technology described in that paragraph, including a requirement for a license or other 

authorization for the export, reexport, or in-country 

transfer of that technology. 

(B) CONSIDERATIONS.—In determining under subparagraph (A) the level of control appropriate for technology 

described in paragraph (1), the Secretary shall take into 

account— 

(i) lists of countries to which exports from the 

United States are restricted; and 

(ii) the potential end uses and end users of the 

technology. 

(C) MINIMUM REQUIREMENTS.—At a minimum, except 

as provided by paragraph (4), the Secretary shall require 

a license for the export, reexport, or in-country transfer 

of technology described in paragraph (1) to or in a country 

subject to an embargo, including an arms embargo, imposed 

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(3) REVIEW OF LICENSE APPLICATIONS.— (A) PROCEDURES.—The procedures set forth in Executive Order 12981 (50 U.S.C. 4603 note; relating to administration of export controls) or a successor order shall apply 

to the review of an application for a license or other 

authorization for the export, reexport, or in-country 

transfer of technology described in paragraph (1). 

(B) CONSIDERATION OF INFORMATION RELATING TO

NATIONAL SECURITY.—In reviewing an application for a 

license or other authorization for the export, reexport, or 

in-country transfer of technology described in paragraph 

(1), the Secretary shall take into account information provided by the Director of National Intelligence regarding 

any threat to the national security of the United States 

posed by the proposed export, reexport, or transfer. The 

Director of National Intelligence shall provide such 

information on the request of the Secretary. 

(C) DISCLOSURES RELATING TO COLLABORATIVE

ARRANGEMENTS.—In the case of an application for a license 

or other authorization for the export, reexport, or in-country 

transfer of technology described in paragraph (1) submitted 

by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary 

may require the applicant to identify, in addition to any 

foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign 

person participating in the arrangement. 

(4) EXCEPTIONS.— 

(A) MANDATORY EXCEPTIONS.—The Secretary may not 

control under this subsection the export of any technology— 

(i) described in section 203(b) of the International 

Emergency Economic Powers Act (50 U.S.C. 1702(b)); 

or 

(ii) if the regulation of the export of that technology 

is prohibited under any other provision of law. 

(B) REGULATORY EXCEPTIONS.—In prescribing regulations under paragraph (1), the Secretary may include regulatory exceptions to the requirements of that paragraph. 

(C) ADDITIONAL EXCEPTIONS.—The Secretary shall not 

be required to impose under paragraph (1) a requirement 

for a license or other authorization with respect to the 

export, reexport, or in-country transfer of technology 

described in paragraph (1) pursuant to any of the following 

transactions: 

(i) The sale or license of a finished item and the 

provision of associated technology if the United States 

person that is a party to the transaction generally 

makes the finished item and associated technology 

available to its customers, distributors, or resellers. 

(ii) The sale or license to a customer of a product 

and the provision of integration services or similar 

services if the United States person that is a party 

to the transaction generally makes such services available to its customers. 

(iii) The transfer of equipment and the provision 

of associated technology to operate the equipment if 

the transfer could not result in the foreign person 


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using the equipment to produce critical technologies 

(as defined in section 721(a) of the Defense Production 

Act of 1950, as amended by section 1703). 

(iv) The procurement by the United States person 

that is a party to the transaction of goods or services, 

including manufacturing services, from a foreign person that is a party to the transaction, if the foreign 

person has no rights to exploit any technology contributed by the United States person other than to supply 

the procured goods or services. 

(v) Any contribution and associated support by 

a United States person that is a party to the transaction to an industry organization related to a standard 

or specification, whether in development or declared, 

including any license of or commitment to license 

intellectual property in compliance with the rules of 

any standards organization (as defined by the Secretary by regulation). 

(c) MULTILATERAL CONTROLS.— 

(1) IN GENERAL.—The Secretary of State, in consultation 

with the Secretary and the Secretary of Defense, and the heads 

of other Federal agencies, as appropriate, shall propose that 

any technology identified pursuant to subsection (a) be added 

to the list of technologies controlled by the relevant multilateral 

export control regimes. 

(2) ITEMS ON COMMERCE CONTROL LIST OR UNITED STATES

MUNITIONS LIST.—If the Secretary of State proposes to a multilateral export control regime under paragraph (1) to add a 

technology identified pursuant to subsection (a) to the control 

list of that regime and that regime does not add that technology 

to the control list during the 3-year period beginning on the 

date of the proposal, the applicable agency head may determine 

whether national security concerns warrant the continuation 

of unilateral export controls with respect to that technology. 

(d) REPORT TO COMMITTEE ON FOREIGN INVESTMENT IN THE

UNITED STATES.—Not less frequently than every 180 days, the 

Secretary, in coordination with the Secretary of Defense, the Secretary of State, and the heads of other Federal agencies, as appropriate, shall submit to the Committee on Foreign Investment in 

the United States a report on the results of actions taken pursuant 

to this section. 

(e) REPORT TO CONGRESS.—Not less frequently than every 180 

days, the Secretary, in coordination with the Secretary of Defense, 

the Secretary of State, and the heads of other Federal agencies, 

as appropriate, shall submit a report on the results of actions 

taken pursuant to this section, including actions taken pursuant 

to subsections (a), (b), and (c), to— 

(1) the Committee on Banking, Housing, and Urban Affairs, 

the Committee on Foreign Relations, the Committee on Armed 

Services, and the Select Committee on Intelligence of the 

Senate; and 

(2) the Committee on Financial Services, the Committee 

on Foreign Affairs, the Committee on Armed Services, and 

the Permanent Select Committee on Intelligence of the House 

of Representatives. 

(f) MODIFICATIONS TO EMERGING TECHNOLOGY AND RESEARCH

ADVISORY COMMITTEE.— 


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(1) IN GENERAL.—The Secretary shall revise the objectives 

of the Emerging Technology and Research Advisory Committee, 

established by the Secretary under the Export Administration 

Regulations, to include advising the interagency process established under subsection (a) with respect to emerging and 

foundational technologies. 

(2) DUTIES.—The Secretary— 

(A) shall revise the duties of the Emerging Technology 

and Research Advisory Committee to include identifying 

emerging and foundational technologies that may be developed over a period of 5 years or 10 years; and 

(B) may revise the duties of the Advisory Committee 

to include identifying trends in— 

(i) the ownership by foreign persons and foreign 

governments of such technologies; 

(ii) the types of transactions related to such technologies engaged in by foreign persons and foreign 

governments; 

(iii) the blending of private and government investment in such technologies; and 

(iv) efforts to obfuscate ownership of such technologies or to otherwise circumvent the controls established under this section. 

(3) MEETINGS.— 

(A) FREQUENCY.—The Emerging Technology and 

Research Advisory Committee should meet not less frequently than every 120 days. 

(B) ATTENDANCE.—A representative from each agency 

participating in the interagency process established under 

subsection (a) should be in attendance at each meeting 

of the Emerging Technology and Research Advisory Committee. 

(4) CLASSIFIED INFORMATION.—Not fewer than half of the 

members of the Emerging Technology and Research Advisory 

Committee should hold sufficient security clearances such that 

classified information, including classified information 

described in clauses (ii) and (iii) of subsection (a)(2)(A), from 

the interagency process established under subsection (a) can 

be shared with those members to inform the advice provided 

by the Advisory Committee. 

(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— 

Subsections (a)(1), (a)(3), and (b) of section 10 and sections 

11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. 

App.) shall not apply to the Emerging Technology and Research 

Advisory Committee. 

(6) REPORT.—The Emerging Technology and Research 

Advisory Committee shall include the findings of the Advisory 

Committee under this subsection in the annual report to Congress required by section 1765. 

(g) RULE OF CONSTRUCTION.—Nothing in this subtitle shall 

be construed to alter or limit— 

(1) the authority of the President or the Secretary of State 

to designate items as defense articles and defense services 

for the purposes of the Arms Export Control Act (22 U.S.C. 

2751 et seq.) or to otherwise regulate such items; or 


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(2) the authority of the President under the Atomic Energy 

Act of 1954 (42 U.S.C. 2011 et seq.), the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), or the Export 

Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.)) or any other provision 

of law relating to the control of exports. 

SEC. 1759. REVIEW RELATING TO COUNTRIES SUBJECT TO COMPREHENSIVE UNITED STATES ARMS EMBARGO. 

(a) IN GENERAL.—The Secretary, the Secretary of Defense, the 

Secretary of State, the Secretary of Energy, and the heads of other 

Federal agencies as appropriate, shall conduct a review of license 

requirements for exports, reexports, or in-country transfers of items 

to countries subject to a comprehensive United States arms 

embargo, including, as appropriate— 

(1) the scope of controls under title 15, Code of Federal 

Regulations, that apply to exports, reexports, and in-country 

transfers for military end uses and military end users in countries that are subject to a comprehensive United States arms 

embargo and countries that are subject to a United Nations 

arms embargo; and 

(2) entries on the Commerce Control List maintained under 

title 15, Code of Federal Regulations, that are not subject 

to a license requirement for the export, reexport, or in-country 

transfer of items to countries subject to a comprehensive United 

States arms embargo; 

(b) IMPLEMENTATION OF RESULTS OF REVIEW.—Not later than 

270 days after the date of the enactment of this Act, the Secretary 

shall implement the results of the review conducted under subsection (a). 

SEC. 1760. PENALTIES. 

(a) UNLAWFUL ACTS.— (1) IN GENERAL.—It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation 

of this part or of any regulation, order, license, or other 

authorization issued under this part, including any of the 

unlawful acts described in paragraph (2). 

(2) SPECIFIC UNLAWFUL ACTS.—The unlawful acts described 

in this paragraph are the following: 

(A) No person may engage in any conduct prohibited 

by or contrary to, or refrain from engaging in any conduct 

required by this part, the Export Administration Regulations, or any order, license or authorization issued thereunder. 

(B) No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of 

any act prohibited, or the omission of any act required 

by this part, the Export Administration Regulations, or 

any order, license or authorization issued thereunder. 

(C) No person may solicit or attempt a violation of 

this part, the Export Administration Regulations, or any 

order, license or authorization issued thereunder. 

(D) No person may conspire or act in concert with 

one or more other persons in any manner or for any purpose 

to bring about or to do any act that constitutes a violation 

50 USC 4819. 

50 USC 4818. 


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of this part, the Export Administration Regulations, or 

any order, license or authorization issued thereunder. 

(E) No person may order, buy, remove, conceal, store, 

use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct 

negotiations to facilitate such activities for, any item 

exported or to be exported from the United States, or 

that is otherwise subject to the Export Administration 

Regulations, with knowledge that a violation of this part, 

the Export Administration Regulations, or any order, 

license or authorization issued thereunder, has occurred, 

is about to occur, or is intended to occur in connection 

with the item unless valid authorization is obtained 

therefor. 

(F) No person may make any false or misleading representation, statement, or certification, or falsify or conceal 

any material fact, either directly to the Department of 

Commerce, or an official of any other United States agency, 

including the Department of Homeland Security and the 

Department of Justice, or indirectly through any other 

person— 

(i) in the course of an investigation or other action 

subject to the Export Administration Regulations; 

(ii) in connection with the preparation, submission, 

issuance, use, or maintenance of any export control 

document or any report filed or required to be filed 

pursuant to the Export Administration Regulations; 

or 

(iii) for the purpose of or in connection with 

effecting any export, reexport, or in-country transfer 

of an item subject to the Export Administration Regulations or a service or other activity of a United States 

person described in section 1754. 

(G) No person may engage in any transaction or take 

any other action with intent to evade the provisions of 

this part, the Export Administration Regulations, or any 

order, license, or authorization issued thereunder. 

(H) No person may fail or refuse to comply with any 

reporting or recordkeeping requirements of the Export 

Administration Regulations or of any order, license, or 

authorization issued thereunder. 

(I) Except as specifically authorized in the Export 

Administration Regulations or in writing by the Department of Commerce, no person may alter any license, 

authorization, export control document, or order issued 

under the Export Administration Regulations. 

(J) No person may take any action that is prohibited 

by a denial order or a temporary denial order issued by 

the Department of Commerce to prevent imminent violations of this part, the Export Administration Regulations, 

or any order, license or authorization issued thereunder. 

(3) ADDITIONAL REQUIREMENTS.—For purposes of paragraph 

(2)(F), any representation, statement, or certification made by 

any person shall be deemed to be continuing in effect. Each 

person who has made a representation, statement, or certification to the Department of Commerce relating to any order, 

license, or other authorization issued under this part shall 


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notify the Department of Commerce, in writing, of any change 

of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any 

information that would lead a reasonably prudent person to 

know that a change of material fact or intention had occurred 

or may occur in the future. 

(b) CRIMINAL PENALTY.—A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids 

and abets in the commission of, an unlawful act described in subsection (a)— 

(1) shall be fined not more than $1,000,000; and 

(2) in the case of the individual, shall be imprisoned for 

not more than 20 years, or both. 

(c) CIVIL PENALTIES.— (1) AUTHORITY.—The Secretary may impose the following 

civil penalties on a person for each violation by that person 

of this part or any regulation, order, or license issued under 

this part, for each violation: (A) A fine of not more than $300,000 or an amount 

that is twice the value of the transaction that is the basis 

of the violation with respect to which the penalty is 

imposed, whichever is greater. 

(B) Revocation of a license issued under this part to 

the person. 

(C) A prohibition on the person’s ability to export, 

reexport, or in-country transfer any items controlled under 

this part. 

(2) PROCEDURES.—Any civil penalty under this subsection 

may be imposed only after notice and opportunity for an agency 

hearing on the record in accordance with sections 554 through 

557 of title 5, United States Code. 

(3) STANDARDS FOR LEVELS OF CIVIL PENALTY.—The Secretary may by regulation provide standards for establishing 

levels of civil penalty under this subsection based upon factors 

such as the seriousness of the violation, the culpability of 

the violator, and such mitigating factors as the violator’s record 

of cooperation with the Government in disclosing the violation. 

(d) CRIMINAL FORFEITURE.— 

(1) IN GENERAL.—Any person who is convicted under subsection (b) of a violation of a control imposed under section 

1753 (or any regulation, order, or license issued with respect 

to such control) shall, in addition to any other penalty, forfeit 

to the United States any of the person’s property— 

(A) used or intended to be used, in any manner, to 

commit or facilitate the violation; 

(B) constituting or traceable to the gross proceeds 

taken, obtained, or retained, in connection with or as a 

result of the violation; or 

(C) constituting an item or technology that is exported 

or intended to be exported in violation of this title. 

(2) PROCEDURES.—The procedures in any forfeiture under 

this subsection shall be governed by the procedures established 

under section 413 of the Comprehensive Drug Abuse Prevention 

and Control Act of 1970 (21 U.S.C. 853), other than subsection 

(d) of such section. 

(e) PRIOR CONVICTIONS.— (1) LICENSE BAR.— 


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(A) IN GENERAL.—The Secretary may— 

(i) deny the eligibility of any person convicted of 

a criminal violation described in subparagraph (B) to 

export, reexport, or in-country transfer outside the 

United States any item, whether or not subject to 

controls under this part, for a period of up to 10 years 

beginning on the date of the conviction; and 

(ii) revoke any license or other authorization to 

export, reexport, or in-country transfer items that was 

issued under this part and in which such person has 

an interest at the time of the conviction. 

(B) VIOLATIONS.—The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt 

or conspiracy to violate— 

(i) this part (or any regulation, license, or order 

issued under this part); 

(ii) any regulation, license, or order issued under 

the International Emergency Economic Powers Act; 

(iii) section 371, 554, 793, 794, or 798 of title 

18, United States Code; 

(iv) section 1001 of title 18, United States Code; 

(v) section 4(b) of the Internal Security Act of 

1950 (50 U.S.C. 783(b)); or 

(vi) section 38 of the Arms Export Control Act 

(22 U.S.C. 2778). 

(2) APPLICATION TO OTHER PARTIES.—The Secretary may 

exercise the authority under paragraph (1) with respect to 

any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of 

trade or business, to any person convicted of any violation 

of law set forth in paragraph (1), upon a showing of such 

relationship with the convicted party, and subject to the procedures set forth in subsection (c)(2). 

(f) OTHER AUTHORITIES.—Nothing in subsection (c), (d), or (e) 

limits— 

(1) the availability of other administrative or judicial remedies with respect to violations of this part, or any regulation, 

order, license or other authorization issued under this part; 

(2) the authority to compromise and settle administrative 

proceedings brought with respect to violations of this part, 

or any regulation, order, license, or other authorization issued 

under this part; or 

(3) the authority to compromise, remit or mitigate seizures 

and forfeitures pursuant to section 1(b) of title VI of the Act 

of June 15, 1917 (22 U.S.C. 401(b)). 

SEC. 1761. ENFORCEMENT. 

(a) AUTHORITIES.—In order to enforce this part, the Secretary, 

on behalf of the President, may exercise, in addition to relevant 

enforcement authorities of other Federal agencies, the authority 

to— 

(1) issue orders and guidelines; 

(2) require, inspect, and obtain books, records, and any 

other information from any person subject to the provisions 

of this part; 

50 USC 4820. 


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(3) administer oaths or affirmations and by subpoena 

require any person to appear and testify or to appear and 

produce books, records, and other writings, or both; 

(4) conduct investigations within the United States and 

outside the United States consistent with applicable law; 

(5) inspect, search, detain, seize, or issue temporary denial 

orders with respect to items, in any form, that are subject 

to controls under this part, or conveyances on which it is 

believed that there are items that have been, are being, or 

are about to be exported, reexported, or in-country transferred 

in violation of this part, or any regulations, order, license, 

or other authorization issued thereunder; 

(6) carry firearms; 

(7) conduct prelicense inspections and post-shipment 

verifications; and 

(8) execute warrants and make arrests. 

(b) UNDERCOVER INVESTIGATIONS.— 

(1) IN GENERAL.—Amounts made available to carry out 

this part may be used by the Secretary to carry out undercover 

investigations that are necessary for detection and prosecution 

of violations of this part, including to— 

(A) purchase property, buildings, and other facilities, 

and to lease space, within the United States, the District 

of Columbia, and the territories and possessions of the 

United States without regard to— 

(i) sections 1341 and 3324 of title 31, United States 

Code; 

(ii) section 8141 of title 40, United States Code; 

(iii) sections 3901, 6301(a) and (b)(1) to (3), and 

6306 of title 41, United States Code; and 

(iv) chapter 45 of title 41, United States Code; 

and 

(B) establish or acquire proprietary corporations or 

business entities as part of the undercover operation and 

operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of 

title 31, United States Code. 

(2) DEPOSIT OF AMOUNTS IN BANKS OR OTHER FINANCIAL

INSTITUTIONS.—Amounts made available to carry out this part 

that are used to carry out undercover operations under paragraph (1) may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 

18, United States Code, and section 3302 of title 31, United 

States Code. 

(3) OFFSET OF NECESSARY AND REASONABLE EXPENSES.— 

Any proceeds from an undercover operation carried out under 

paragraph (1) may be used to offset necessary and reasonable 

expenses incurred in such undercover operation without regard 

to the provisions of section 3302 of title 31, United States 

Code. 

(4) DISPOSITION OF CORPORATIONS AND BUSINESS ENTI- TIES.—If a corporation or business entity established or 

acquired as part of an undercover operation carried out under 

paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Secretary shall 

report the circumstances to the Comptroller General of the 

United States as much in advance of such disposition as the 


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Secretary determines is practicable. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall 

be deposited in the Treasury of the United States as miscellaneous receipts. Any property or equipment purchased pursuant 

to paragraph (1) may be retained for subsequent use in undercover operations under this section. When such property or 

equipment is no longer needed, it shall be considered surplus 

and disposed of as surplus government property. 

(5) DEPOSIT OF PROCEEDS.—As soon as the proceeds from 

an undercover operation carried out under paragraph (1), with 

respect to which an action is certified and carried out under 

this subsection, are no longer needed for the conduct of such 

operation, the proceeds or the balance of such proceeds 

remaining at the time shall be deposited into the Treasury 

of the United States as miscellaneous receipts. 

(c) ENFORCEMENT OF SUBPOENAS.—In the case of contumacy 

by, or refusal to obey a subpoena issued to, any person under 

subsection (a)(3), a district court of the United States, after notice 

to such person and a hearing, shall have jurisdiction to issue 

an order requiring such person to appear and give testimony or 

to appear and produce books, records, and other writings, regardless 

of format, that are the subject of the subpoena. Any failure to 

obey such order of the court may be punished by such court as 

a contempt thereof. 

(d) BEST PRACTICE GUIDELINES.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

heads of other appropriate Federal agencies, should publish 

and update ‘‘best practices’’ guidelines to assist persons in 

developing and implementing, on a voluntary basis, effective 

export control programs in compliance with the regulations 

issued under this part. 

(2) EXPORT COMPLIANCE PROGRAM.—The implementation 

by a person of an effective export compliance program and 

a high quality overall export compliance effort by a person 

should ordinarily be given weight as mitigating factors in a 

civil penalty action against the person under this part. 

(e) REFERENCE TO ENFORCEMENT.—For purposes of this section, 

a reference to the enforcement of, or a violation of, this part includes 

a reference to the enforcement or a violation of any regulation, 

order, license or other authorization issued pursuant to this part. 

(f) WIRETAPPING.—Section 2516(1) of title 18, United States 

Code, is amended— 

(1) in subparagraph (s), by striking ‘‘or’’ at the end; 

(2) by redesignating subparagraph (t) as subparagraph (u); 

and 

(3) by inserting after subparagraph (s) (as amended by 

paragraph (1) of this subsection) the following new subparagraph: 

‘‘(t) any violation of the Export Control Reform Act 

of 2018; or’’. 

(g) IMMUNITY.—A person shall not be excused from complying 

with any requirements under this section because of the person’s 

privilege against self-incrimination, but the immunity provisions 

of section 6002 of title 18, United States Code, shall apply with 

respect to any individual who specifically claims such privilege. 

(h) CONFIDENTIALITY OF INFORMATION.— (1) EXEMPTIONS FROM DISCLOSURE.— 


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(A) IN GENERAL.—Information obtained under this part 

may be withheld from disclosure only to the extent permitted by statute, except that information described in 

subparagraph (B) shall be withheld from public disclosure 

and shall not be subject to disclosure under section 

552(b)(3) of title 5, United States Code, unless the release 

of such information is determined by the Secretary to be 

in the national interest. 

(B) INFORMATION DESCRIBED.—Information described 

in this subparagraph is information submitted or obtained 

in connection with an application for a license or other 

authorization to export, reexport, or in-country transfer 

items or engage in other activities, a recordkeeping or 

reporting requirement, an enforcement activity, or other 

operations under this part, including— 

(i) the license application, license, or other 

authorization itself; 

(ii) classification or advisory opinion requests, and 

the response thereto; 

(iii) license determinations, and information pertaining thereto; 

(iv) information or evidence obtained in the course 

of any investigation; and 

(v) information obtained or furnished in connection 

with any international agreement, treaty, or other 

obligation. 

(2) INFORMATION TO THE CONGRESS AND GAO.— 

(A) IN GENERAL.—Nothing in this section shall be construed as authorizing the withholding of information from 

the Congress or from the Government Accountability Office. 

(B) AVAILABILITY TO THE CONGRESS.— 

(i) IN GENERAL.—Any information obtained at any 

time under any provision of the Export Administration 

Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect on 

the day before the date of the enactment of this Act 

and as continued in effect pursuant to the International 

Emergency Economic Powers Act (50 U.S.C. 1701 et 

seq.)), under the Export Administration Regulations, 

or under this part, including any report or license 

application required under any such provision, shall 

be made available to a committee or subcommittee 

of Congress of appropriate jurisdiction, upon the 

request of the chairman or ranking minority member 

of such committee or subcommittee. 

(ii) PROHIBITION ON FURTHER DISCLOSURE.—No 

such committee or subcommittee, or member thereof, 

may disclose any information made available under 

clause (i), that is submitted on a confidential basis 

unless the full committee determines that the withholding of that information is contrary to the national 

interest. 

(C) AVAILABILITY TO GAO.— 

(i) IN GENERAL.—Information described in clause 

(i) of subparagraph (B) shall be subject to the limitations contained in section 716 of title 31, United States 

Code. 


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(ii) PROHIBITION ON FURTHER DISCLOSURE.—An 

officer or employee of the Government Accountability 

Office may not disclose, except to the Congress in 

accordance with this paragraph, any such information 

that is submitted on a confidential basis or from which 

any individual can be identified. 

(3) INFORMATION SHARING.— 

(A) IN GENERAL.—Any Federal official described in section 1755(a) who obtains information that is relevant to 

the enforcement of this part, including information pertaining to any investigation, shall furnish such information 

to each appropriate department, agency, or office with 

enforcement responsibilities under this section to the extent 

consistent with the protection of intelligence, counterintelligence, and law enforcement sources, methods, and activities. 

(B) EXCEPTIONS.—The provisions of this paragraph 

shall not apply to information subject to the restrictions 

set forth in section 9 of title 13, United States Code, and 

return information, as defined in subsection (b) of section 

6103 of the Internal Revenue Code of 1986 (26 U.S.C. 

6103(b)), may be disclosed only as authorized by that section. 

(C) EXCHANGE OF INFORMATION.—The President shall 

ensure that the heads of departments, agencies, and offices 

with enforcement authorities under this part, consistent 

with protection of law enforcement and its sources and 

methods— 

(i) exchange any licensing and enforcement 

information with one another that is necessary to facilitate enforcement efforts under this section; and 

(ii) consult on a regular basis with one another 

and with the head of other departments, agencies, 

and offices that obtain information subject to this paragraph, in order to facilitate the exchange of such 

information. 

(D) INFORMATION SHARING WITH FEDERAL AGENCIES.— 

Licensing or enforcement information obtained under this 

part may be shared with departments, agencies, and offices 

that do not have enforcement authorities under this part 

on a case-by-case basis. 

(i) REPORTING REQUIREMENTS.—In the administration of this 

section, reporting requirements shall be designed to reduce the 

cost of reporting, recordkeeping, and documentation to the extent 

consistent with effective enforcement and compilation of useful 

trade statistics. Reporting, recordkeeping, and documentation 

requirements shall be periodically reviewed and revised in the 

light of developments in the field of information technology. 

(j) CIVIL FORFEITURE.— 

(1) IN GENERAL.—Any property, real or personal, tangible 

or intangible, seized under subsection (a) by designated officers 

or employees shall be subject to forfeiture to the United States 

in accordance with applicable law. 

(2) PROCEDURES.—Any seizure or forfeiture under this subsection shall be carried out in accordance with the procedures 

set forth in section 981 of title 18, United States Code. 


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(k) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to limit or otherwise affect the enforcement authorities of 

the Department of Homeland Security which may also complement 

those set forth herein. 

SEC. 1762. ADMINISTRATIVE PROCEDURE. 

(a) IN GENERAL.—Except as provided in section 1760(c)(2)or 

1774(c), the functions exercised under this part shall not be subject 

to sections 551, 553 through 559, and 701 through 706 of title 

5, United States Code. 

(b) ADMINISTRATIVE LAW JUDGES.— (1) IN GENERAL.—The Secretary may— 

(A) appoint administrative law judges, consistent with 

the provisions of section 3105 of title 5, United States 

Code; and 

(B) designate properly appointed administrative law 

judges from other Federal agencies who are provided to 

the Department of Commerce pursuant to a legally authorized interagency agreement. 

(2) LIMITATION.—An administrative law judge appointed 

or designated by the Secretary under paragraph (1) may preside 

only over proceedings of the Department of Commerce. 

(c) AMENDMENTS TO REGULATIONS.—The President shall notify 

in advance the Committee on Banking, Housing, and Urban Affairs 

of the Senate and the Committee on Foreign Affairs of the House 

of Representatives of any proposed amendments to the Export 

Administration Regulations with an explanation of the intent and 

rationale of such amendments. 

SEC. 1763. REVIEW OF INTERAGENCY DISPUTE RESOLUTION PROCESS. 

(a) IN GENERAL.—The President shall review and evaluate the 

interagency export license referral, review, and escalation processes 

for dual-use items and munitions under the licensing jurisdiction 

of the Department of Commerce or any other Federal agency, as 

appropriate, to determine whether current practices and procedures 

are consistent with established national security and foreign policy 

objectives. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the President shall submit to the appropriate 

congressional committees a report that contains the results of the 

review carried out under subsection (a). 

(c) OPERATING COMMITTEE FOR EXPORT POLICY.—In any case 

in which the Operating Committee for Export Policy established 

by Executive Order 12981 (December 5, 1991; relating to Administration of Export Controls) is meeting to conduct an interagency 

dispute resolution relating to applications for export licenses under 

the Export Administration Regulations, matters relating to jet 

engine hot section technology, commercial communication satellites, 

and emerging or foundational technology may be decided by 

majority vote. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Banking, Housing, and Urban Affairs of the Senate. 

50 USC 4822. 

50 USC 4821. 


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132 STAT. 2232 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 1764. CONSULTATION WITH OTHER AGENCIES ON COMMODITY 

CLASSIFICATION. 

Notwithstanding any other provision of law, the Secretary shall 

consult with the Secretary of Defense, the Secretary of State, and 

the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, 

the Secretary of State, and the Secretary of Energy identify and 

mutually determine is materially significant enough to warrant 

interagency consultation. 

SEC. 1765. ANNUAL REPORT TO CONGRESS. 

(a) IN GENERAL.—The Secretary shall submit to Congress, by 

December 31 of each year, a report on the implementation of this 

part during the preceding fiscal year. The report shall include 

a review of— 

(1) the effect of controls imposed under this part on exports, 

reexports, and in-country transfers of items in addressing 

threats to the national security or foreign policy of the United 

States, including a description of licensing processing times; 

(2) the impact of such controls on the scientific and technological leadership of the United States; 

(3) the consistency with such controls of export controls 

imposed by other countries; 

(4) efforts to provide exporters with compliance assistance, 

including specific actions to assist small- and medium-sized 

businesses; 

(5) a summary of regulatory changes from the prior fiscal 

year; 

(6) a summary of export enforcement actions, including 

of actions taken to implement end-use monitoring of dualuse, military, and other items subject to the Export Administration Regulations; 

(7) a summary of approved license applications to proscribed persons; 

(8) efforts undertaken within the previous year to comply 

with the requirements of section 1759, including any critical 

technologies identified under such section and how or whether 

such critical technologies were controlled for export; and 

(9) a summary of industrial base assessments conducted 

during the previous year by the Department of Commerce, 

including with respect to counterfeit electronics, foundational 

technologies, and other research and analysis of critical technologies and industrial capabilities of key defense-related sectors. 

(b) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may contain a classified annex. 

SEC. 1766. REPEAL. 

(a) IN GENERAL.—The Export Administration Act of 1979 (50 

U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) 

(other than sections 11A, 11B, and 11C of such Export Administration Act of 1979) is repealed. 

(b) IMPLEMENTATION.—The President shall implement the 

amendment made by subsection (a) by exercising the authorities 

of the President under the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.). 

50 USC 4601 

note. 

22 USC 3108 

note; 50 USC 

4601 and note, 

4602–4605, 4606 

and note, 4607, 

4608, 4609 and 

note, 4610, 

4614–4023. 

50 USC 4601 

note. 

50 USC 4824. 

50 USC 4823. 


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SEC. 1767. EFFECT ON OTHER ACTS. 

(a) IN GENERAL.—Except as otherwise provided in this part, 

nothing contained in this part shall be construed to modify, repeal, 

supersede, or otherwise affect the provisions of any other laws 

authorizing control over the export or reexport of any item. 

(b) COORDINATION OF CONTROLS.— 

(1) IN GENERAL.—The authority granted to the President 

under this part shall be exercised in such manner so as to 

achieve effective coordination with the authority exercised 

under section 38 of the Arms Export Control Act (22 U.S.C. 

2778) and all other export control and sanctions authorities 

exercised by Federal departments and agencies, particularly 

the Department of State, the Department of the Treasury, 

and the Department of Energy. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

in order to achieve effective coordination described in paragraph 

(1), such Federal departments and agencies— 

(A) should continuously work to create enforceable 

regulations with respect to the export, reexport, and incountry transfer by United States and foreign persons of 

commodities, software, technology, and services to various 

end uses and end users for foreign policy and national 

security reasons; 

(B) should regularly work to reduce complexity in the 

system, including complexity caused merely by the existence of structural, definitional, and other non-policy based 

differences between and among different export control and 

sanctions systems; and 

(C) should coordinate controls on items exported, 

reexported, or in-country transferred in connection with 

a foreign military sale under chapter 2 of the Arms Export 

Control Act (22 U.S.C. 2761 et seq.) or a commercial sale 

under section 38 of the Arms Export Control Act to reduce 

as much unnecessary administrative burden as possible 

that is a result of differences between the exercise of those 

two authorities. 

(c) NONPROLIFERATION CONTROLS.—Nothing in this part shall 

be construed to supersede the procedures published by the President 

pursuant to section 309(c) of the Nuclear Non-Proliferation Act 

of 1978. 

SEC. 1768. TRANSITION PROVISIONS. 

(a) IN GENERAL.—All delegations, rules, regulations, orders, 

determinations, licenses, or other forms of administrative action 

that have been made, issued, conducted, or allowed to become 

effective under the Export Administration Act of 1979 (50 U.S.C. 

4601 et seq.) (as in effect on the day before the date of the enactment 

of this Act and as continued in effect pursuant to the International 

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), or the 

Export Administration Regulations, and are in effect as of the 

date of the enactment of this Act, shall continue in effect according 

to their terms until modified, superseded, set aside, or revoked 

under the authority of this part. 

(b) ADMINISTRATIVE AND JUDICIAL PROCEEDINGS.—This part 

shall not affect any administrative or judicial proceedings commenced, or any applications for licenses made, under the Export 

Administration Act of 1979 (as in effect on the day before the 

50 USC 4826. 

50 USC 4825. 


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date of the enactment of this Act and as continued in effect pursuant 

to the International Emergency Economic Powers Act), or the Export 

Administration Regulations. 

(c) CERTAIN DETERMINATIONS AND REFERENCES.— (1) STATE SPONSORS OF TERRORISM.—Any determination 

that was made under section 6(j) of the Export Administration 

Act of 1979 (as in effect on the day before the date of the 

enactment of this Act and as continued in effect pursuant 

to the International Emergency Economic Powers Act) shall 

continue in effect as if the determination had been made under 

section 1754(c). 

(2) REFERENCE.—Any reference in any other provision of 

law to a country the government of which the Secretary of 

State has determined, for purposes of section 6(j) of the Export 

Administration Act of 1979 (as in effect on the day before 

the date of the enactment of this Act and as continued in 

effect pursuant to the International Emergency Economic 

Powers Act), is a government that has repeatedly provided 

support for acts of international terrorism shall be deemed 

to refer to a country the government of which the Secretary 

of State has determined, for purposes of section 1754(c), is 

a government that has repeatedly provided support for acts 

of international terrorism. 

PART II—ANTI-BOYCOTT ACT OF 2018 

SEC. 1771. SHORT TITLE. 

This part may be cited as the ‘‘Anti-Boycott Act of 2018’’. 

SEC. 1772. STATEMENT OF POLICY. 

Congress declares it is the policy of the United States— 

(1) to oppose restrictive trade practices or boycotts fostered 

or imposed by any foreign country against other countries 

friendly to the United States or against any United States 

person; 

(2) to encourage and, in specified cases, require United 

States persons engaged in the export of goods or technology 

or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the 

restrictive trade practices or boycotts fostered or imposed by 

any foreign country against a country friendly to the United 

States or any United States person; and 

(3) to foster international cooperation and the development 

of international rules and institutions to assure reasonable 

access to world supplies. 

SEC. 1773. FOREIGN BOYCOTTS. 

(a) PROHIBITIONS AND EXCEPTIONS.— 

(1) PROHIBITIONS.—For the purpose of implementing the 

policies set forth in section 1772, the President shall issue 

regulations prohibiting any United States person, with respect 

to that person’s activities in the interstate or foreign commerce 

of the United States, from taking or knowingly agreeing to 

take any of the following actions with intent to comply with, 

further, or support any boycott fostered or imposed by any 

foreign country, against a country which is friendly to the 

50 USC 4842. 

50 USC 4841. 

50 USC 4801 

note. 

Anti-Boycott Act 

of 2018. 


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United States and which is not itself the object of any form 

of boycott pursuant to United States law or regulation: 

(A) Refusing, or requiring any other person to refuse, 

to do business with or in the boycotted country, with any 

business concern organized under the laws of the boycotted 

country, with any national or resident of the boycotted 

country, or with any other person, pursuant to an agreement with, a requirement of, or a request from or on 

behalf of the boycotting country. The mere absence of a 

business relationship with or in the boycotted country with 

any business concern organized under the laws of the boycotted country, with any national or resident of the boycotted country, or with any other person, does not indicate 

the existence of the intent required to establish a violation 

of regulations issued to carry out this subparagraph. 

(B) Refusing, or requiring any other person to refuse, 

to employ or otherwise discriminating against any United 

States person on the basis of race, religion, sex, or national 

origin of that person or of any owner, officer, director, 

or employee of such person. 

(C) Furnishing information with respect to the race, 

religion, sex, or national origin of any United States person 

or of any owner, officer, director, or employee of such person. 

(D) Furnishing information about whether any person 

has, has had, or proposes to have any business relationship 

(including a relationship by way of sale, purchase, legal 

or commercial representation, shipping or other transport, 

insurance, investment, or supply) with or in the boycotted 

country, with any business concern organized under the 

laws of the boycotted country, with any national or resident 

of the boycotted country, or with any other person which 

is known or believed to be restricted from having any 

business relationship with or in the boycotting country. 

Nothing in this subparagraph shall prohibit the furnishing 

of normal business information in a commercial context 

as defined by the Secretary. 

(E) Furnishing information about whether any person 

is a member of, has made contributions to, or is otherwise 

associated with or involved in the activities of any charitable or fraternal organization which supports the boycotted country. 

(F) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition 

or requirement compliance with which is prohibited by 

regulations issued pursuant to this paragraph, and no 

United States person shall, as a result of the application 

of this paragraph, be obligated to pay or otherwise honor 

or implement such letter of credit. 

(2) EXCEPTIONS.—Regulations issued pursuant to paragraph (1) shall provide exceptions for— 

(A) complying or agreeing to comply with requirements— 

(i) prohibiting the import of goods or services from 

the boycotted country or goods produced or services 

provided by any business concern organized under the 


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laws of the boycotted country or by nationals or residents of the boycotted country; or 

(ii) prohibiting the shipment of goods to the boycotting country on a carrier of the boycotted country, 

or by a route other than that prescribed by the boycotting country or the recipient of the shipment; 

(B) complying or agreeing to comply with import and 

shipping document requirements with respect to the 

country of origin, the name of the carrier and route of 

shipment, the name of the supplier of the shipment or 

the name of the provider of other services, except that 

no information knowingly furnished or conveyed in 

response to such requirements may be stated in negative, 

blacklisting, or similar exclusionary terms, other than with 

respect to carriers or route of shipment as may be permitted 

by such regulations in order to comply with precautionary 

requirements protecting against war risks and confiscation; 

(C) complying or agreeing to comply in the normal 

course of business with the unilateral and specific selection 

by a boycotting country, or national or resident thereof, 

of carriers, insurers, suppliers of services to be performed 

within the boycotting country or specific goods which, in 

the normal course of business, are identifiable by source 

when imported into the boycotting country; 

(D) complying or agreeing to comply with export 

requirements of the boycotting country relating to shipments or transshipments of exports to the boycotted 

country, to any business concern of or organized under 

the laws of the boycotted country, or to any national or 

resident of the boycotted country; 

(E) compliance by an individual or agreement by an 

individual to comply with the immigration or passport 

requirements of any country with respect to such individual 

or any member of such individual’s family or with requests 

for information regarding requirements of employment of 

such individual within the boycotting country; and 

(F) compliance by a United States person resident in 

a foreign country or agreement by such person to comply 

with the laws of that country with respect to his activities 

exclusively therein, and such regulations may contain 

exceptions for such resident complying with the laws or 

regulations of that foreign country governing imports into 

such country of trademarked, trade named, or similarly 

specifically identifiable products, or components of products 

for his own use, including the performance of contractual 

services within that country, as may be defined by such 

regulations. 

(3) SPECIAL RULES.—Regulations issued pursuant to paragraphs (2)(C) and (2)(F) shall not provide exceptions from paragraphs (1)(B) and (1)(C). 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

may be construed to supersede or limit the operation of the 

antitrust or civil rights laws of the United States. 

(5) APPLICATION.—This section shall apply to any transaction or activity undertaken, by or through a United States 

person or any other person, with intent to evade the provisions 


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of this section as implemented by the regulations issued pursuant to this subsection, and such regulations shall expressly 

provide that the exceptions set forth in paragraph (2) shall 

not permit activities or agreements (expressed or implied by 

a course of conduct, including a pattern of responses) otherwise 

prohibited, which are not within the intent of such exceptions. 

(b) FOREIGN POLICY CONTROLS.— 

(1) IN GENERAL.—In addition to the regulations issued 

pursuant to subsection (a), regulations issued under part I 

to carry out the policies set forth in section 1752(1)(D) shall 

implement the policies set forth in this section. 

(2) REQUIREMENTS.—Such regulations shall require that 

any United States person receiving a request for the furnishing 

of information, the entering into or implementing of agreements, or the taking of any other action referred to in subsection 

(a) shall report that fact to the Secretary, together with such 

other information concerning such request as the Secretary 

may require for such action as the Secretary considers appropriate for carrying out the policies of that section. Such person 

shall also report to the Secretary whether such person intends 

to comply and whether such person has complied with such 

request. Any report filed pursuant to this paragraph shall 

be made available promptly for public inspection and copying, 

except that information regarding the quantity, description, 

and value of any goods or technology to which such report 

relates may be kept confidential if the Secretary determines 

that disclosure thereof would place the United States person 

involved at a competitive disadvantage. The Secretary shall 

periodically transmit summaries of the information contained 

in such reports to the Secretary of State for such action as 

the Secretary of State, in consultation with the Secretary, considers appropriate for carrying out the policies set forth in 

section 1772. 

(c) PREEMPTION.—The provisions of this section and the regulations issued pursuant thereto shall preempt any law, rule, or regulation of any of the several States or the District of Columbia, or 

any of the territories or possessions of the United States, or of 

any governmental subdivision thereof, which law, rule, or regulation 

pertains to participation in, compliance with, implementation of, 

or the furnishing of information regarding restrictive trade practices 

or boycotts fostered or imposed by foreign countries against other 

countries friendly to the United States. 

SEC. 1774. ENFORCEMENT. 

(a) CRIMINAL PENALTY.—A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids 

or abets in the commission of, an unlawful act section 1773— 

(1) shall, upon conviction, be fined not more than 

$1,000,000; or 

(2) if a natural person, may be imprisoned for not more 

than 20 years, or both. 

(b) CIVIL PENALTIES.—The President may impose the following 

civil penalties on a person who violates section 1773 or any regulation issued under this part: 

(1) A fine of not more than $300,000 or an amount that 

is twice the value of the transaction that is the basis of the 

50 USC 4843. 


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132 STAT. 2238 PUBLIC LAW 115–232—AUG. 13, 2018 

violation with respect to which the penalty is imposed, whichever is greater. 

(2) Revocation of a license issued under part I to the 

person. 

(3) A prohibition on the person’s ability to export, reexport, 

or in-country transfer any items controlled under part I. 

(c) PROCEDURES.—Any civil penalty or administrative sanction 

(including any suspension or revocation of authority to export) 

under this section may be imposed only after notice and opportunity 

for an agency hearing on the record in accordance with sections 

554 through 557 of title 5, United States Code, and shall be subject 

to judicial review in accordance with chapter 7 of such title. 

(d) STANDARDS FOR LEVELS OF CIVIL PENALTY.—The President 

may by regulation provide standards for establishing levels of civil 

penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s 

record of cooperation with the Government in disclosing the violation. 

PART III—ADMINISTRATIVE AUTHORITIES 

SEC. 1781. UNDER SECRETARY OF COMMERCE FOR INDUSTRY AND 

SECURITY. 

(a) IN GENERAL.—On and after the date of the enactment 

of this Act, any reference in any law or regulation to the Under 

Secretary of Commerce for Export Administration shall be deemed 

to be a reference to the Under Secretary of Commerce for Industry 

and Security. 

(b) TITLE 5.—Section 5314 of title 5, United States Code, is 

amended by striking ‘‘Under Secretary of Commerce for Export 

Administration’’ and inserting ‘‘Under Secretary of Commerce for 

Industry and Security’’. 

(c) CONTINUATION IN OFFICE.—The individual serving as Under 

Secretary of Commerce for Export Administration on the day before 

the date of the enactment of this Act may serve as the Under 

Secretary of Commerce for Industry and Security on and after 

that date without the need for renomination or reappointment. 

Subtitle C—Miscellaneous 

SEC. 1791. EXTENSION OF AUTHORITY. 

Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 

4564(a)) is amended by striking ‘‘September 30, 2019’’ and inserting 

‘‘September 30, 2025’’. 

SEC. 1792. LIMITATION ON CANCELLATION OF DESIGNATION OF SECRETARY OF THE AIR FORCE AS DEPARTMENT OF 

DEFENSE EXECUTIVE AGENT FOR A CERTAIN DEFENSE 

PRODUCTION ACT PROGRAM. 

(a) LIMITATION ON CANCELLATION OF DESIGNATION.—The Secretary of Defense may not implement the decision, issued on July 

1, 2017, to cancel the designation, under Department of Defense 

Directive 4400.01E, entitled ‘‘Defense Production Act Programs’’ 

and dated October 12, 2001, of the Secretary of the Air Force 

as the Department of Defense Executive Agent for the program 

carried out under title III of the Defense Production Act of 1950 

50 USC 4531 

note. 

50 USC 4861. 


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(50 U.S.C. 4531 et seq.) until the date specified in subsection 

(c). 

(b) DESIGNATION.—The Secretary of the Air Force shall continue 

to serve as the sole and exclusive Department of Defense Executive 

Agent for the program described in subsection (a) until the date 

specified in subsection (c). 

(c) DATE SPECIFIED.—The date specified in this subsection is 

the date of the enactment of a joint resolution or an Act approving 

the implementation of the decision described in subsection (a). 

SEC. 1793. REVIEW OF AND REPORT ON CERTAIN DEFENSE TECHNOLOGIES CRITICAL TO THE UNITED STATES 

MAINTAINING SUPERIOR MILITARY CAPABILITIES. 

(a) REVIEW REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense and the 

Director of National Intelligence, in consultation with the Air Force 

Research Laboratory, the Defense Advanced Projects Research 

Agency, and such other appropriate research entities as the Secretary and the Director may identify, shall— 

(1) jointly carry out and complete a review of key national 

security technology capability advantages, competitions, and 

gaps between the United States and ‘‘near peer’’ nations; 

(2) develop a definition of ‘‘near peer nation’’ for purposes 

of paragraph (1); and 

(3) submit to the appropriate congressional committees a 

report on the findings of the Secretary and the Director with 

respect to the review conducted under paragraph (1). 

(b) ELEMENTS.—The review conducted under paragraph (1) of 

subsection (a), and the report required by paragraph (3) of that 

subsection, shall identify, at a minimum, the following: 

(1) Key United States industries and research and development activities expected to be critical to maintaining a national 

security technology capability if, during the 5-year period beginning on the date of the enactment of this Act, the Secretary 

and the Director anticipate that— 

(A) a United States industrial base shortfall will exist; 

and 

(B) United States industry will be unable to or otherwise will not provide the needed capacity in a timely 

manner without financial assistance from the United States 

Government through existing statutory authorities specifically intended for that purpose, including assistance provided under title III of the Defense Production Act of 1950 

(50 U.S.C. 4531 et seq.) and other appropriate authorities. 

(2) Key areas in which the United States currently enjoys 

a technological advantage. 

(3) Key areas in which the United States no longer enjoys 

a technological advantage. 

(4) Sectors of the defense industrial base in which the 

United States lacks adequate productive capacity to meet critical national defense needs. 

(5) Priority areas for which appropriate statutory industrial 

base incentives should be applied as the most cost-effective, 

expedient, and practical alternative for meeting the technology 

or defense industrial base needs identified under this subsection, including— 


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(A) sustainment of critical production and supply chain 

capabilities; 

(B) commercialization of research and development 

investments; 

(C) scaling of emerging technologies; and 

(D) other areas as determined by the Secretary and 

the Director. 

(6) Priority funding recommendations with respect to key 

areas that the Secretary, in consultation with the Director, 

determines are— 

(A) critical to the United States maintaining superior 

military capabilities, especially with respect to potential 

peer and near peer military or economic competitors, during 

the 5-year period beginning on the date of the enactment 

of this Act; and 

(B) suitable for long-term investment from funds made 

available under title III of the Defense Production Act 

of 1950 and other appropriate statutory authorities. 

(c) FORM OF REPORT.—The report required by subsection (a)(3) 

shall be submitted in unclassified form, but may include a classified 

annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Banking, Housing and Urban Affairs, 

the Committee on Armed Services, and the Select Committee 

on Intelligence of the Senate; and 

(2) the Committee on Financial Services, the Committee 

on Armed Services, and the Permanent Select Committee on 

Intelligence of the House of Representatives. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2019’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER FIVE YEARS.—Except 

as provided in subsection (b), all authorizations contained in titles 

XXI through XXVII and title XXIX for military construction projects, 

land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment 

Program (and authorizations of appropriations therefor) shall expire 

on the later of— 

(1) October 1, 2023; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2024. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2019. 


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(1) October 1, 2023; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2024 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

SEC. 2003. EFFECTIVE DATE. 

Titles XXI through XXVII and title XXIX shall take effect 

on the later of— 

(1) October 1, 2018; or 

(2) the date of the enactment of this Act. 

TITLE XXI—ARMY MILITARY 

CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Authorization of appropriations, Army. 

Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects. 

Sec. 2105. Extension of authorizations of certain fiscal year 2016 project. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation Amount 

Alabama .................. Anniston Army Depot .............................. $5,200,000 

California ................ Fort Irwin ................................................. $29,000,000 

Colorado .................. Fort Carson ............................................... $77,000,000 

Georgia .................... Fort Gordon .............................................. $99,000,000 

Hawaii ..................... Wheeler Army Airfield ............................. $50,000,000 

Indiana .................... Crane Army Ammunition Plant .............. $16,000,000 

Kentucky ................. Fort Campbell ........................................... $50,000,000 

Fort Knox .................................................. $26,000,000 

Maryland ................ Fort Meade ............................................... $16,500,000 

New Jersey ............. Picatinny Arsenal ..................................... $41,000,000 

New Mexico ............ White Sands Missile Range ..................... $40,000,000 

New York ................ U.S. Military Academy ............................ $160,000,000 

North Carolina ....... Fort Bragg ................................................ $10,000,000 

South Carolina ....... Fort Jackson ............................................. $52,000,000 

Texas ....................... Fort Bliss .................................................. $24,000,000 

Fort Hood .................................................. $9,600,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out the 

10 USC 2687 

note. 


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military construction project for the installations or locations outside 

the United States, and in the amount, set forth in the following 

table: 

Army: Outside the United States 

Country Installation Amount 

Germany ................. East Camp Grafenwoehr .......................... $31,000,000 

Honduras .................. Soto Cano Air Base ................................... $21,000,000 

Korea ........................ Camp Tango .............................................. $17,500,000 

Kuwait ...................... Camp Arifjan ............................................. $44,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the 

Army may construct or acquire family housing units (including 

land acquisition and supporting facilities) at the installations or 

locations, in the number of units, and in the amounts set forth 

in the following table: 

Army: Family Housing 

State/Country Installation Units Amount 

Puerto Rico ......... Fort Buchanan .. Family Housing 

Replacement 

Construction .. $26,000,000 

Wisconsin ........... Fort McCoy ....... Family Housing 

New Construction ................. $6,200,000 

Italy .................... Vicenza .............. Family Housing 

New Construction ................. $95,134,000 

Korea .................. Camp Walker .... Family Housing 

Replacement 

Construction .. $68,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2103(a) 

and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Army 

may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed 

$18,326,000. 

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2243 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the total amount authorized to 

be appropriated under subsection (a), as specified in the funding 

table in section 4601. 

SEC. 2104. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2015 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2015 (division B 

of Public Law 113–291; 128 Stat. 3669), the authorizations set 

forth in the table in subsection (b), as provided in section 2101 

of that Act (128 Stat. 3670), shall remain in effect until October 

1, 2019, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2020, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2015 Project Authorization 

State/Country Installation Project Amount 

California ............ Military Ocean 

Terminal, 

Concord.

Access Control 

Point .............. $9,900,000 

Japan .................. Kadena Air Base Missile Magazine ................. $10,600,000 

SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2016 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2016 (division B 

of Public Law 114–92; 129 Stat. 1145) the authorization set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (129 Stat. 1146), shall remain in effect until October 1, 2023, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2024, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2016 Project Authorization 

Virginia ............................. Arlington National Cemetery (DAR) ..................... $60,000,000 

TITLE XXII—NAVY MILITARY 

CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(a) 


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132 STAT. 2244 PUBLIC LAW 115–232—AUG. 13, 2018 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ................ Camp Navajo .................................... $14,800,000 

California ............. Marine Corps Base Camp Pendleton ............................................ $127,930,000 

Marine Corps Air Station Miramar $31,980,000 

Naval Air Station Lemoore ............. $127,590,000 

Naval Base Coronado ...................... $77,780,000 

Naval Base San Diego ..................... $176,040,000 

Naval Base Ventura ........................ $53,160,000 

Naval Weapons Station Seal Beach $139,630,000 

District of Columbia.Naval Observatory ........................... $115,600,000 

Florida ................. Naval Air Station Whiting Field .... $10,000,000 

Naval Station Mayport .................... $111,460,000 

Georgia ................ Marine Corps Logistics Base Albany ............................................... $31,900,000 

Guam ................... Joint Region Marianas .................... $279,657,000 

Naval Base Guam ............................ $75,600,000 

Hawaii ................. Joint Base Pearl Harbor-Hickam ... $123,320,000 

Marine Corps Base Hawaii ............. $66,100,000 

Maine ................... Portsmouth Naval Yard .................. $149,685,000 

Mississippi ........... Naval Construction Battalion Center .................................................. $22,300,000 

North Carolina .... Marine Corps Base Camp Lejeune $51,300,000 

Marine Corps Air Station Cherry 

Point .............................................. $240,830,000 

Pennsylvania ....... Naval Support Activity Philadelphia ............................................... $71,050,000 

South Carolina .... Marine Corps Air Station Beaufort $15,817,000 

Marine Corps Recruit Depot, Parris Island ....................................... $35,190,000 

Utah ..................... Hill Air Force Base .......................... $105,520,000 

Virginia ................ Marine Corps Base Quantico .......... $13,100,000 

Portsmouth ....................................... $26,120,000 

Washington ......... Bangor .............................................. $88,960,000 

Naval Air Station Whidbey Island $27,380,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installation or location outside the 

United States, and in the amounts, set forth in the following table: 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2245 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahamas .............. Andros Island ................................... $31,050,000 

Bahrain ............... SW Asia ............................................ $26,340,000 

Cuba ..................... Naval Station Guantanamo Bay .... $104,700,000 

Germany .............. Panzer Kaserne ................................ $43,950,000 

Japan ................... Kadena Air Base .............................. $9,049,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the 

Navy may construct or acquire family housing units (including 

land acquisition and supporting facilities) at the installations or 

locations, in the number of units, and in the amounts set forth 

in the following table: 

Navy: Family Housing 

Country Installation Units Amount 

Guam .................. Joint Region 

Marianas ....... Replace Andersen Housing 

PH III ............ $83,441,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204(a) 

and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Navy 

may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,502,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Navy may improve existing military family housing 

units in an amount not to exceed $16,638,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy, 

as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the total amount authorized to 


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132 STAT. 2246 PUBLIC LAW 115–232—AUG. 13, 2018 

be appropriated under subsection (a), as specified in the funding 

table in section 4601. 

TITLE XXIII—AIR FORCE MILITARY 

CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain phased project authorized 

in fiscal years 2015, 2016, and 2017. Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project. 

Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project. 

Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects. 

Sec. 2309. Additional authority to carry out project at Travis Air Force Base, California, in fiscal year 2019. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations inside 

the United States, and in the amounts, set forth in the following 

table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ............................ Eielson Air Force Base .... $63,800,000 

Arizona .......................... Davis-Monthan Air Force 

Base.

$15,000,000 

Luke Air Force Base ........ $40,000,000 

Florida ........................... Eglin Air Force Base ....... $62,863,000 

MacDill Air Force Base ... $3,100,000 

Patrick Air Force Base .... $9,000,000 

Guam ............................. Joint Region Marianas .... $9,800,000 

Louisiana ....................... Barksdale Air Force Base $12,250,000 

Mariana Islands ............ Tinian ............................... $50,700,000 

Maryland ....................... Joint Base Andrews ......... $58,000,000 

Massachusetts ............... Hanscom Air Force Base $225,000,000 

Nebraska ....................... Offutt Air Force Base ...... $9,500,000 

Nevada ........................... Creech Air Force Base ..... $59,000,000 

Nellis Air Force Base ...... $5,900,000 

New Mexico ................... Holloman Air Force Base $85,000,000 

Kirtland Air Force Base .. $7,000,000 

New York ....................... Rome Lab ......................... $14,200,000 

North Dakota ................ Minot Air Force Base ...... $66,000,000 

Ohio ................................ Wright-Patterson Air 

Force Base.

$182,000,000 

Oklahoma ...................... Altus Air Force Base ....... $12,000,000 

Tinker Air Force Base ..... $166,000,000 

South Carolina .............. Shaw Air Force Base ....... $53,000,000 

Utah ............................... Hill Air Force Base .......... $26,000,000 

Washington ................... Fairchild-White Bluff ...... $14,000,000 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2247 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(a) 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installation or location outside 

the United States, and in the amount, set forth in the following 

table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

United Kingdom ............. Royal Air Force 

Lakenheath.

$148,467,000 

Worldwide Classified ...... Classified Location ......... $18,000,000 

SEC. 2302. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2304(a) and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Air Force may carry out architectural and 

engineering services and construction design activities with respect 

to the construction or improvement of family housing units in 

an amount not to exceed $3,199,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Air Force may improve existing military family 

housing units in an amount not to exceed $75,247,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force, as specified in the funding table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2301 of this Act may not exceed the total amount authorized to 

be appropriated under subsection (a), as specified in the funding 

table in section 4601. 

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

PHASED PROJECT AUTHORIZED IN FISCAL YEARS 2015, 

2016, AND 2017. 

In the case of the authorization contained in the table in 

section 2301(b) of the Military Construction Authorization Act for 

Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 

3679) for Royal Air Force Croughton, for JIAC Consolidation Phase 

1, the authorization contained in the table in section 2301(b) of 

the Military Construction Authorization Act for Fiscal Year 2016 


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132 STAT. 2248 PUBLIC LAW 115–232—AUG. 13, 2018 

(division B of Public Law 114–92; 129 Stat. 1153) for Croughton 

Royal Air Force, for JIAC Consolidation Phase 2, and the authorization contained in the table in section 2301(b) of the Military 

Construction Authorization Act for Fiscal Year 2017 (division B 

of Public Law 114–328; 130 Stat. 2697) for Royal Air Force 

Croughton, for JIAC Consolidation Phase 3, the location shall be 

United Kingdom, Unspecified. 

SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2017 PROJECT. 

In the case of the authorization contained in the table in 

section 2301(a) of the Military Construction Authorization Act for 

Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 

2696) for Joint Base San Antonio, Texas, for construction of a 

basic military training recruit dormitory, the Secretary of the Air 

Force may construct a 26,537 square meter dormitory in the amount 

of $92,300,000. 

SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2018 PROJECT. 

In the case of the authorization contained in the table in 

section 2301(a) of the Military Construction Authorization Act for 

Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1825) 

for the United States Air Force Academy, Colorado, for construction 

of a cyberworks facility, the Secretary of the Air Force may construct 

a facility of up to 4,462 square meters that includes two real 

property gifts of construction of 929 and 465 square meters if 

such gift is accepted by the Secretary in accordance with section 

2601 of title 10, United States Code. 

SEC. 2308. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL 

YEAR 2019 PROJECTS. 

(a) PROJECT AUTHORIZATIONS.—The Secretary of the Air Force 

may carry out military construction projects to construct— 

(1) a 6,702 square meter Joint Simulation Environment 

Facility at Edwards Air Force Base, California, in the amount 

of $43,000,000; 

(2) a 4,833 square meter Cyberspace Test Facility at Eglin 

Air Force Base, Florida, in the amount of $38,000,000; and 

(3) a 4,735 square meter Joint Simulation Environment 

Facility at Nellis Air Force Base, Nevada, in the amount of 

$30,000,000. 

(b) USE OF RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

FUNDS.—As provided for in the Defense Laboratory Modernization 

Pilot Program authorized by section 2803 of the Military Construction Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 1169), the Secretary may use funds available for research, 

development, test, and evaluation for the projects described in subsection (a). 

SEC. 2309. ADDITIONAL AUTHORITY TO CARRY OUT PROJECT AT 

TRAVIS AIR FORCE BASE, CALIFORNIA, IN FISCAL YEAR 

2019. 

The Secretary of the Air Force may carry out a military 

construction project to construct a 150,000 square foot high-bay 

air cargo pallet storage and marshaling enclosure integral to 

installation of a mechanized material handling system at Travis 

Air Force Base, California, in the amount of $35,000,000. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2249 

TITLE XXIV—DEFENSE AGENCIES 

MILITARY CONSTRUCTION 

Sec. 2401. Authorized defense agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, defense agencies. 

Sec. 2404. Extension of authorizations of certain fiscal year 2015 projects. 

Sec. 2405. Authorization of certain fiscal year 2018 project. 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alaska ............................... Clear Air Force Station ............... $174,000,000 

Fort Greely ................................... $8,000,000 

Joint Base Elmendorf-Richardson ............................................. $14,000,000 

Arkansas ........................... Little Rock Air Force Base .......... $14,000,000 

California .......................... Marine Corps Base Camp Pendleton ......................................... $12,596,000 

Defense Distribution DepotTracy .......................................... $18,800,000 

Naval Base Coronado .................. $71,088,000 

Colorado ............................ Fort Carson .................................. $24,297,000 

Conus Classified ............... Classified Location ....................... $49,222,000 

Kentucky ........................... Fort Campbell .............................. $82,298,000 

Maine ................................ Kittery ........................................... $11,600,000 

Maryland ........................... Fort Meade ................................... $805,000,000 

Missouri ............................ St. Louis ........................................ $447,800,000 

New Jersey ...................... Joint Base McGuire-DixLakehurst .................................. $10,200,000 

North Carolina ................ Fort Bragg .................................... $32,366,000 

Marine Corps Air Station New 

River .......................................... $32,580,000 

Oklahoma .......................... McAlester ...................................... $7,000,000 

Texas ................................. Joint Base San Antonio ............... $10,200,000 

Red River Army Depot ................ $71,500,000 

Virginia ............................. Fort A.P. Hill ................................ $11,734,000 

Fort Belvoir .................................. $6,127,000 

Humphreys Engineer Center ...... $20,257,000 

Joint Base Langley-Eustis .......... $12,700,000 

Pentagon ....................................... $35,850,000 

Training Center Dam Neck ......... $8,959,000 

Washington ....................... Joint Base Lewis-McChord ......... $26,200,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for military construction projects outside the United 


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132 STAT. 2250 PUBLIC LAW 115–232—AUG. 13, 2018 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Belgium .................. Chievres Air Base ................................... $14,305,000 

Germany ................. Baumholder ............................................. $11,504,000 

Kaiserslautern Air Base ......................... $99,955,000 

Wiesbaden ............................................... $56,048,000 

Cuba ....................... Naval Station Guantanamo Bay ........... $9,080,000 

Japan ...................... Camp McTureous .................................... $94,851,000 

Iwakuni ................................................... $33,200,000 

Kadena Air Base ..................................... $21,400,000 

Yokosuka ................................................. $170,386,000 

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, 

the Secretary of Defense may carry out energy conservation projects 

under chapter 173 of title 10, United States Code. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and 

military family housing functions of the Department of Defense 

(other than the military departments), as specified in the funding 

table in section 4601. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the total amount authorized to 

be appropriated under subsection (a), as specified in the funding 

table in section 4601. 

SEC. 2404. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2015 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2015 (division B 

of Public Law 113–291; 128 Stat. 3669), the authorizations set 

forth in the table in subsection (b), as provided in section 2401 

of that Act (128 Stat. 3681) and as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 2018 

(division B of Public Law 115–91; 131 Stat. 1831), shall remain 

in effect until October 1, 2019, or the date of the enactment of 

an Act authorizing funds for military construction for fiscal year 

2020, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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Defense Agencies: Extension of 2015 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Japan ......... Commander Fleet 

Activities Sasebo E.J. King High 

School Replacement/Renovation ................... $37,681,000 

Japan ......... Okinawa ................. Kubasaki High 

School Replacement/Renovation ................... $99,420,000 

New Mexico Cannon AFB .......... SOF Squadron 

Operations Facility (STS) ....... $23,333,000 

Virginia ...... Pentagon ................ Redundant 

Chilled Water 

Loop ................. $15,100,000 

SEC. 2405. AUTHORIZATION OF CERTAIN FISCAL YEAR 2018 PROJECT. 

The table in section 2401(a) of the National Defense Authorization Act for Fiscal Year 2018 (division B of Public Law 105–91) 

is amended by inserting after the item relating to South Carolina 

the following new item: 

Texas .................... Fort Bliss Blood 

Processing Center $8,300,000 

TITLE XXV—INTERNATIONAL 

PROGRAMS 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

Subtitle B—Host Country In-kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 


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132 STAT. 2252 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

(a) AUTHORIZATION.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for 

contributions by the Secretary of Defense under section 2806 of 

title 10, United States Code, for the share of the United States 

of the cost of projects for the North Atlantic Treaty Organization 

Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. When the United States 

is designated as the Host Nation for the purposes of executing 

a project under the NATO Security Investment Program (NSIP), 

the Department of Defense construction agent may recognize the 

NATO project authorization amounts as budgetary resources to 

incur obligations for the purposes of executing the NSIP project. 

(b) AUTHORITY TO RECOGNIZE NATO AUTHORIZATION AMOUNTS

AS BUDGETARY RESOURCES FOR PROJECT EXECUTION.—When the 

United States is designated as the Host Nation for the purposes 

of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may 

recognize the NATO project authorization amounts as budgetary 

resources to incur obligations for the purposes of executing the 

NSIP project. 

Subtitle B—Host Country In-kind 

Contributions 

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS. 

Pursuant to agreement with the Republic of Korea for required 

in-kind contributions, the Secretary of Defense may accept military 

construction projects for the installations or locations, and in the 

amounts, set forth in the following table: 

Republic of Korea Funded Construction Projects 

Country Component 

Installation 

or Location Project Amount 

Korea ..... Army ..... Camp Carroll .......... Upgrade Electrical Distribution, Phase 2 ... $52,000,000 

Army ..... Camp 

Humphreys .... Site Development $7,800,000 

Army ..... Camp 

Humphreys .... Air Support Operations Squadron .................... $25,000,000 

Army ..... Camp 

Humphreys .... Unaccompanied 

Enlisted Personnel Housing, 

P2 ..................... $76,000,000 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2253 

Republic of Korea Funded Construction Projects—Continued 

Country Component 

Installation 

or Location Project Amount 

Army ..... Camp 

Humphreys .... Echelon Above 

Brigade Engineer Battalion, 

VMF ................. $123,000,000 

Army ..... Camp 

Walker ... Repair/Replace 

Sewer Piping 

System ............. $8,000,000 

Navy ...... Chinhae ..... Indoor Training 

Pool .................. $7,400,000 

Navy ...... Pohang Air 

Base ....... Replace Ordnance 

Storage Magazines ................. $87,000,000 

Air Force Gimhae Air 

Base ....... Airfield Damage 

Repair Warehouse ................ $7,600,000 

Air Force Gwangju 

Air Base Airfield Damage 

Repair Warehouse ................ $7,600,000 

Air Force Kunsan Air 

Base ....... Explosive Ordnance Disposal 

Facility ............. $8,000,000 

Air Force Kunsan Air 

Base ....... Upgrade FlowThrough Fuel 

System ............. $23,000,000 

Air Force Osan Air 

Base ....... 5th Reconnaissance 

Squadron Aircraft Shelter .... $12,000,000 

Air Force Osan Air 

Base ....... Airfield Damage 

Repair Facility $22,000,000 

Air Force Osan Air 

Base ....... Communications 

HQ Building .... $45,000,000 

Air Force Suwon Air 

Base ....... Airfield Damage 

Repair Warehouse ................ $7,200,000 


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132 STAT. 2254 PUBLIC LAW 115–232—AUG. 13, 2018 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Subtitle A—Project Authorizations and 

Authorization of Appropriations 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project. 

Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project. 

Sec. 2613. Additional authority to carry out certain fiscal year 2019 project. 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army National Guard 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Army National Guard 

State Location Amount 

Alaska ..................... Joint Base Elmendorf-Richardson ......... $27,000,000 

Illinois ..................... Marseilles Training Center .................... $5,000,000 

Montana ................. Malta ....................................................... $15,000,000 

Nevada .................... North Las Vegas ..................................... $32,000,000 

New Hampshire ..... Pembroke ................................................. $12,000,000 

North Dakota ......... Fargo ........................................................ $32,000,000 

Ohio ........................ Camp Ravenna ........................................ $7,400,000 

Oklahoma ............... Lexington ................................................. $11,000,000 

Oregon .................... Boardman ................................................ $11,000,000 

South Dakota ......... Rapid City ............................................... $15,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army Reserve locations 

inside the United States, and in the amounts, set forth in the 

following table: 


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Army Reserve: Inside the United States 

State Location Amount 

California ............... Barstow .................................................... $34,000,000 

Washington ............ Yakima Training Center ........................ $23,000,000 

Wisconsin ............... Fort McCoy .............................................. $23,000,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the Navy Reserve and Marine 

Corps Reserve locations inside the United States, and in the 

amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California ............... Naval Weapons Station Seal Beach ...... $21,740,000 

Georgia ................... Fort Benning ........................................... $13,630,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the Air National Guard 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Air National Guard 

State Location Amount 

California ............... Channel Islands Air National Guard 

Station.

$8,000,000 

Hawaii .................... Joint Base Pearl Harbor-Hickam .......... $17,000,000 

llinois ...................... Greater Peoria Regional Airport ........... $9,000,000 

Louisiana ................ Naval Air Station Joint Reserve Base 

New Orleans.

$39,000,000 

Minnesota ............... Duluth International Airport ................. $8,000,000 

Montana ................. Great Falls International Airport ......... $9,000,000 

New York ............... Francis S. Gabreski Airport ................... $20,000,000 

Ohio ........................ Mansfield Lahm Airport ........................ $13,000,000 

Rickenbacker International Airport ...... $8,000,000 

Pennsylvania .......... Fort Indiantown Gap .............................. $8,000,000 

Virginia ................... Joint Base Langley-Eustis ..................... $10,000,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 


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and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the Air Force Reserve 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Air Force Reserve 

State Location Amount 

Florida .................... Patrick Air Force Base ........................... $24,000,000 

Indiana ................... Grissom Air Reserve Base ..................... $21,500,000 

Massachusetts ........ Westover Air Reserve Base .................... $42,600,000 

Mississippi .............. Keesler Air Force Base ........................... $4,550,000 

New York ............... Niagara Falls International Airport ..... $14,000,000 

Ohio ........................ Youngstown Air Reserve Station ........... $8,800,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2018, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), as specified in the 

funding table in section 4601. 

Subtitle B—Other Matters 

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2016 PROJECT. 

In the case of the authorization contained in the table in 

section 2603 of the Military Construction Authorization Act for 

Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1164) 

for construction of a Reserve Training Center Complex at Dam 

Neck, Virginia, the Secretary of the Navy may construct the Reserve 

Training Center Complex at Joint Expeditionary Base Little CreekStory, Virginia. 

SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2018 PROJECT. 

In the case of the authorization contained in the table in 

section 2601 of the Military Construction Authorization Act for 

Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1834) 

for Fort Belvoir, Virginia, for additions and alterations to the 

National Guard Readiness Center, the Secretary of the Army may 

construct a new readiness center. 

SEC. 2613. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL 

YEAR 2019 PROJECT. 

(a) PROJECT AUTHORIZATION.— (1) PROJECT.—The Secretary of the Navy may carry out 

a military construction project to construct a 50,000 square 

foot reserve training center, 6,600 square foot combat vehicle 

maintenance and storage facility, 2,400 square foot vehicle wash 

rack, 1,600 square foot covered training area, road improvements, and associated supporting facilities. 


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(2) ACQUISITION OF LAND.—As part of the project under 

this subsection, the Secretary may acquire approximately 8.5 

acres of adjacent land and obtain necessary interest in land 

at Pittsburgh, Pennsylvania, for the construction and operation 

of the reserve training center. 

(3) AMOUNT OF AUTHORIZATION.—The total amount of funds 

the Secretary may obligate and expend on activities under 

this subsection during fiscal year 2019 may not exceed 

$17,650,000. 

(b) USE OF UNOBLIGATED PRIOR-YEAR NAVY MILITARY

CONSTRUCTION RESERVE FUNDS.—The Secretary may use available, 

unobligated Navy military construction reserve funds for the project 

described in subsection (a). 

(c) CONGRESSIONAL NOTIFICATION.—The Secretary of the Navy 

shall provide information in accordance with section 2851(c) of 

title 10, United States Code, regarding the project described in 

subsection (a). If it becomes necessary to exceed the estimated 

project cost, the Secretary shall utilize the authority provided by 

section 2853 of such title regarding authorized cost and scope of 

work variations. 

TITLE XXVII—BASE REALIGNMENT AND 

CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. 

Sec. 2702. Additional authority to realign or close certain military installations. 

Sec. 2703. Prohibition on conducting additional base realignment and closure 

(BRAC) round. 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2018, for base realignment and closure activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account established by section 2906 of 

such Act (as amended by section 2711 of the Military Construction 

Authorization Act for Fiscal Year 2013 (division B of Public Law 

112–239; 126 Stat. 2140)), as specified in the funding table in 

section 4601. 

SEC. 2702. ADDITIONAL AUTHORITY TO REALIGN OR CLOSE CERTAIN 

MILITARY INSTALLATIONS. 

(a) AUTHORIZATION.—Notwithstanding sections 993 or 2687 of 

title 10, United States Code, and subject to subsection (d), the 

Secretary of Defense may take such actions as may be necessary 

to carry out the realignment or closure of a military installation 

in a State during a fiscal year if— 

(1) the military installation is the subject of a notice which 

is described in subsection (b); and 

(2) the Secretary includes the military installation in the 

report submitted under paragraph (2) of subsection (c) with 

respect to the fiscal year. 

10 USC 2687 

note. 


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(b) NOTICE FROM GOVERNOR OF STATE.—A notice described 

in this subsection is a notice received by the Secretary of Defense 

from the Governor of a State (or, in the case of the District of 

Columbia, the Mayor of the District of Columbia) in which the 

Governor recommends that the Secretary carry out the realignment 

or closure of a military installation located in the State, and which 

includes each of the following elements: 

(1) A specific description of the military installation, or 

a specific description of the relevant real and personal property. 

(2) Statements of support for the realignment or closure 

from units of local government in which the installation is 

located. 

(3) A detailed plan for the reuse or redevelopment of the 

real and personal property of the installation, together with 

a description of the local redevelopment authority which will 

be responsible for the implementation of the plan. 

(c) RESPONSE TO NOTICE.— 

(1) MANDATORY RESPONSE TO GOVERNOR AND CONGRESS.— 

Not later than 1 year after receiving a notice from the Governor 

of a State (or, in the case of the District of Columbia, from 

the Mayor of the District of Columbia), the Secretary of Defense 

shall submit a response to the notice to the Governor and 

the congressional defense committees indicating whether or 

not the Secretary accepts the recommendation for the realignment or closure of a military installation which is the subject 

of the notice. 

(2) ACCEPTANCE OF RECOMMENDATION.—If the Secretary 

of Defense determines that it is in the interests of the United 

States to accept the recommendation for the realignment or 

closure of a military installation which is the subject of a 

notice received under subsection (b) and intends to carry out 

the realignment or closure of the installation pursuant to the 

authority of this section during a fiscal year, at the time the 

budget is submitted under section 1105(a) of title 31, United 

States Code, for the fiscal year, the Secretary shall submit 

a report to the congressional defense committees which includes 

the following: 

(A) The identification of each military installation for 

which the Secretary intends to carry out a realignment 

or closure pursuant to the authority of this section during 

the fiscal year, together with the reasons the Secretary 

of Defense believes that it is in the interest of the United 

States to accept the recommendation of the Governor of 

the State involved for the realignment or closure of the 

installation. 

(B) For each military installation identified under 

subparagraph (A), a master plan describing the required 

scope of work, cost, and timing for all facility actions needed 

to carry out the realignment or closure, including the 

construction of new facilities and the repair or renovation 

of existing facilities. 

(C) For each military installation identified under 

subparagraph (A), a certification that, not later than the 

end of the fifth fiscal year after the completion of the 

realignment or closure, the savings resulting from the 

realignment or closure will exceed the costs of carrying 

out the realignment or closure, together with an estimate 


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of the annual recurring savings that would be achieved 

by the realignment or closure of the installation and the 

timeframe required for the financial savings to exceed the 

costs of carrying out the realignment or closure. 

(d) LIMITATIONS.— (1) TIMING.—The Secretary may not initiate the realignment or closure of a military installation pursuant to the 

authority of this section until the expiration of the 90-day 

period beginning on the date the Secretary submits the report 

under paragraph (2) of subsection (c). 

(2) TOTAL COSTS.—Subject to appropriations, the aggregate 

cost to the government in carrying out the realignment or 

closure of military installations pursuant to the authority of 

this section for all fiscal years may not exceed $2,000,000,000. 

In determining the cost to the government for purposes of 

this section, there shall be included the costs of planning and 

design, military construction, operations and maintenance, 

environmental restoration, information technology, termination 

of public-private contracts, guarantees, and other factors 

contributing to the cost of carrying out the realignment or 

closure, as determined by the Secretary. 

(e) PROCESS FOR IMPLEMENTATION.—The implementation of the 

realignment or closure of a military installation pursuant to the 

authority of this section shall be carried out in accordance with 

section 2905 of the Defense Base Closure and Realignment Act 

of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) 

in the same manner as the implementation of a realignment or 

closure of a military installation pursuant to the authority of such 

Act. 

(f) STATE DEFINED.—In this section, the term ‘‘State’’ means 

each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States 

Virgin Islands, and the Commonwealth of the Northern Mariana 

Islands. 

(g) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out a realignment or closure pursuant to this section 

shall terminate at the end of fiscal year 2029. 

SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL BASE 

REALIGNMENT AND CLOSURE (BRAC) ROUND. 

Nothing in this Act shall be construed to authorize an additional 

Base Realignment and Closure (BRAC) round. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Sec. 2801. Modification of contract authority for acquisition, construction, or furnishing of test facilities and equipment. 

Sec. 2802. Commercial construction standards for facilities on leased property. 

Sec. 2803. Congressional oversight of projects carried out pursuant to laws other 

than Military Construction Authorization Acts. 

Sec. 2804. Small business set-aside for contracts for architectural and engineering 

services and construction design. 

Sec. 2805. Updates and modifications to Department of Defense Form 1391, Unified 

Facilities Criteria, and military installation master plans. 

Sec. 2806. Work in Process Curve charts and outlay tables for military construction 

projects. 


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Sec. 2807. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United 

States. 

Sec. 2808. Authority to obtain architectural and engineering services and construction design for defense laboratory modernization program. Sec. 2809. Repeal of limitation on certain Guam project. 

Sec. 2810. Enhancing force protection and safety on military installations. 

Sec. 2811. Limitation on use of funds for acquisition of furnished energy for new 

medical center in Germany. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Force structure plans and infrastructure capabilities necessary to support the force structure. Sec. 2822. Exemption of Department of Defense off-site use and off-site removal 

only non-mobile properties from certain excess property disposal requirements. Sec. 2823. Retrofitting existing windows in military family housing units to be 

equipped with fall prevention devices. Sec. 2824. Updating prohibition on use of certain assessment of public schools on 

Department of Defense installations to supersede funding of certain 

projects. Sec. 2825. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services. Sec. 2826. Representation of installation interests in negotiations and proceedings 

with carriers and other public utilities. Sec. 2827. Clarification to include National Guard installations in Readiness and 

Environmental Protection Integration program. 

Subtitle C—Land Conveyances 

Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona. 

Sec. 2842. Authority for transfer of administrative jurisdiction over certain lands, 

Marine Corps Air Ground Combat Center Twentynine Palms, California, 

and Marine Corps Air Station Yuma, Arizona. Sec. 2843. Environmental restoration and future conveyance of portion of former 

Mare Island Firing Range, Vallejo, California. Sec. 2844. Release of restrictions, University of California, San Diego. 

Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard, District 

of Columbia. 

Sec. 2846. Land conveyance, Eglin Air Force Base, Florida. 

Sec. 2847. Public inventory of Guam land parcels for transfer to Government of 

Guam. 

Sec. 2848. Modification of conditions on land conveyance, Joliet Army Ammunition 

Plant, Illinois. Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland. 

Sec. 2850. Technical correction of description of Limestone Hills Training Area 

Land Withdrawal and Reservation, Montana. Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah. 

Sec. 2852. Commemoration of Freedman’s Village. 

Subtitle D—Other Matters 

Sec. 2861. Defense community infrastructure pilot program. 

Sec. 2862. Strategic plan to improve capabilities of Department of Defense training 

ranges and installations. Sec. 2863. Restrictions on use of funds for development of public infrastructure in 

Commonwealth of Northern Mariana Islands. 

Sec. 2864. Study and report on inclusion of Coleman Bridge, York River, Virginia, 

in Strategic Highway Network. Sec. 2865. Defense access roads relating to closures due to sea level fluctuation and 

flooding. Sec. 2866. Authority to transfer funds for construction of Indian River Bridge. 

Sec. 2867. Plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery, Naval Air Station Pensacola. 

Subtitle A—Military Construction Program 

and Military Family Housing 

SEC. 2801. MODIFICATION OF CONTRACT AUTHORITY FOR ACQUISITION, CONSTRUCTION, OR FURNISHING OF TEST FACILITIES AND EQUIPMENT. 

Section 2353(a) of title 10, United States Code, is amended— 


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(1) by inserting after the first sentence the following: ‘‘The 

acquisition or construction of these research, developmental, 

or test facilities shall be subject to the cost principles applicable 

to allowable contract expenses.’’; and 

(2) by adding at the end the following: ‘‘The Secretary 

of Defense and the Secretaries of the military departments 

shall promulgate regulations necessary to give full force and 

effect to this section.’’. 

SEC. 2802. COMMERCIAL CONSTRUCTION STANDARDS FOR FACILITIES 

ON LEASED PROPERTY. 

(a) USE OF COMMERCIAL STANDARDS.—Section 2667(b) of title 

10, United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (6); 

(2) by striking the period at the end of paragraph (7) 

and inserting ‘‘; and’’; and 

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

‘‘(8) shall provide that any facilities constructed on the 

property may be constructed using commercial standards in 

a manner that provides force protection safeguards appropriate 

to the activities conducted in, and the location of, such facilities.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to leases entered into during fiscal year 

2019 or any of the four succeeding fiscal years. 

SEC. 2803. CONGRESSIONAL OVERSIGHT OF PROJECTS CARRIED OUT 

PURSUANT TO LAWS OTHER THAN MILITARY CONSTRUCTION AUTHORIZATION ACTS. 

Section 2802(e)(1) of title 10, United States Code, is amended— 

(1) by striking ‘‘Secretary concerned shall—’’ and all that 

follows through ‘‘comply with the congressional notification 

requirement’’ and inserting ‘‘Secretary concerned shall comply 

with the congressional notification requirement’’; and 

(2) by inserting ‘‘and submit to the congressional defense 

committees any materials required to be submitted to Congress 

or any other congressional committees pursuant to the congressional notification requirement’’ after ‘‘road project will be carried out’’. 

SEC. 2804. SMALL BUSINESS SET-ASIDE FOR CONTRACTS FOR 

ARCHITECTURAL AND ENGINEERING SERVICES AND 

CONSTRUCTION DESIGN. 

(a) MANDATORY AWARD OF CONTRACTS UNDER THRESHOLD

AMOUNT.—Section 2855(b)(1) of title 10, United States Code, is 

amended by striking ‘‘subsection (a)—’’ and all that follows and 

inserting the following: ‘‘subsection (a), if the Secretary concerned 

estimates that the initial award of the contract will be in an 

amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the 

set aside provisions of the Small Business Act (15 U.S.C. 631 

et seq.).’’. 

(b) INCREASE IN THRESHOLD AMOUNT.—Section 2855(b)(2) of 

such title is amended— 

(1) by striking ‘‘initial’’; 

(2) by striking ‘‘$300,000’’ and inserting ‘‘$1,000,000’’; and 

(3) by striking the second sentence. 

10 USC 2667 

note. 


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(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to fiscal year 2019 and each succeeding 

fiscal year. 

SEC. 2805. UPDATES AND MODIFICATIONS TO DEPARTMENT OF 

DEFENSE FORM 1391, UNIFIED FACILITIES CRITERIA, AND 

MILITARY INSTALLATION MASTER PLANS. 

(a) FLOOD RISK DISCLOSURE FOR MILITARY CONSTRUCTION.— (1) IN GENERAL.—The Secretary of Defense shall modify 

Department of Defense Form 1391 to require, with respect 

to any proposed major or minor military construction project 

requiring congressional notification or approval— 

(A) disclosure whether a proposed project will be sited 

within or partially within a 100-year floodplain, according 

to the most recent available Federal Emergency Management Agency flood hazard data; and 

(B) if the proposed project will be sited within or partially within a 100-year floodplain, the specific risk mitigation plan. 

(2) DELINEATION OF FLOODPLAIN.—To the extent that Federal Emergency Management Agency flood hazard data are 

not available for a proposed major or minor military construction site, the Secretary concerned shall establish a process 

for delineating the 100-year floodplain using risk analysis that 

is consistent with the standards used to inform Federal flood 

risk assessments. 

(3) REPORTING REQUIREMENTS.—For proposed projects that 

are to be sited within or partially within a 100-year floodplain, 

the Secretary concerned shall submit to the congressional 

defense committees a report with the following: 

(A) An assessment of flood vulnerability for the proposed project. 

(B) Any information concerning alternative construction sites that were considered, and an explanation of why 

those sites do not satisfy mission requirements. 

(C) A description of planned flood mitigation measures. 

(4) MINIMUM FLOOD MITIGATION REQUIREMENTS.—When 

mitigating the flood risk of a major or minor military construction project within or partially within the 100-year floodplain, 

the Secretary concerned shall require any mitigation plan to 

assume an additional— 

(A) 2 feet above the base flood elevation for non-mission 

critical buildings, as determined by the Secretary; and 

(B) 3 feet above the base flood elevation for missioncritical buildings, as determined by the Secretary. 

(b) DISCLOSURE REQUIREMENTS FOR DEPARTMENT OF DEFENSE

FORM 1391.—Not later than 30 days after the date of the enactment 

of this Act, the Secretary of Defense shall amend Department 

of Defense Form 1391 to require, for each requested military 

construction project— 

(1) disclosure whether the project was included in the prior 

year’s future-years defense program submitted to Congress 

pursuant to section 221 of title 10, United States Code; and 

(2) inclusion of an energy study or life cycle analysis. 

(c) INCORPORATION OF CHANGING ENVIRONMENTAL CONDITION

PROJECTIONS IN MILITARY CONSTRUCTION DESIGNS AND MODIFICA- TIONS.—Not later than 30 days after the date of the enactment 

10 USC 2864 

note. 

10 USC 2802 

note. 

10 USC 2802 

note. 

10 USC 2855 

note. 


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of this Act, the Secretary of Defense shall amend section 3–5.6.2.3 

of United Facilities Criteria (UFC) 2–100–01 and UFC 2–100– 

02 (or any similar successor regulations) to provide that in order 

to anticipate changing environmental conditions during the design 

life of existing or planned new facilities and infrastructure, projections from reliable and authorized sources such as the Census 

Bureau (for population projections), the National Academies of 

Sciences (for land use change projections and climate projections), 

the U.S. Geological Survey (for land use change projections), and 

the U.S. Global Change Research Office and National Climate 

Assessment (for climate projections) shall be considered and incorporated into military construction designs and modifications. 

(d) INCLUSION OF CONSIDERATION OF ENERGY AND CLIMATE

RESILIENCY EFFORTS IN MASTER PLANS FOR MAJOR MILITARY

INSTALLATIONS.—Section 2864 of title 10, United States Code, is 

amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (C), by striking ‘‘and’’ at the end; 

(B) in subparagraph (D), by striking the period at 

the end and inserting ‘‘; and’’; and 

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

‘‘(E) energy and climate resiliency efforts.’’; and 

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

new paragraph: 

‘‘(3) The term ‘energy and climate resiliency’ means 

anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability 

to withstand, respond to, and recover rapidly from utility 

disruptions while ensuring the sustainment of mission-critical 

operations.’’. 

(e) DEFINITION OF MILITARY INSTALLATION RESILIENCE.—Section 101(e) of title 10, United States Code, is amended by adding 

at the end the following new paragraph: 

‘‘(8) MILITARY INSTALLATION RESILIENCE.—The term ‘military installation resilience’ means the capability of a military 

installation to avoid, prepare for, minimize the effect of, adapt 

to, and recover from extreme weather events, or from anticipated or unanticipated changes in environmental conditions, 

that do, or have the potential to, adversely affect the military 

installation or essential transportation, logistical, or other necessary resources outside of the military installation that are 

necessary in order to maintain, improve, or rapidly reestablish 

installation mission assurance and mission-essential functions.’’. 

(f) ADJUSTMENT AND DIVERSIFICATION ASSISTANCE FOR

RESPONDING TO THREATS TO THE RESILIENCE OF A MILITARY

INSTALLATION.—Section 2391(b)(1) of title 10, United States Code, 

is amended— 

(1) by striking ‘‘, or (E) by the closure’’ and inserting ‘‘, 

(E) by threats to military installation resilience, or (F) by 

the closure’’; 

(2) by striking ‘‘(A), (B), (C), or (E)’’ and inserting ‘‘(A), 

(B), (C), or (F)’’; and 

(3) by striking ‘‘action described in clause (D), if the Secretary determines that the encroachment of the civilian community’’ and inserting ‘‘action described in clause (D) or (E), if 


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the Secretary determines that either the encroachment of the 

civilian community or threats to military installation resilience’’. 

SEC. 2806. WORK IN PROCESS CURVE CHARTS AND OUTLAY TABLES 

FOR MILITARY CONSTRUCTION PROJECTS. 

(a) REQUIRED SUBMISSIONS.— 

(1) IN GENERAL.—Subchapter III of chapter 169 of title 

10, United States Code, is amended by inserting after section 

2864 the following new section: 

‘‘§ 2865. Work in Process Curve charts and outlay tables for 

military construction projects 

‘‘Along with the budget for each fiscal year submitted by the 

President pursuant to section 1105(a) of title 31, United States 

Code, the Secretary of Defense and the Secretaries of the military 

departments shall include for any military construction project over 

$90,000,000, as an addendum to be included within the same document as the 1391s for the Military Construction Program budget 

documentation, a Project Spending Plan that includes— 

‘‘(1) a Work in Process Curve chart to identify funding, 

obligations, and outlay figures; and 

‘‘(2) a monthly outlay table for funding, obligations, and 

outlay figures.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such subchapter is amended by inserting after 

the item relating to section 2864 the following new item: 

‘‘2865. Work in Process Curve charts and outlay tables for military construction 

projects.’’. 

(b) DEPARTMENT OF DEFENSE GUIDANCE.—The Secretary of 

Defense shall, in coordination with the Under Secretary of Defense 

(Comptroller), update Department of Defense Financial Management Regulation 7000.14–R, and any other appropriate instructions 

and guidance, to ensure that the Department of Defense takes 

appropriate actions to comply with section 2865 of title 10, United 

States Code, as added by this section. 

SEC. 2807. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED 

STATES. 

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 2808 

of the Military Construction Authorization Act for Fiscal Year 2004 

(division B of Public Law 108–136; 117 Stat. 1723), as most recently 

amended by section 2804 of the Military Construction Authorization 

Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 

Stat. 1846), is further amended— 

(1) in paragraph (1), by striking ‘‘December 31, 2018’’ and 

inserting ‘‘December 31, 2020’’; and 

(2) in paragraph (2), by striking ‘‘fiscal year 2019’’ and 

inserting ‘‘fiscal year 2021’’. 

(b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of 

such section is amended by striking ‘‘shall not exceed’’ and all 

that follows and inserting the following: ‘‘shall not exceed 

$50,000,000 during either of the following periods: 

10 USC 2865 

note. 

10 USC 2851 

prec. 

10 USC 2865. 


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‘‘(1) The period beginning October 1, 2018, and ending 

on the earlier of December 31, 2019, or the date of the enactment of an Act authorizing funds for military activities of 

the Department of Defense for fiscal year 2020. 

‘‘(2) The period beginning October 1, 2019, and ending 

on the earlier of December 31, 2020, or the date of the enactment of an Act authorizing funds for military activities of 

the Department of Defense for fiscal year 2021.’’. 

SEC. 2808. AUTHORITY TO OBTAIN ARCHITECTURAL AND 

ENGINEERING SERVICES AND CONSTRUCTION DESIGN 

FOR DEFENSE LABORATORY MODERNIZATION PROGRAM. 

(a) AUTHORITY.—Section 2803 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1169; 10 U.S.C. 2358 note) is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f) ADDITIONAL AUTHORITY TO USE FUNDS FOR RELATED

ARCHITECTURAL AND ENGINEERING SERVICES AND CONTRACT

DESIGN.— 

‘‘(1) AUTHORITY.—In addition to the authority provided to 

the Secretary of Defense under subsection (a) to use amounts 

appropriated or otherwise made available for research, development, test, and evaluation for a military construction project 

referred to in such subsection, the Secretary of the military 

department concerned may use amounts appropriated or otherwise made available for research, development, test, and 

evaluation to obtain architectural and engineering services and 

to carry out construction design in connection with such a 

project. 

‘‘(2) NOTICE REQUIREMENT.—In the case of architectural 

and engineering services and construction design to be undertaken under this subsection for which the estimated cost 

exceeds $1,000,000, the Secretary concerned shall notify the 

appropriate committees of Congress of the scope of the proposed 

project and the estimated cost of such services before the initial 

obligation of funds for such services. The Secretary may then 

obligate funds for such services only after the end of the 14- 

day period beginning on the date on which the notification 

is received by the committees in an electronic medium pursuant 

to section 480 of this title.’’. 

(b) CONFORMING AMENDMENTS TO WAIVE CONDITIONS

APPLICABLE TO EXISTING AUTHORITY.— 

(1) CONDITION ON AND SCOPE OF PROJECT AUTHORITY.— 

Section 2803(b) of such Act is amended by striking ‘‘project 

under this section’’ and inserting ‘‘project under subsection 

(a)’’. 

(2) CONGRESSIONAL NOTIFICATION.—Section 2803(c) of such 

Act is amended by striking ‘‘carried out under this section’’ 

each place it appears in paragraphs (1) and (2) and inserting 

‘‘carried out under subsection (a)’’. 

(3) DESCRIPTION OF AUTHORIZED PROJECTS.—Section 

2803(d) of such Act is amended by striking ‘‘provided by this 

section’’ and inserting ‘‘provided by subsection (a)’’. 


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(4) FUNDING LIMITATION.—Section 2803(e) of such Act is 

amended by striking ‘‘projects under this section’’ and inserting 

‘‘projects under subsection (a)’’. 

(c) EXTENSION OF PERIOD OF AUTHORITY.—Section 2803(g) of 

such Act, as redesignated by subsection (a)(1), is amended by 

striking ‘‘October 1, 2020’’ and inserting ‘‘October 1, 2025’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of section 2803 

of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note). 

SEC. 2809. REPEAL OF LIMITATION ON CERTAIN GUAM PROJECT. 

(a) REPEAL OF LIMITATION.—Section 2879 of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 131 Stat. 1874) is amended by striking subsection (b). 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in the enactment of the National 

Defense Authorization Act for Fiscal Year 2018. 

SEC. 2810. ENHANCING FORCE PROTECTION AND SAFETY ON MILITARY 

INSTALLATIONS. 

(a) AUTHORIZATION OF ADDITIONAL PROJECTS.—In addition to 

any other military construction projects authorized under this Act, 

the Secretary of the military department concerned may carry out 

military construction projects to enhance force protection and safety 

on military installations, as specified in the funding table in section 

4601. 

(b) REQUIRING REPORT AS CONDITION OF AUTHORIZATION.— 

(1) REPORT.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary concerned shall submit 

a report to the congressional defense committees which 

describes the location, title, and cost, together with a Department of Defense Form 1391, for each project the Secretary 

proposes to carry out under this section. 

(2) TIMING OF AVAILABILITY OF FUNDS.—No funds may be 

obligated or expended for a project under this section— 

(A) unless the project is included in the report submitted under paragraph (1); and 

(B) until the expiration of the 30-day period which 

begins on the date the Secretary concerned submits the 

report under paragraph (1). 

(c) EXPIRATION OF AUTHORIZATION.—Section 2002 shall apply 

with respect to the authorization of a military construction project 

under this section in the same manner as such section applies 

to the authorization of a project contained in titles XXI through 

XXVII. 

SEC. 2811. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FURNISHED ENERGY FOR NEW MEDICAL CENTER IN GERMANY. 

(a) LIMITATION.—No amounts authorized to be appropriated 

or made available to the Secretary of Defense or the Secretary 

of any military department may be used to enter into a contract 

for the acquisition of furnished energy for the new Rhine Ordnance 

Barracks Army Medical Center (hereafter in this section referred 

to as the ‘‘Medical Center’’) until the Secretary of Defense submits 

to the congressional defense committees a written certification 

that— 

10 USC 2358 

note. 


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(1) the source of furnished energy for the Medical Center 

will minimize the use of fuels sourced from inside the Russian 

Federation; 

(2) the design of the Medical Center will utilize a diversified 

energy supply from a mixed-fuel system as the source of furnished energy to sustain mission critical operations during 

any sustained energy supply disruption caused by the Russian 

Federation; and 

(3) to the extent available, domestically-sourced fuels shall 

be the preferred source for furnished energy for the Medical 

Center. 

(b) WAIVER FOR NATIONAL SECURITY INTERESTS.—Subsection 

(a) shall not apply if the Secretary of Defense certifies to the 

congressional defense committees that a waiver of such subsection 

is necessary to protect the national security interests of the United 

States. 

(c) DEFINITION.—In this section, the term ‘‘furnished energy’’ 

means energy furnished to the Medical Center in any form and 

for any purpose, including heating, cooling, and electricity. 

(d) EFFECTIVE DATE.—This section shall take effect on the 

date of the enactment of this Act. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2821. FORCE STRUCTURE PLANS AND INFRASTRUCTURE 

CAPABILITIES NECESSARY TO SUPPORT THE FORCE 

STRUCTURE. 

(a) FORCE STRUCTURE PLANS AND INFRASTRUCTURE CAPABILI- TIES.—Not later than the date on which the budget of the President 

for fiscal year 2021 is submitted to Congress pursuant to section 

1105 of title 31, United States Code, the Secretary of Defense 

shall develop and submit to the congressional defense committees 

the following: 

(1) A force structure plan for each of the Army, Navy, 

Air Force, and Marine Corps and the reserve components of 

each military department that is informed by— 

(A) an assessment by the Secretary of Defense of the 

probable threats to the national security of the United 

States; and 

(B) end-strength levels and major military force units 

(including land force divisions, carrier and other major 

combatant vessels, air wings, and other comparable units) 

authorized in the National Defense Authorization Act for 

Fiscal Year 2018 (Public Law 115–91). 

(2) A categorical model of installation capabilities required 

to carry out the force structures plans described in paragraph 

(1) based on— 

(A) the infrastructure, real property, and facilities 

capabilities required to carry out such plans; and 

(B) the current military requirements of the major 

military units referred to in subparagraph (B) of such 

paragraph. 

(b) CONSISTENCY.—In developing force structure plans and categorical models of installation capabilities under subsection (a), 

the Secretary of Defense shall ensure that the infrastructure, real 


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property, and facilities of each of the military departments are 

categorized and measured in consistent terms so as to facilitate 

comparisons. 

(c) RELATIONSHIP TO INVENTORY.—Using the information in 

the force structure plans and categorical model developed under 

subsection (a), the Secretary of Defense shall submit to Congress 

each of the following: 

(1) An assessment of the requirements necessary for carrying out the force structure plans compared to existing infrastructure, real property, and facilities capabilities, as documented in the records maintained under section 2721 of title 

10, United States Code. 

(2) An identification of any deficit or surplus capability 

in such infrastructure, real property, and facilities— 

(A) for each military department; and 

(B) for locations within the continental United States 

and territories. 

SEC. 2822. EXEMPTION OF DEPARTMENT OF DEFENSE OFF-SITE USE 

AND OFF-SITE REMOVAL ONLY NON-MOBILE PROPERTIES 

FROM CERTAIN EXCESS PROPERTY DISPOSAL REQUIREMENTS. 

(a) IN GENERAL.—Excess or unutilized or underutilized nonmobile property of the Department of Defense that is situated 

on non-excess land shall be exempt from the requirements of title 

V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 

et seq.) upon a determination by the head of the department, 

agency, or other element of the Department having jurisdiction 

of the property that— 

(1) the property is not feasible to relocate; 

(2) the property is located in an area to which the general 

public is denied access in the interest of national security; 

and 

(3) the exemption would facilitate the efficient disposal 

of excess property or result in more efficient real property 

management. 

(b) CONSULTATION.—Before making an initial determination 

under the authority in subsection (a), and periodically thereafter, 

the head of a department, agency, or other element of the Department shall consult with the Executive Director of the United States 

Interagency Council on Homelessness on types of non-mobile properties that may be feasible for relocation and suitable to assist 

the homeless. 

(c) REPORTING REQUIREMENT.— 

(1) IN GENERAL.—If any head of a department, agency, 

or other element of the Department makes a determination 

under subsection (a) during a fiscal year, not later than 90 

days after the end of that fiscal year, the Secretary of Defense 

shall submit to the appropriate committees of Congress a report 

listing all the buildings, facilities, and other properties for 

which a determination was made under that subsection during 

that fiscal year. 

(2) FORM.—Any report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

41 USC 11411 

note. 


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(A) the Committee on Armed Services, the Committee 

on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Financial Services, and the Committee on Oversight 

and Government Reform of the House of Representatives. 

(d) SUNSET.—The authority under subsection (a) shall expire 

on September 30, 2021. 

SEC. 2823. RETROFITTING EXISTING WINDOWS IN MILITARY FAMILY 

HOUSING UNITS TO BE EQUIPPED WITH FALL PREVENTION DEVICES. 

(a) AUTHORIZING FUNDING FOR RETROFITTING OR REPLACING

WINDOWS.—Section 2879 of title 10, United States Code, as added 

by section 2817(a) of the National Defense Authorization Act for 

Fiscal Year 2018 (131 Stat. 1851) is amended— 

(1) in subsection (a)(1), by striking ‘‘subsection (b)’’ and 

inserting ‘‘subsection (c)’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(c) and (d); and 

(3) by inserting after subsection (a) the following new subsection: 

‘‘(b) RETROFITTING OR REPLACING EXISTING WINDOWS.— 

‘‘(1) PROGRAM TO RETROFIT EXISTING WINDOWS.—The Secretary concerned shall carry out a program under which, in 

military family housing units acquired or constructed under 

this chapter which are not subject to the requirements of subsection (a), windows which are described in subsection (c), 

including windows designed for emergency escape or rescue, 

are retrofitted to be equipped with fall prevention devices 

described in paragraph (1) of subsection (a) or are replaced 

with windows which are equipped with fall prevention devices 

described in such paragraph. 

‘‘(2) GRANTS.—The Secretary concerned may carry out the 

program under this subsection by making grants to private 

entities to retrofit or replace existing windows, in accordance 

with such criteria as the Secretary may establish by regulation. 

‘‘(3) USE OF OPERATIONS FUNDING.—The Secretary may 

carry out the program under this subsection during a fiscal 

year with amounts made available to the Secretary for family 

housing operations for such fiscal year.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to fiscal year 2019 and each succeeding 

fiscal year. 

SEC. 2824. UPDATING PROHIBITION ON USE OF CERTAIN ASSESSMENT 

OF PUBLIC SCHOOLS ON DEPARTMENT OF DEFENSE 

INSTALLATIONS TO SUPERSEDE FUNDING OF CERTAIN 

PROJECTS. 

(a) UPDATE.—Paragraph (3) of section 2814(a) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2717), as added by section 2818(a) of the National 

Defense Authorization Act for Fiscal Year 2018 (Public Law 115– 

91; 131 Stat. 1852), is amended by striking ‘‘33 projects’’ and 

inserting ‘‘38 projects’’. 

10 USC 2879 

note. 


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(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in the enactment of the National 

Defense Authorization Act for Fiscal Year 2018. 

SEC. 2825. STUDY OF FEASIBILITY OF USING 20-YEAR INTERGOVERNMENTAL SUPPORT AGREEMENTS FOR INSTALLATIONSUPPORT SERVICES. 

(a) STUDY.—Each Secretary concerned shall conduct a study 

of the feasibility and desirability of entering into intergovernmental 

support agreements under section 2679(a) of title 10, United States 

Code, for a term not to exceed 20 years. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, each Secretary concerned shall submit to 

the congressional defense committees a report on the study conducted under subsection (a). 

SEC. 2826. REPRESENTATION OF INSTALLATION INTERESTS IN NEGOTIATIONS AND PROCEEDINGS WITH CARRIERS AND 

OTHER PUBLIC UTILITIES. 

Section 501(c) of title 40, United States Code, is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘For transportation’’; and 

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

‘‘(2) Prior to representing any installation of the Department 

of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall— 

‘‘(A) notify the senior mission commander of the installation; and 

‘‘(B) solicit and represent the interests of the installation 

as determined by the installation’s senior mission commander.’’. 

SEC. 2827. CLARIFICATION TO INCLUDE NATIONAL GUARD INSTALLATIONS IN READINESS AND ENVIRONMENTAL PROTECTION 

INTEGRATION PROGRAM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) State-owned National Guard installations have always 

qualified as military installations under section 2684a of title 

10, United States Code; and 

(2) State-owned National Guard installations should continue to qualify as military installations under section 2684a 

of that title. 

(b) CLARIFICATION.— 

(1) IN GENERAL.—Section 2684a(a) of title 10, United States 

Code, is amended by inserting ‘‘, as well as a State-owned 

National Guard installation,’’ after ‘‘military installation’’. 

(2) RETROACTIVE EFFECT.—The amendment made by paragraph (1) shall take effect as of December 2, 2002. 

Subtitle C—Land Conveyances 

SEC. 2841. LAND EXCHANGE, AIR FORCE PLANT 44, TUCSON, ARIZONA. 

(a) LAND CONVEYANCE AND RESTORATION OF REAL PROPERTY

IMPROVEMENTS AUTHORIZED.—In connection with a project planned 

by the Tuscon Airport Authority (in this section referred to as 

‘‘TAA’’) to relocate and extend a parallel runway and make other 

10 USC 2684a 

note. 


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airfield safety enhancements at the Tucson International Airport, 

the Secretary of the Air Force (in this section referred to as the 

‘‘Secretary’’) may— 

(1) convey to TAA all right, title, and interest of the United 

States in and to all or any part of a parcel of real property, 

including any improvements thereon, consisting of approximately 58 acres on Air Force Plant 44, Arizona, and located 

adjacent to Tucson International Airport; 

(2) agree to terminate all or a portion of any deed restrictions made for the benefit of the United States that limit 

construction on Tucson International Airport within 750 feet 

of the Airport’s southwest property boundary with Air Force 

Plant 44; and 

(3) using cash or in-kind consideration as provided in subsection (b)— 

(A) construct new explosives storage facilities to replace 

the explosives storage facilities located on the land 

described in paragraph (1) and explosives storage facilities 

located on Air Force Plant 44 within the end-of-runway 

clear zone associated with the TAA airfield enhancement 

project; and 

(B) construct new fencing as necessary to accommodate 

the changes in the boundary of Air Force Plant 44. 

(b) CONSIDERATION.—As consideration for the land conveyance, 

deed restriction termination, replacement of real property improvements, and installation of fencing authorized under subsection (a), 

the following consideration must be received by the United States 

before the Secretary may make any conveyance or termination 

of real property interests of the United States as described in 

subsection (a): 

(1) All right, title, and interest of the owner or owners 

thereof to the parcels of real property consisting of approximately 160 acres directly adjacent to the south boundary of 

Air Force Plant 44. 

(2) The cost to the Secretary, in accordance with current 

design standards, of— 

(A) replacing the real property structures on Air Force 

Plant 44 made unusable due to the land transfers and 

termination of deed restrictions, with structures of at least 

equivalent capacity and functionality; and 

(B) installing the necessary boundary fencing due to 

the changes in the boundary of Air Force Plant 44. 

(c) DIRECT PAYMENT OF CONSIDERATION TO GOVERNMENT CONTRACTORS.—The Secretary may require that any cash consideration 

to be received under this section be paid, directly or through the 

Air Force design and construction agent, to the contractors performing design or construction of the real property improvements 

described in subsection (a)(3). 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary may require TAA 

to cover costs to be incurred by the Secretary to carry out 

the land exchange and other transactions authorized under 

this section, or to reimburse the Secretary for such costs, 

including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related 

to the conveyances. If amounts are collected from TAA in 

advance of the Secretary incurring the actual costs, and the 


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amount collected exceeds the costs actually incurred by the 

Secretary to carry out such transactions, the Secretary shall 

refund the excess amount to TAA. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be exchanged under this section 

shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the land exchange and other transactions under this section as 

the Secretary considers appropriate to protect the interests of the 

United States. Without limiting the foregoing, the Secretary may 

establish a deed restriction on any part of the 58 acres described 

in subsection (a)(1) to accommodate existing Quantity Distance 

arcs. 

SEC. 2842. AUTHORITY FOR TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN LANDS, MARINE CORPS AIR GROUND 

COMBAT CENTER TWENTYNINE PALMS, CALIFORNIA, AND 

MARINE CORPS AIR STATION YUMA, ARIZONA. 

(a) MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE

PALMS, CALIFORNIA.— 

(1) AUTHORITY FOR TRANSFER.—Subject to paragraph (2), 

the Secretary of the Navy may transfer to the Secretary of 

the Interior, at no cost, administrative jurisdiction of approximately 2,105 acres of non-contiguous parcels of land within 

the Shared Use Area of the Marine Corps Air Ground Combat 

Center Twentynine Palms, California. 

(2) CONDITION FOR TRANSFER.—The Secretary of the Navy 

may carry out the transfer under this subsection only if the 

Secretary of the Navy and the Secretary of the Interior each 

determine that the transfer is in the public interest and will 

be for the benefit of the Department of the Navy and the 

Department of the Interior, respectively. 

(3) STATUS OF LAND AFTER TRANSFER.—Upon completion 

of the transfer under this subsection, the land over which 

the Secretary of the Interior obtains administrative jurisdiction 

shall become public land withdrawn and reserved under section 

2941 of the National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113–66; 127 Stat. 1034), and shall be managed in accordance with section 2942(b)(1) of such Act (Public 

Law 113–66; 127 Stat. 1036), in the same manner as other 

lands in the Shared Use Area. 

(4) SHARED USE AREA DEFINED.—In this subsection, the 

term ‘‘Shared Use Area’’ means the area described in section 

2941(b)(2) of the National Defense Authorization Act for Fiscal 

Year 2014 (Public Law 113–66; 127 Stat. 1035). 

(b) MARINE CORPS AIR STATION YUMA, ARIZONA.— 

(1) AUTHORITY FOR TRANSFER.—Subject to paragraph (2), 

the Secretary of the Interior may transfer to the Secretary 

of the Navy, at no cost, administrative jurisdiction of approximately 256 acres of non-contiguous parcels of land within 

Marine Corps Air Station Yuma, Arizona which are used by 

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of the enactment of this Act pursuant to any of the following 

authorities: 

(A) Public Land Order Number 2766 of August 28, 

1962. 

(B) Expired Public Land Order Number 6804 of October 

16, 1990. 

(C) Memorandum of Understanding Number 14-06- 

300-1266 of July 5, 1962, between the Department of the 

Interior and the Department of the Navy. 

(2) CONDITION FOR TRANSFER.—The Secretary of the 

Interior may carry out the transfer under this subsection only 

if the Secretary of the Interior and the Secretary of the Navy 

each determine that the transfer is in the public interest and 

will be for the benefit of the Department of the Interior and 

the Department of the Navy, respectively. 

(3) WITHDRAWAL OF LAND AFTER TRANSFER.—Upon completion of the transfer under this subsection, the land over which 

the Secretary of the Navy obtains administrative jurisdiction— 

(A) shall cease to be public land; and 

(B) for as long as the land is under the administrative 

jurisdiction of the Secretary of the Navy or the Secretary 

of any other military department, shall be withdrawn from 

all forms of entry, appropriation, or disposal under the 

public land laws, from location, entry, and patent under 

the mining laws, and from disposition under all laws 

relating to mineral interests and to mineral and geothermal 

leasing. 

SEC. 2843. ENVIRONMENTAL RESTORATION AND FUTURE CONVEYANCE OF PORTION OF FORMER MARE ISLAND FIRING 

RANGE, VALLEJO, CALIFORNIA. 

(a) RESTORATION REQUIRED AS RESULT OF PREVIOUS REMEDIATION.—As soon as practicable, the Secretary of the Navy shall 

take such steps as may be required to fill in depressions in the 

Mare Island property which resulted from environmental remediation carried out by the Department of the Navy prior to the 

date of the enactment of this section. 

(b) MITIGATION OF WETLANDS.— 

(1) METHOD OF MITIGATION.—If the refilling of wetlands 

on the Mare Island property requires mitigation, the Secretary 

of the Navy shall conduct such mitigation in accordance with 

relevant Federal, State and local environmental laws. 

(2) COORDINATION OVER CERTAIN PORTION OF PROPERTY.— 

To the extent that the refilling of wetlands on the Mare Island 

property requires mitigation on any portion of such property 

which is subject to a reversionary interest of the State of 

California, the Secretary shall coordinate with the California 

State Lands Commission to determine how to best meet the 

regulatory requirements applicable to the mitigation of such 

wetlands. 

(c) REPORT ON COMPLIANCE AND FUTURE CONVEYANCE.—Not 

later than 120 days after the date of the enactment of this Act, 

the Secretary of the Navy shall submit to the congressional defense 

committees a report describing the process by which the Secretary 

plans to meet the requirements of subsections (a) and (b), as well 

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(or some portion thereof) to the State of California or units of 

local government in the State of California. 

(d) DEFINITION.—In this section, the ‘‘Mare Island property’’ 

is the parcel of real property consisting of approximately 48 acres 

located within the former Mare Island Naval Shipyard which was 

formerly used as a firing range by the Department of the Navy. 

SEC. 2844. RELEASE OF RESTRICTIONS, UNIVERSITY OF CALIFORNIA, 

SAN DIEGO. 

(a) RELEASE.—The Secretary of the Navy may, upon receipt 

of full consideration as provided in subsection (b), release to the 

Regents of the University of California (in this section referred 

to as the ‘‘University of California’’) all remaining right, title, and 

interest of the United States, including restrictions on use imposed 

by deed or otherwise and reversionary rights, in and to a parcel 

of real property consisting of approximately 495 acres that comprises part of the San Diego campus of the University of California. 

(b) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—As consideration for the 

release under subsection (a), the University of California shall 

provide an amount that is acceptable to the Secretary of the 

Navy, whether by cash payment, in-kind consideration as 

described under paragraph (2), or a combination thereof, at 

such time as the Secretary may require. The consideration 

under this paragraph shall be based on an appraisal approved 

by the Secretary of the value to the Department of the Navy 

of the restrictions released under subsection (a), except that 

in determining the value of such restrictions, there shall be 

excluded the value of any existing improvements to the property 

made by or on behalf of the University of California and the 

value of the University of California’s existing rights to the 

property. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the University of California under paragraph (1) may 

include goods or services that benefit the Department of the 

Navy and may take into consideration the value which has 

accrued to the Department of the Navy from the San Diego 

campus of the University of California’s research, education, 

and clinical care activities, as well as the contracts, grants, 

and other collaborations between the Department of the Navy 

and the San Diego campus of the University of California. 

(3) TREATMENT OF CONSIDERATION RECEIVED.—Consideration in the form of cash payment received by the Secretary 

under paragraph (1) shall be deposited in the separate fund 

in the Treasury described in section 572(a)(1) of title 40, United 

States Code. 

(c) PAYMENT OF COSTS OF RELEASE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 

require the University of California to cover costs to be incurred 

by the Secretary, or to reimburse the Secretary for such costs 

incurred by the Secretary, to carry out the release under subsection (a), including survey costs, costs for environmental documentation related to the release, and any other administrative 

costs related to the release. If amounts are collected from 

the University of California in advance of the Secretary incurring the actual costs, and the amount collected exceeds the 

costs actually incurred by the Secretary to carry out the release, 


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the Secretary shall refund the excess amount to the University 

of California. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the release under subsection 

(a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of a fund that is 

currently available to the Secretary for the same purpose. 

Amounts so credited shall be merged with amounts in such 

fund or account and shall be available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property that is the subject of the release 

under subsection (a) shall be determined by a survey or other 

documentation satisfactory to both the Secretary of the Navy and 

the University of California. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the release under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2845. LAND EXCHANGE, NAVAL SUPPORT ACTIVITY, WASHINGTON 

NAVY YARD, DISTRICT OF COLUMBIA. 

(a) EXCHANGE OF PROPERTY INTERESTS AUTHORIZED.— 

(1) INTERESTS TO BE CONVEYED.—The Secretary of the Navy 

(Secretary) may convey all right, title, and interest of the United 

States in and to one or more parcels of real property under 

the jurisdiction of the Secretary, including any improvements 

thereon and, without limitation, any leasehold interests of the 

United States therein, as the Secretary considers appropriate 

to protect the interests of the United States. 

(2) INTERESTS TO BE ACQUIRED.—In exchange for the property interests described in paragraph (1), the Secretary may 

accept parcels at the Southeast Federal Center in the vicinity 

of the Washington Navy Yard, replacement of facilities being 

conveyed of equal value and similar utility, as determined 

by the Secretary, and any additional consideration the Secretary feels is appropriate, including maintenance, repair, or 

restoration of any real property, facility, or infrastructure under 

the jurisdiction of the Secretary. 

(b) VALUATION.—The value of the property interests to be 

exchanged by the Secretary described in subsections (a)(1) and 

(a)(2) shall be determined— 

(1) by an independent appraiser selected by the Secretary; 

and 

(2) in accordance with the Uniform Appraisal Standards 

for Federal Land Acquisitions and the Uniform Standards of 

Professional Appraisal Practice. 

(c) EQUALIZATION PAYMENTS.— 

(1) TO THE SECRETARY.—If the fair market value of the 

property interests described in subsection (a)(1) is greater than 

the fair market value of the property interests described in 

subsection (a)(2), the person to whom such interests are conveyed shall pay to the Department of the Navy an amount 

equal to the differences in such fair market values. 


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(2) NO EQUALIZATION.—If the fair market value of the 

property interests described in subsection (a)(2) is greater than 

the fair market value of the property interests described in 

subsection (a)(1), the Secretary shall not make a cash equalization payment to equalize the values. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

other party in this land exchange to cover costs to be incurred 

by the Secretary, or to reimburse the Secretary for such costs 

incurred, to carry out the land exchange under this section, 

including survey costs, costs for environmental documentation, 

other administrative costs related to the land exchange, and 

all costs associated with relocation of activities and facilities, 

including equipment, to the replacement location. If amounts 

collected are in advance of the Secretary incurring actual costs, 

and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the land exchange, the Secretary 

shall refund the excess amount. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

shall be credited to the fund or account that was used to 

cover those costs incurred by the Secretary in carrying out 

the land exchange. Amounts so credited shall be merged with 

amounts in such fund or account, and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be exchanged under this section 

shall be determined by surveys satisfactory to the Secretary of 

the Navy. 

(f) CONVEYANCE AGREEMENT.—The exchange of real property 

interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually 

satisfactory to both parties of the exchange, including such additional terms and conditions as the Secretary considers appropriate 

to protect the interests of the United States. 

SEC. 2846. LAND CONVEYANCE, EGLIN AIR FORCE BASE, FLORIDA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the Air Force Enlisted Village, a nonprofit corporation (in this section referred to as the ‘‘Village’’), all right, title, 

and interest of the United States in and to a parcel of real property, 

including improvements thereon, consisting of approximately 80 

acres located adjacent to Eglin Air Force Base, Florida, for the 

purpose of independent-living and assisted-living apartments for 

veterans. The conveyance under this subsection is subject to valid 

existing rights. 

(b) CONSIDERATION REQUIRED.—As consideration for the conveyance under subsection (a), the Village shall provide an amount 

that is equivalent to the fair market value to the Department 

of the Air Force of the right, title, and interest conveyed under 

such subsection, based on an appraisal approved by the Secretary 

of the Air Force. The consideration under this paragraph may 

be provided by cash payment, in-kind consideration, or a combination thereof, at such time as the Secretary may require. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 


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(1) PAYMENT REQUIRED.—The Secretary may require the 

Village to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under this section, including survey 

costs, costs for environmental documentation, and any other 

administrative costs related to the conveyance. If amounts are 

collected from the Village in advance of the Secretary incurring 

the actual costs, and the amount collected exceeds the costs 

actually incurred by the Secretary to carry out the conveyance, 

the Secretary shall refund the excess amount to the Village. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out the conveyance under subsection 

(a) shall be credited to the fund or account that was used 

to cover the costs incurred by the Secretary in carrying out 

the conveyance, or to an appropriate fund or account currently 

available to the Secretary for the purposes for which the costs 

were paid. Amounts so credited shall be merged with amounts 

in such fund or account and shall be available for the same 

purposes, and subject to the same conditions and limitations, 

as amounts in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2847. PUBLIC INVENTORY OF GUAM LAND PARCELS FOR 

TRANSFER TO GOVERNMENT OF GUAM. 

(a) NET-NEGATIVE INVENTORY OF LAND PARCELS.— 

(1) MAINTENANCE AND UPDATE OF INVENTORY.—The Secretary of the Navy shall maintain and update regularly an 

inventory of all land parcels located on Guam which meet 

each of the following conditions: 

(A) The parcels are currently owned by the United 

States Government and are under the administrative jurisdiction of the Department of the Navy. 

(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy. 

(C) Under Federal law, including Public Law 106– 

504 (commonly known as the ‘‘Guam Omnibus Opportunities Act’’; 40 U.S.C. 521 note), the parcels are eligible 

to be transferred to the territorial government. 

(2) INFORMATION REQUIRED.—For each parcel included in 

the inventory under paragraph (1), the Secretary shall specify— 

(A) the approximate size of the parcel; 

(B) an estimate of the fair market value of the parcel, 

if available or as practicable; 

(C) the date on which the Secretary determined, or 

the date by which the Secretary expects to determine, 

that the parcel is excess and made eligible for transfer 

to the territorial government; and 

40 USC 521 note. 


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(D) the citation of the specific legal authority (including 

the Guam Omnibus Opportunities Act) under which the 

Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel. 

(b) PARCELS REQUIRED TO BE INCLUDED.—The Secretary shall 

include in the inventory under this section each of the following 

parcels, as described in the 2017 Net Negative Report: 

(1) The Tanguisson Power Plant (5 acres), listed as Site 

14 in the Report. 

(2) The Harmon Substation Annex (9.9 acres), listed as 

Site 15 in the Report. 

(3) The Piti Power Plant and Substation (15.5 acres), listed 

as Site 38 in the Report. 

(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 

in the Report. 

(5) The Agana Power Plant and Substation (5.9 acres), 

listed as Site 54 in the Report. 

(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind 

Old Telex (3.7 acres), listed as Site 23 in the Report. 

(7) The Parcel South of Camp Covington, Parcel 7 (60.8 

acres), listed as Site 49 in the Report. 

(8) The NCTS Beach Lot, adjacent to the Tanguisson Power 

Plant (13.3 acres), listed as Site 13 in the Report. 

(9) The Hoover Park Annex (also known as ‘‘Old USO 

Beach’’; 6 acres), listed as Site 37 in the Report. 

(10) Parcel ‘‘C’’ Marbo Cave Annex (5 acres), listed as 

Site 12 in the Report. 

(c) INCLUSION OF ADDITIONAL PARCELS IN INVENTORY.— 

(1) REQUEST BY GOVERNOR.—The Governor of the territory 

of Guam may submit a request to the Secretary to add parcels 

to the inventory maintained under subsection (a), and shall 

specify in any such request any public benefit uses or public 

purposes proposed by the Governor for the parcel involved, 

pursuant to the Guam Omnibus Opportunities Act or any other 

relevant Federal law. 

(2) CONSIDERATION BY SECRETARY.—Not later than 180 

days of receipt of a request from the Governor under paragraph 

(1), the Secretary shall review the request and provide a 

response in writing to the Governor as to whether the Secretary 

will agree to the request to include the specific land parcel 

in the inventory maintained under subsection (a). If the Secretary denies the request, the Secretary shall provide a detailed 

written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on 

which the Secretary expects that military need to cease, if 

ever. 

(d) EXCLUSION OF PARCELS.—The Secretary shall not include 

in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment 

of this Act, without regard to whether or not the parcel is included 

in the inventory under subsection (b). 

(e) PUBLIC NOTIFICATION.—The Secretary shall publish and 

update on a public website of the United States Government the 

following information: 

(1) The inventory maintained under subsection (a), 

including the parcels required to be included in such inventory 

under subsection (b). 


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(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public 

purpose specified in any such request. 

(3) A copy of each response provided by the Secretary 

to each request submitted by the Governor under subsection 

(c). 

(4) A description of each parcel of land transferred by 

the Secretary to the territorial government after January 20, 

2011, including the following: 

(A) The approximate size of the parcel. 

(B) An estimate of the fair market value of the parcel, 

if available or as practicable. 

(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government. 

(D) The date the parcel was transferred to the territorial government. 

(f) DEFINITIONS.—In this section, the following definitions apply: 

(1) 2017 NET NEGATIVE REPORT.—The term ‘‘2017 Net Negative Report’’ means the report submitted by the Secretary of 

the Navy, on behalf of the Secretary of Defense, under section 

2208 of the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328; 130 Stat. 2695) regarding the status 

of the implementation of the ‘‘net negative’’ policy regarding 

the total number of acres of the real property controlled by 

the Department of the Navy or the Department of Defense 

on Guam. 

(2) GOVERNOR.—The term ‘‘Governor’’ means the Governor 

of the territory of Guam. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Navy. 

(4) TERRITORIAL GOVERNMENT.—The term ‘‘territorial 

government’’ means the government of Guam established under 

the Organic Act of Guam (48 U.S.C. 1421 et seq.). 

SEC. 2848. MODIFICATION OF CONDITIONS ON LAND CONVEYANCE, 

JOLIET ARMY AMMUNITION PLANT, ILLINOIS. 

Section 2922(c) of the Military Construction Authorization Act 

for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 

605), as amended by section 2842 of the Military Construction 

Authorization Act for Fiscal Year 2000 (division B of Public Law 

106–65; 113 Stat. 863) and section 2838 of the Military Construction 

Authorization Act for Fiscal Year 2015 (division B of Public Law 

113–291; 128 Stat. 3710), is amended— 

(1) by striking ‘‘(1) The conveyance’’ and inserting ‘‘The 

conveyance’’; and 

(2) by striking paragraph (2). 

SEC. 2849. LAND CONVEYANCE, NAVAL ACADEMY DAIRY FARM, 

GAMBRILLS, MARYLAND. 

(a) CONVEYANCE AUTHORIZED.—Notwithstanding section 6976 

of title 10, United States Code, the Secretary of the Navy may 

convey and release to Anne Arundel County, Maryland (in this 

section referred to as the ‘‘County’’) all right, title, and interest 

of the United States in and to the real property, including any 

improvements thereon, consisting of approximately 40 acres at the 

property commonly referred to as the Naval Academy dairy farm 

located in Gambrills, Maryland (in this section referred to as the 

16 USC 1609. 


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‘‘Dairy Farm’’), for use in support of a public park, recreational 

area, and additional public uses. 

(b) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—As consideration for the 

conveyance and release under subsection (a), the County shall 

provide an amount that is equivalent to the fair market value 

to the Department of the Navy of the right, title, and interest 

conveyed and released under such subsection, based on an 

appraisal approved by the Secretary of the Navy. The consideration under this paragraph may be provided by cash payment, 

in-kind consideration, or a combination thereof, at such time 

as the Secretary may require. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the County under paragraph (1) may include the 

acquisition, construction, provision, improvement, maintenance, 

repair, or restoration (including environmental restoration), or 

combination thereof, of any facility, real property, or infrastructure under the jurisdiction of the Secretary. 

(3) TREATMENT OF CONSIDERATION RECEIVED.—Consideration in the form of cash payment received by the Secretary 

under paragraph (1) shall be retained by the Superintendent 

of the Naval Academy and shall be available to cover expenses 

related to the Dairy Farm, including reimbursing nonappropriated fund instrumentalities of the Naval Academy. 

(c) PAYMENT OF COST OF CONVEYANCE AND RELEASE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 

require the County to pay costs to be incurred by the Secretary, 

or to reimburse the Secretary for such costs incurred by the 

Secretary, to carry out the conveyance and release under subsection (a), including survey costs, appraisal costs, costs for 

environmental documentation related to the conveyance and 

release, and any other administrative costs related to the 

conveyance and release. If amounts are collected from the 

County in advance of the Secretary incurring the actual costs, 

and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance and release or 

any costs incurred by the Secretary to administer the County’s 

lease of the Dairy Farm, the Secretary shall refund the excess 

amount to the County. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to pay the costs incurred 

by the Secretary in carrying out the conveyance and release 

under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations 

of fund that is currently available to the Secretary for the 

same purpose. Amounts so credited shall be merged with 

amounts in such fund or account and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property which is subject to conveyance and 

release under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance and release under subsection (a) as the 


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Secretary considers appropriate to protect the interests of the 

United States. 

(f) NO EFFECT ON EXISTING LEASES GOVERNING PROPERTY NOT

SUBJECT TO CONVEYANCE.—Nothing in this section or in any conveyance and release carried out pursuant to this section may be construed to affect the terms, conditions, or applicability of any existing 

agreement entered into between the Country and the Secretary 

of the Navy which governs the use of any portion of the Dairy 

Farm which is not subject to conveyance and release under this 

section. 

SEC. 2850. TECHNICAL CORRECTION OF DESCRIPTION OF LIMESTONE 

HILLS TRAINING AREA LAND WITHDRAWAL AND RESERVATION, MONTANA. 

Section 2931(b) of the Military Construction Authorization Act 

for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 

1031) is amended by striking ‘‘18,644 acres’’ and all that follows 

through ‘‘April 10, 2013’’ and inserting the following: ‘‘18,964 acres 

in Broadwater County, Montana, generally depicted as ‘Limestone 

Hills Training Area Land Withdrawal’ on the map entitled ‘Limestone Hills Training Area Land Withdrawal’, dated May 11, 2017’’. 

SEC. 2851. LAND CONVEYANCE, WASATCH-CACHE NATIONAL FOREST, 

RICH COUNTY, UTAH. 

(a) LAND CONVEYANCE AUTHORIZED.—Subject to valid existing 

rights, not later than 6 months after the date of the enactment 

of this section, the Secretary of Agriculture shall convey, without 

consideration, to the Utah State University Research Foundation, 

(in this section referred to as the ‘‘Foundation’’) all right, title, 

and interest of the United States in and to a parcel of real property 

consisting of approximately 80 acres, including improvements 

thereon, located outside of the boundaries of the Wasatch-Cache 

National Forest, Rich County, Utah, within Sections 19 and 30, 

Township 14 North, Range 5 East, Salt Lake Base and Meridian 

for the purpose of permitting the Foundation to use the property 

for scientific and educational purposes. 

(b) REVERSIONARY INTEREST.—If the Secretary of Agriculture 

determines at any time that the real property conveyed under 

subsection (a) is not being used in accordance with the purpose 

of the conveyance specified in such subsection, all right, title and 

interest in and to such real property, including any improvements 

thereto, shall, at the option of the Secretary, revert to and become 

the property of the United States, and the United States shall 

have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made 

on the record after an opportunity for a hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of Agriculture shall 

require the Foundation to cover the costs (except any costs 

for environmental remediation of the property) to be incurred 

by the Secretary, or to reimburse the Secretary for such costs 

incurred by the Secretary, to carry out the conveyance under 

subsection (a), including survey costs, costs for environmental 

documentation, and any other administrative costs related to 

the conveyance. If amounts are collected from the Foundation 

in advance of the Secretary incurring the actual costs, and 

the amount collected exceeds the costs actually incurred by 


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the Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the Foundation. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover those costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of 

Agriculture. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of 

Agriculture may require such additional terms and conditions in 

connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United 

States. 

SEC. 2852. COMMEMORATION OF FREEDMAN’S VILLAGE. 

(a) FREEDMAN’S VILLAGE GATE.—The Secretary of the Army 

shall, as part of the southern expansion of Arlington National 

Cemetery, name the newly constructed gate located at the intersection of Hobson Drive and Southgate Road, ‘‘Freedman’s Village 

Gate’’. 

(b) PERMANENT EASEMENT.—The Secretary of the Army is 

directed to grant to Arlington County a permanent easement of 

no less than 0.1 acres of land within the right-of-way of Southgate 

Road to the south and west of Hobson Drive and west of the 

planned joint base access road that is also continuous with Foxcroft 

Heights Park for the purpose of commemorating Freedman’s Village. 

(c) RELOCATION OF COMMEMORATION IN EVENT LOCATION IS

USED FOR BURIAL PURPOSES.—In the event Arlington National 

Cemetery subsequently acquires the property used for the 

commemoration described under subsection (b) for burial purposes, 

the Army shall relocate any commemoration of Freedman’s Village 

to an appropriate location. 

(d) REIMBURSEMENT.—The Secretary of Defense may accept 

reimbursement from Arlington County for any costs associated with 

commemorating Freedman’s Village. 

Subtitle D—Other Matters 

SEC. 2861. DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM. 

Section 2391 of title 10, United States Code, is amended— 

(1) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; 

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

‘‘(d) DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM.— 

(1) The Secretary of Defense may make grants, conclude cooperative 

agreements, and supplement funds available under Federal programs administered by agencies other than the Department of 

Defense to assist State and local governments to address deficiencies 

in community infrastructure supportive of a military installation, 


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if the Secretary determines that such assistance will enhance the 

military value, resilience, or military family quality of life at such 

military installation. 

‘‘(2) The Secretary shall establish criteria for the selection of 

community infrastructure projects to receive assistance under paragraph (1). The criteria shall include a requirement that the State 

or local government agree to contribute not less than 30 percent 

of the funding for the community infrastructure project, unless 

the community infrastructure project is located in a rural area, 

or for reasons related to national security, in which case the Secretary may waive the requirement for a State or local government 

contribution. 

‘‘(3) Amounts appropriated or otherwise made available for 

assistance under paragraph (1) may remain available until 

expended. 

‘‘(4) The authority under this subsection shall expire upon 

the expiration of the 10-year period which begins on the date 

of the enactment of the National Defense Authorization Act for 

Fiscal Year 2019.’’; and 

(3) in subsection (e), as redesignated by paragraph (1), 

by adding at the end the following new paragraphs: 

‘‘(4) The term ‘community infrastructure’ means any 

transportation project; school, hospital, police, fire, emergency 

response, or other community support facility; or water, wastewater, telecommunications, electric, gas, or other utility infrastructure project that is located off of a military installation 

and owned by a State or local government. 

‘‘(5) The term ‘rural area’ means a city, town, or unincorporated area that has a population of not more than 50,000 

inhabitants.’’. 

SEC. 2862. STRATEGIC PLAN TO IMPROVE CAPABILITIES OF DEPARTMENT OF DEFENSE TRAINING RANGES AND INSTALLATIONS. 

(a) PLAN REQUIRED.—The Secretary of Defense shall develop 

and implement a comprehensive strategic plan to identify and 

address deficits in the capabilities of Department of Defense 

training ranges to support current and anticipated readiness 

requirements to execute the National Defense Strategy (NDS). 

(b) EVALUATION.—As part of the preparation of the strategic 

plan, the Secretary shall conduct an evaluation of the following: 

(1) The adequacy of current training range resources to 

include the ability to train against near-peer or peer threats 

in a realistic 5th Generation environment. 

(2) The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces. 

(c) ELEMENTS.—The strategic plan shall include the following: 

(1) An integrated priority list of location-specific proposals 

and/or infrastructure project priorities, with associated Department of Defense Form 1391 documentation, required to both 

address any limitations or constraints on current Department 

resources, including any climatically induced impacts or shortfalls, and achieve full spectrum training (integrating virtual 

and constructive entities into live training) against a more 

technologically advanced peer adversary. 

(2) Goals and milestones for tracking actions under the 

plan and measuring progress in carrying out such actions. 

10 USC 113 note. 


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(3) Projected funding requirements for implementing 

actions under the plan. 

(d) DEVELOPMENT AND IMPLEMENTATION.—The Under Secretary 

of Defense for Acquisition and Sustainment, as the principal staff 

assistant to the Secretary on installation management, shall have 

lead responsibility for developing and overseeing implementation 

of the strategic plan and for coordination of the discharge of the 

plan by components of the Department. 

(e) REPORT ON IMPLEMENTATION.—Not later than April 1, 2020, 

the Secretary shall, through the Under Secretary of Defense for 

Acquisition and Sustainment, submit to Congress a report on the 

progress made in implementing this section, including the following: 

(1) A description of the strategic plan. 

(2) A description of the results of the evaluation conducted 

under subsection (b). 

(3) Such recommendations as the Secretary considers 

appropriate with respect to improvements of the capabilities 

of training ranges and enablers. 

(f) PROGRESS REPORTS.—Not later than April 1, 2019, and 

annually thereafter for 3 years, the Secretary shall, through the 

Under Secretary, submit to Congress a report setting forth the 

following: 

(1) A description of the progress made during the preceding 

fiscal year in implementing the strategic plan. 

(2) A description of any additional actions taken, or to 

be taken, to address limitations and constraints on training 

ranges and enablers. 

(3) Assessments of individual training ranges addressing 

the evaluation conducted under subsection (b). 

(g) ADDITIONAL REPORT ELEMENT.—Each report under subsections (e) and (f) shall also include a list of significant modifications to training range inventory, such as range closures or expansions, during the preceding fiscal year, including any limitations 

or impacts due to climatic conditions. 

SEC. 2863. RESTRICTIONS ON USE OF FUNDS FOR DEVELOPMENT OF 

PUBLIC INFRASTRUCTURE IN COMMONWEALTH OF 

NORTHERN MARIANA ISLANDS. 

(a) RESTRICTION.—If the Secretary of Defense determines that 

any grant, cooperative agreement, transfer of funds to another 

Federal agency, or supplement of funds available under Federal 

programs administered by agencies other than the Department 

of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, 

or construction) of public infrastructure in the Commonwealth of 

the Northern Mariana Islands (hereafter in this section referred 

to as the ‘‘Commonwealth’’), the Secretary of Defense may not 

carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, 

or supplemental funding— 

(1) is specifically authorized by law; and 

(2) will be used to carry out a public infrastructure project 

included in the report submitted under subsection (b). 

(b) REPORT OF ECONOMIC ADJUSTMENT COMMITTEE.— 

(1) CONVENING OF COMMITTEE.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary 

of Defense, as the chair of the Economic Adjustment Committee 

10 USC 2391 

note. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2285 

established in Executive Order No. 127887 (10 U.S.C. 2391 

note), shall convene the Economic Adjustment Committee to 

consider assistance, including assistance to support public infrastructure projects, necessary to support changes in Department 

of Defense activities in the Commonwealth. 

(2) REPORT.—Not later than 180 days after convening the 

Economic Adjustment Committee under paragraph (1), the Secretary shall submit to the congressional defense committees 

a report— 

(A) describing the results of the Economic Adjustment 

Committee deliberations required by paragraph (1); and 

(B) containing a description of any assistance the Committee determines to be necessary to support changes in 

Department of Defense activities in the Commonwealth, 

including any public infrastructure projects the Committee 

determines should be carried out with such assistance. 

(c) PUBLIC INFRASTRUCTURE DEFINED.—In this section, the term 

‘‘public infrastructure’’ means any utility, method of transportation, 

item of equipment, or facility under the control of a public entity 

or State or local government that is used by, or constructed for 

the benefit of, the general public. 

SEC. 2864. STUDY AND REPORT ON INCLUSION OF COLEMAN BRIDGE, 

YORK RIVER, VIRGINIA, IN STRATEGIC HIGHWAY NETWORK. 

(a) STUDY.—The Commander of the United States Transportation Command shall conduct a study of the feasibility and desirability of including the George P. Coleman Memorial Bridge on 

the York River, Virginia, and United States Route 17 in the Strategic Highway Network. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Commander shall submit to the congressional defense committees a report on the results of the study 

conducted under subsection (a). 

SEC. 2865. DEFENSE ACCESS ROADS RELATING TO CLOSURES DUE 

TO SEA LEVEL FLUCTUATION AND FLOODING. 

(a) AUTHORITY.—Section 210(a)(1) of title 23, United States 

Code, is amended by striking ‘‘closures or restrictions’’ and inserting 

‘‘closures, closures due to mean sea level fluctuation and flooding, 

or restrictions’’. 

(b) USE OF FUNDS.—Section 210 of title 23, United States 

Code, is amended by adding at the end the following: 

‘‘(i) Beginning in fiscal year 2019, funds appropriated for the 

purposes of this section shall be available to pay the cost of repairing 

damage caused to, and for any infrastructure to mitigate the risks 

posed to, highways by recurrent flooding and sea level fluctuation, 

if the Secretary of Defense shall determine that continued access 

to a military installation has been impacted by past flooding and 

mean sea level fluctuation.’’. 

SEC. 2866. AUTHORITY TO TRANSFER FUNDS FOR CONSTRUCTION OF 

INDIAN RIVER BRIDGE. 

Notwithstanding the limitation in section 2215 of title 10, 

United States Code, the Secretary of Defense may transfer to the 

Administrator of the National Aeronautics and Space Administration up to 50 percent of the shared costs of constructing the Indian 


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132 STAT. 2286 PUBLIC LAW 115–232—AUG. 13, 2018 

River Bridge. The authority under this section shall expire on 

October 1, 2022. 

SEC. 2867. PLAN TO ALLOW INCREASED PUBLIC ACCESS TO THE 

NATIONAL NAVAL AVIATION MUSEUM AND BARRANCAS 

NATIONAL CEMETERY, NAVAL AIR STATION PENSACOLA. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Navy shall submit to the congressional 

defense committees a plan to allow increased public access to the 

National Naval Aviation Museum and Barrancas National Cemetery 

at Naval Air Station Pensacola. 

TITLE XXIX—OVERSEAS CONTINGENCY 

OPERATIONS MILITARY CONSTRUCTION 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Navy construction and land acquisition projects. 

Sec. 2903. Authorized Air Force construction and land acquisition projects. 

Sec. 2904. Authorized defense agencies construction and land acquisition projects. 

Sec. 2905. Authorization of appropriations. 

Sec. 2906. Restrictions on use of funds for planning and design costs of European 

Deterrence Initiative projects. 

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of the Army may acquire real property and 

carry out the military construction projects for the installations 

outside the United States, and in the amounts, set forth in the 

following table: 

Army: Outside the United States 

Country Location Amount 

Bulgaria .................. Nevo Selo FOS ........................................ $5,200,000 

Poland ..................... Drawsko Pomorski Training Area ......... $17,000,000 

Powidz Air Base ...................................... $87,000,000 

Zagan Training Area .............................. $40,400,000 

Romania ................. Mihail Kogalniceanu FOS ...................... $21,651,000 

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of the Navy may acquire real property and 

carry out the military construction projects for the installations 

outside the United States, and in the amounts, set forth in the 

following table: 

Navy: Outside the United States 

Country Location Amount 

Greece ..................... Naval Support Activity Souda Bay ....... $47,850,000 

Italy ........................ Naval Air Station Sigonella ................... $66,050,000 

Spain ....................... Naval Station Rota ................................. $21,590,000 

United Kingdom .... Lossiemouth ............................................ $79,130,000 


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SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

The Secretary of the Air Force may acquire real property and 

carry out the military construction projects for the installations 

outside the United States, and in the amounts, set forth in the 

following table: 

Air Force: Outside the United States 

Country Location Amount 

Germany ................. Ramstein Air Base .................................. $119,000,000 

Norway ................... Rygge ....................................................... $13,800,000 

Qatar ...................... Al Udeid ................................................... $70,400,000 

Slovakia .................. Malacky ................................................... $59,000,000 

United Kingdom .... RAF Fairford ........................................... $106,000,000 

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

The Secretary of Defense may acquire real property and carry 

out the military construction projects for the installations outside 

the United States, and in the amounts, set forth in the following 

table: 

Defense Agencies: Outside the United States 

Country Location Amount 

Estonia ................... Unspecified Estonia ................................ $15,700,000 

Qatar ...................... Al Udeid ................................................... $60,000,000 

SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2018, for the military construction 

projects outside the United States authorized by this title as specified in the funding table in section 4602. 

SEC. 2906. RESTRICTIONS ON USE OF FUNDS FOR PLANNING AND 

DESIGN COSTS OF EUROPEAN DETERRENCE INITIATIVE 

PROJECTS. 

None of the funds authorized to be appropriated for military 

construction projects outside the United States authorized by this 

title may be obligated or expended for planning and design costs 

of any project associated with the European Deterrence Initiative 

until the Secretary of Defense submits to the congressional defense 

committees a list of all of the military construction projects associated with the European Deterrence Initiative which the Secretary 

anticipates will be carried out during each of the fiscal years 2019 

through 2023. 


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132 STAT. 2288 PUBLIC LAW 115–232—AUG. 13, 2018 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs and Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Nuclear energy. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Development of low-yield nuclear weapons. 

Sec. 3112. Department of Energy counterintelligence polygraph program. 

Sec. 3113. Inclusion of capital assets acquisition projects in activities by Director 

for Cost Estimating and Program Evaluation. 

Sec. 3114. Modification of authority for acceptance of contributions for acceleration 

of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. 

Sec. 3115. Notification regarding air release of radioactive or hazardous material at 

Hanford Nuclear Reservation. 

Sec. 3116. Amendments to the Atomic Energy Act of 1954. 

Sec. 3117. Extension of enhanced procurement authority to manage supply chain 

risk. 

Sec. 3118. Hanford waste tank cleanup program. 

Sec. 3119. Use of funds for construction and project support activities relating to 

MOX facility. 

Sec. 3120. Plutonium pit production. 

Sec. 3121. Pilot program on conduct by Department of Energy of background reviews for access by certain individuals to national security laboratories. 

Sec. 3122. Prohibition on availability of funds for programs in Russian Federation. 

Sec. 3123. Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium. 

Sec. 3124. Limitation on availability of funds relating to submission of annual reports on unfunded priorities. 

Subtitle C—Plans and Reports 

Sec. 3131. Modifications to cost-benefit analyses for competition of management 

and operating contracts. 

Sec. 3132. Nuclear forensics analyses. 

Sec. 3133. Review of defense environmental cleanup activities. 

Sec. 3134. Whistleblower protections. 

Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear Security 

Administration. 

Sec. 3136. Survey of workforce of national security laboratories and nuclear weapons production facilities. 

Sec. 3137. Elimination of certain reports. 

Subtitle D—Other Matters 

Sec. 3141. Acceleration of replacement of cesium blood irradiation sources. 

Sec. 3142. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. 

Subtitle A—National Security Programs 

and Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 


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fiscal year 2019 for the activities of the National Nuclear Security 

Administration in carrying out programs as specified in the funding 

table in section 4701. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out new plant 

projects for the National Nuclear Security Administration as follows: 

Project 19–D–660, Lithium Production Capability, Y–12 National Security Complex, Oak Ridge, Tennessee, $19,000,000. 

Project 19–D–670, 138k Power Transmission System 

Replacement, Nevada National Security Site, Mercury, Nevada, 

$6,000,000. 

Project 19–D–930, KS Overhead Piping, Kesselring Site, West Milton, New York, $10,994,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for defense environmental 

cleanup activities in carrying out programs as specified in the 

funding table in section 4701. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for other defense activities 

in carrying out programs as specified in the funding table in section 

4701. 

SEC. 3104. NUCLEAR ENERGY. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for nuclear energy as specified 

in the funding table in section 4701. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. DEVELOPMENT OF LOW-YIELD NUCLEAR WEAPONS. 

(a) AUTHORIZATION.—The Secretary of Energy, acting through 

the Administrator for Nuclear Security, may carry out the 

engineering development phase, and any subsequent phase, to 

modify or develop a low-yield nuclear warhead for submarinelaunched ballistic missiles. 

(b) MODIFICATION OF LIMITATION ON DEVELOPMENT.—Section 

3116(c) of the National Defense Authorization Act for Fiscal Year 

2004 (Public Law 108–136; 117 Stat. 1746; 50 U.S.C. 2529 note) 

is amended by striking ‘‘specifically authorized by Congress’’ and 

inserting ‘‘the Secretary specifically requests funding for the 

development of that weapon pursuant to section 4209(a) of the 

Atomic Energy Defense Act (50 U.S.C. 2529(a))’’. 

(c) REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.— 

Section 4209(a)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2529(a)(1)) is amended— 

(1) by striking ‘‘the Secretary shall’’ and inserting the following: ‘‘the Secretary— 

‘‘(A) shall’’; and 

(2) by striking the period at the end and inserting ‘‘; and’’; 

and 

50 USC 2529 

note. 


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132 STAT. 2290 PUBLIC LAW 115–232—AUG. 13, 2018 

‘‘(B) may carry out such activities only if amounts are 

authorized to be appropriated for such activities by an Act 

of Congress consistent with section 660 of the Department 

of Energy Organization Act (42 U.S.C. 7270).’’. 

SEC. 3112. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 

Section 4504(b) of the Atomic Energy Defense Act (50 U.S.C. 

2654(b)) is amended by adding at the end the following new paragraph: 

‘‘(4) In the event of a counterintelligence investigation, the 

regulations prescribed under paragraph (1) may ensure that the 

persons subject to the counterintelligence polygraph program 

required by subsection (a) include any person who is— 

‘‘(A) a national of the United States (as such term is defined 

in section 101 of the Immigration and Nationality Act (8 U.S.C. 

1101)) and also a national of a foreign state; and 

‘‘(B) an employee or contractor who requires access to classified information.’’. 

SEC. 3113. INCLUSION OF CAPITAL ASSETS ACQUISITION PROJECTS 

IN ACTIVITIES BY DIRECTOR FOR COST ESTIMATING AND 

PROGRAM EVALUATION. 

(a) IN GENERAL.—Section 3221 of the National Nuclear Security 

Administration Act (50 U.S.C. 2411) is amended— 

(1) by redesignating subsection (h) as subsection (i); 

(2) by inserting after subsection (g) the following new subsection: 

‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to require duplicate reviews or cost estimates for 

major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.’’; and 

(3) in subsection (i)(2), as redesignated by paragraph (1)— 

(A) by striking ‘‘PROGRAM.—’’ and all that follows 

through ‘‘, the term’’ and inserting ‘‘PROGRAM.—The term’’; 

(B) by striking subparagraph (B); and 

(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the left. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on the date that is 18 months after the date 

of the enactment of this Act. 

(c) BRIEFING.—Not later than one year after the date of the 

enactment of this Act, the Administrator for Nuclear Security and 

the Secretary of Energy shall jointly brief the congressional defense 

committees on a plan for implementing the amendments made 

by subsection (a)(3) in a manner that avoids duplication of reviews 

and cost estimates with respect to major atomic energy defense 

acquisition programs. 

SEC. 3114. MODIFICATION OF AUTHORITY FOR ACCEPTANCE OF CONTRIBUTIONS FOR ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL MATERIALS, 

AND RELATED EQUIPMENT AT VULNERABLE SITES 

WORLDWIDE. 

Section 3132(f) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) is 

amended— 

50 USC 2411 

note. 


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(1) by striking paragraph (5); 

(2) by redesignating paragraphs (6) and (7) as paragraphs 

(5) and (6), respectively; and 

(3) in paragraph (6), as redesignated by paragraph (2), 

by striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 

2023’’. 

SEC. 3115. NOTIFICATION REGARDING AIR RELEASE OF RADIOACTIVE 

OR HAZARDOUS MATERIAL AT HANFORD NUCLEAR RESERVATION. 

(a) IN GENERAL.—Subtitle C of title XLIV of the Atomic Energy 

Defense Act (50 U.S.C. 2621 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 4447. NOTIFICATION REGARDING AIR RELEASE OF RADIOACTIVE 

OR HAZARDOUS MATERIAL. 

‘‘If the Secretary of Energy (or a designee of the Secretary) 

is notified of an improper release into the air of radioactive or 

hazardous material above applicable statutory or regulatory limits 

that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, 

the Secretary (or designee of the Secretary) shall— 

‘‘(1) not later than two business days after being notified 

of the release, notify the congressional defense committees of 

the release; and 

‘‘(2) not later than seven business days after being notified 

of the release, provide the congressional defense committees 

a briefing on the status of the release, including— 

‘‘(A) the cause of the release, if known; and 

‘‘(B) preliminary plans to address and remediate the 

release, including associated costs and timelines.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4446 the following new item: 

‘‘Sec. 4447. Notification regarding air release of radioactive or hazardous material.’’. 

SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT OF 1954. 

(a) CLARIFICATION OF PROHIBITION ON DELEGATION OF

AUTHORITY RELATING TO SPECIAL NUCLEAR MATERIAL.—Section 161 

n. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(n)) is amended 

by striking ‘‘57 b.,’’ and inserting ‘‘57 b. (with respect to enrichment 

and reprocessing of special nuclear material or with respect to 

transfers to any covered foreign country (as defined in section 

3136(i) of the National Defense Authorization Act for Fiscal Year 

2016 (42 U.S.C. 2077a(i))),’’. 

(b) CIVIL PENALTIES.—Section 234 a. of the Atomic Energy 

Act of 1954 (42 U.S.C. 2282(a)) is amended— 

(1) by striking ‘‘57,’’; and 

(2) by striking ‘‘or (2)’’ and inserting ‘‘(2) violates any provision of section 57, or (3)’’. 

(c) REPORT.—Section 3136(e)(2) of the National Defense 

Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(e)(2)) is 

amended— 

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and 

(2) by inserting after subparagraph (B) the following new 

subparagraph (C): 

50 USC 2627. 


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‘‘(C) for each such application, an identification of any 

officer to which the authorization under such section 57 

b. was delegated pursuant to section 161 n. of that Act 

(42 U.S.C. 2201(n));’’. 

SEC. 3117. EXTENSION OF ENHANCED PROCUREMENT AUTHORITY TO 

MANAGE SUPPLY CHAIN RISK. 

(a) EXTENSION.—Subsection (g) of section 4806 of the Atomic 

Energy Defense Act (50 U.S.C. 2786) is amended to read as follows: 

‘‘(g) TERMINATION.—The authority under this section shall 

terminate on June 30, 2023.’’. 

(b) TECHNICAL AMENDMENT.—Subsection (f)(5)(A) of such section is amended by striking ‘‘section 3542(b) of title 44’’ and 

inserting ‘‘section 3552(b) of title 44’’. 

SEC. 3118. HANFORD WASTE TANK CLEANUP PROGRAM. 

Section 4442(e) of the Atomic Energy Defense Act (50 U.S.C. 

2622(e)) is amended by striking ‘‘2019’’ and inserting ‘‘2024’’. 

SEC. 3119. USE OF FUNDS FOR CONSTRUCTION AND PROJECT SUPPORT ACTIVITIES RELATING TO MOX FACILITY. 

(a) IN GENERAL.—Except as provided by subsection (b), the 

Secretary of Energy shall carry out construction and project support 

activities relating to the MOX facility using funds authorized to 

be appropriated by this Act or otherwise made available for fiscal 

year 2019 for the National Nuclear Security Administration for 

the MOX facility. 

(b) WAIVER.—The Secretary may waive the requirement under 

subsection (a) if the Secretary submits to the congressional defense 

committees the matters specified in section 3121(b)(1) of the 

National Defense Authorization Act for Fiscal Year 2018 (Public 

Law 115–91; 131 Stat. 1892). 

(c) DEFINITIONS.—In this section: 

(1) MOX FACILITY.—The term ‘‘MOX facility’’ means the 

mixed-oxide fuel fabrication facility at the Savannah River 

Site, Aiken, South Carolina. 

(2) PROJECT SUPPORT ACTIVITIES.—The term ‘‘project support activities’’ means activities that support the design, longlead equipment procurement, and site preparation of the MOX 

facility. 

SEC. 3120. PLUTONIUM PIT PRODUCTION. 

(a) STATEMENT OF POLICY.—It is the policy of the United States 

that— 

(1) Los Alamos National Laboratory, Los Alamos, New 

Mexico, is the Plutonium Science and Production Center of 

Excellence for the United States; and 

(2) Los Alamos National Laboratory will produce a minimum of 30 pits per year for the national pit production mission 

and will implement surge efforts to exceed 30 pits per year 

to meet Nuclear Posture Review and national policy. 

(b) INDEPENDENT ASSESSMENT OF PLUTONIUM STRATEGY.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Administrator for Nuclear Security, shall 

seek to enter into a contract with a federally funded research 


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and development center to conduct an assessment of the plutonium strategy of the National Nuclear Security Administration. 

The assessment shall include— 

(A) an analysis of the engineering assessment and 

analysis of alternatives, including an analysis of each of 

the four major options contained within the engineering 

assessment; 

(B) an assessment of the risks and benefits involved 

in each such option, including risks and benefits related 

to cost, schedule, licensing, labor availability, and workforce 

development, and effects on and from other programs; 

(C) a description of the strategies considered by the 

National Nuclear Security Administration to reduce those 

risks; and 

(D) an assessment of the strategy considered for manufacturing up to 80 pits per year at Los Alamos National 

Laboratory through the use of multiple labor shifts and 

additional equipment at PF–4 until modular facilities are 

completed to provide a long-term, single-labor shift 

capacity. 

(2) SELECTION.—The Secretary may not enter into the contract under paragraph (1) with a federally funded research 

and development center for which the Department of Energy 

or the National Nuclear Security Administration is the primary 

sponsor. 

(3) ACCESS TO INFORMATION.—The federally funded 

research and development center with which the Secretary 

enters into the contract under paragraph (1) shall have full 

and direct access to all information related to pit production, 

including information of the National Nuclear Security 

Administration and its management and operating contractors. 

(4) REPORT REQUIRED.—Not later than April 1, 2019, the 

federally funded research and development center with which 

the Secretary enters into the contract under paragraph (1) 

shall submit to the Secretary, the Administrator, and the 

Nuclear Weapons Council established under section 179 of title 

10, United States Code, a report containing the assessment 

required by paragraph (1). 

(5) SUBMISSION TO CONGRESS.—Not later than April 15, 

2019, the Secretary shall submit to the congressional defense 

committees the report required by paragraph (4), without 

change. 

(c) REPORT ON PIT PRODUCTION AT LOS ALAMOS NATIONAL

LABORATORY.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Administrator shall submit 

to the congressional defense committees a report containing— 

(A) a detailed plan to produce 30 pits per year at 

Los Alamos National Laboratory by 2026, including— 

(i) equipment and other construction already 

planned at the Chemistry and Metallurgy Research 

Replacement Facility; 

(ii) additional equipment or labor necessary to 

produce such pits; and 

(iii) effects on and from other ongoing programs 

at Los Alamos National Laboratory; and 


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(B) a detailed plan for designing and carrying out 

production of plutonium pits 31–80 at Los Alamos National 

Laboratory, in case the MOX facility is not operational 

and producing pits by 2030. 

(2) ASSESSMENT.—Not later than 120 days after the submission of the report required by paragraph (1), the Director for 

Cost Estimating and Program Evaluation of the National 

Nuclear Security Administration shall submit to the congressional defense committees an assessment of that report, 

including an assessment of the effect of increased ARIES 

activity in support of the dilute and dispose program on the 

plutonium pit production mission. 

(d) BRIEFING.—Not later than March 1, 2019, the Chairman 

of the Nuclear Weapons Council and the Administrator shall jointly 

provide to the congressional defense committees a briefing detailing 

the implementation plan for the plutonium strategy of the National 

Nuclear Security Administration, including milestones, accountable 

personnel for such milestones, and mechanisms for ensuring transparency into the progress of such strategy for the Department 

of Defense and the congressional defense committees. 

(e) ANNUAL CERTIFICATION.—Not later than April 1, 2019, and 

each year thereafter through 2025, the Chairman shall submit 

to the Secretary, the Administrator, and the congressional defense 

committees a written certification that the plutonium pit production 

plan of the National Nuclear Security Administration is on track 

to meet— 

(1) the military requirement of 80 pits per year by 2030, 

or such other military requirement as determined by the Secretary; 

(2) the statutory requirements for pit production timelines 

under section 4219 of the Atomic Energy Defense Act (50 U.S.C. 

2538a); and 

(3) all milestones and deliverables described in the plans 

required by subsection (c)(1). 

(f) FAILURE TO CERTIFY.— (1) NWC NOTIFICATION.—If in any year the Chairman is 

unable to submit the certification under subsection (e), the 

Chairman shall submit to the congressional defense committees, 

the Secretary, and the Administrator written notification 

describing why the Chairman is unable to make such certification. 

(2) NNSA RESPONSE.—Not later than 180 days after the 

date on which the Chairman makes a notification under paragraph (1), the Administrator shall submit to the congressional 

defense committees, the Secretary, and the Chairman a report 

that— 

(A) addresses the reasons identified in the notification 

with respect to the failure to make the certification under 

subsection (e); and 

(B) includes presentation of either a concurrent backup 

plan or a recovery plan, and the associated implementation 

schedules for such plan. 

(g) DEFINITIONS.—In this section: 

(1) ARIES.—The term ‘‘ARIES’’ means the Advanced 

Recovery and Integrated Extraction System method, developed 

and piloted at Los Alamos National Laboratory, Los Alamos, 

New Mexico, for disassembling surplus defense plutonium pits 


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and converting the plutonium from such pits into plutonium 

oxide. 

(2) DILUTE AND DISPOSE APPROACH.—The term ‘‘dilute and 

dispose approach’’ means a method of blending plutonium oxide 

made from surplus defense plutonium with an inert mixture, 

then packaging and indefinitely disposing of the combined 

material in a geologic repository. 

(3) MOX FACILITY.—The term ‘‘MOX facility’’ means the 

mixed-oxide fuel fabrication facility at the Savannah River 

Site, Aiken, South Carolina. 

SEC. 3121. PILOT PROGRAM ON CONDUCT BY DEPARTMENT OF 

ENERGY OF BACKGROUND REVIEWS FOR ACCESS BY CERTAIN INDIVIDUALS TO NATIONAL SECURITY LABORATORIES. 

(a) IN GENERAL.—The Secretary of Energy shall establish a 

pilot program to assess the feasibility and advisability of conducting 

background reviews required by section 4502(a) of the Atomic 

Energy Defense Act (50 U.S.C. 2652(a)) within the Department 

of Energy. 

(b) REQUIREMENTS.—Under the pilot program established under 

subsection (a), the Secretary may admit an individual described 

in section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 

2652(a)) to a facility of a national security laboratory described 

in that section if, in addition to the conduct of a background 

review under subsection (a) with respect to that individual— 

(1) the Secretary determines that the admission of that 

individual to that facility is in the national interest and will 

further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and 

(2) a security plan is developed and implemented to mitigate the risks associated with the admission of that individual 

to that facility. 

(c) ROLES OF SECRETARY AND DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.— 

(1) ROLE OF SECRETARY.—Under the pilot program under 

subsection (a), the Secretary shall conduct background reviews 

for all individuals described in section 4502(a) of the Atomic 

Energy Defense Act (50 U.S.C. 2652(a)) seeking admission to 

facilities of national security laboratories described in that section. Such reviews by the Secretary shall be conducted independent of and in addition to background reviews conducted 

by the Director of National Intelligence and the Director of 

the Federal Bureau of Investigation under that section. 

(2) ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE AND

DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION.—Notwithstanding paragraph (1), during the period during which the 

pilot program established under subsection (a) is being carried 

out, the Director of National Intelligence and the Director of 

the Federal Bureau of Investigation shall retain primary 

responsibility for the conduct of all background reviews required 

by section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 

2652(a)). 

(d) TERMINATION.—The pilot program established under subsection (a) shall terminate on the date that is two years after 

the date of the enactment of this Act. 

50 USC 2652 

note. 


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132 STAT. 2296 PUBLIC LAW 115–232—AUG. 13, 2018 

(e) REPORT REQUIRED.—Not later than 90 days after the date 

on which the pilot program established under subsection (a) terminates under subsection (d), the Secretary of Energy, in consultation 

with the Director of National Intelligence and the Director of the 

Federal Bureau of Investigation, shall submit to the appropriate 

congressional committees a report on the conduct of background 

reviews under the pilot program that includes— 

(1) a comparison of the effectiveness of and timelines 

required for background reviews conducted by the Secretary 

under the pilot program and background reviews conducted 

by the Director of National Intelligence and the Director of 

the Federal Bureau of Investigation under section 4502(a) of 

the Atomic Energy Defense Act (50 U.S.C. 2652(a)); and 

(2) the number of such reviews conducted for individuals 

who are citizens or agents of each country on the sensitive 

countries list referred to in that section. 

(f) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services and the Select 

Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of 

Representatives. 

(2) NATIONAL SECURITY LABORATORY.—The term ‘‘national 

security laboratory’’ has the meaning given that term in section 

4002 of the Atomic Energy Defense Act (50 U.S.C. 2501). 

SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS 

IN RUSSIAN FEDERATION. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2019 for atomic energy defense activities may be obligated or 

expended to enter into a contract with, or otherwise provide assistance to, the Russian Federation. 

(b) WAIVER.—The Secretary of Energy, without delegation, may 

waive the prohibition in subsection (a) only if— 

(1) the Secretary determines, in writing, that a nuclearrelated threat in the Russian Federation must be addressed 

urgently and it is necessary to waive the prohibition to address 

that threat; 

(2) the Secretary of State and the Secretary of Defense 

concur in the determination under paragraph (1); 

(3) the Secretary of Energy submits to the appropriate 

congressional committees a report containing— 

(A) a notification that the waiver is in the national 

security interest of the United States; 

(B) justification for the waiver, including the determination under paragraph (1); and 

(C) a description of the activities to be carried out 

pursuant to the waiver, including the expected cost and 

timeframe for such activities; and 

(4) a period of seven days elapses following the date on 

which the Secretary submits the report under paragraph (3). 

(c) EXCEPTION.—The prohibition under subsection (a) and the 

requirements under subsection (b) to waive that prohibition shall 

not apply to an amount, not to exceed $3,000,000, that the Secretary 


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may make available for the Department of Energy Russian Health 

Studies Program. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives. 

SEC. 3123. PROHIBITION ON AVAILABILITY OF FUNDS FOR RESEARCH 

AND DEVELOPMENT OF ADVANCED NAVAL NUCLEAR 

FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM. 

(a) PROHIBITION.—Except as provided by subsection (b), none 

of the funds authorized to be appropriated by this Act or otherwise 

made available for fiscal year 2019 for the Department of Energy 

or the Department of Defense may be obligated or expended to 

plan or carry out research and development of an advanced naval 

nuclear fuel system based on low-enriched uranium. 

(b) EXCEPTION.—In accordance with section 7319 of title 10, 

United States Code, of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2019 for 

defense nuclear nonproliferation, as specified in the funding table 

in section 4701, $10,000,000 shall be made available to the Deputy 

Administrator for Naval Reactors of the National Nuclear Security 

Administration for low-enriched uranium activities (including 

downblending of high-enriched uranium fuel into low-enriched uranium fuel, research and development using low-enriched uranium 

fuel, or the modification or procurement of equipment and infrastructure related to such activities) to develop an advanced naval 

nuclear fuel system based on low-enriched uranium. 

SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO 

SUBMISSION OF ANNUAL REPORTS ON UNFUNDED PRIORITIES. 

Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 

2756) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

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

‘‘(c) LIMITATION.—If the Administrator fails to submit to the 

congressional defense committees a report required by subsection 

(a) for any of fiscal years 2020 through 2024 that includes the 

matters specified in subsection (b)(1) for at least one unfunded 

priority by the deadline specified in subsection (a), not more than 

65 percent of the funds authorized to be appropriated or otherwise 

made available for the fiscal year in which such failure occurs 

for travel and transportation of persons under the Federal salaries 

and expenses account of the Administration may be obligated or 

expended until the date on which the Administrator submits such 

report.’’. 


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Subtitle C—Plans and Reports 

SEC. 3131. MODIFICATIONS TO COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS. 

(a) IN GENERAL.—Subtitle A of title XLVIII of the Atomic 

Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 4807. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS. 

‘‘(a) BRIEFINGS ON REQUESTS FOR PROPOSALS.—Not later than 

7 days after issuing a request for proposals for a contract to manage 

and operate a facility of the Administration, the Administrator 

shall brief the congressional defense committees on the preliminary 

assessment of the Administrator of the costs and benefits of the 

competition for the contract, including a preliminary assessment 

of the matters described in subsection (c) with respect to the contract. 

‘‘(b) REPORTS AFTER TRANSITION TO NEW CONTRACTS.—If the 

Administrator awards a new contract to manage and operate a 

facility of the Administration, the Administrator shall submit to 

the congressional defense committees a report that includes the 

matters described in subsection (c) with respect to the contract 

by not later than 30 days after the completion of the period required 

to transition to the contract. 

‘‘(c) MATTERS DESCRIBED.—The matters described in this subsection, with respect to a contract, are the following: 

‘‘(1) A clear and complete description of the cost savings 

the Administrator expects to result from the competition for 

the contract over the life of the contract, including associated 

analyses, assumptions, and information sources used to determine such expected cost savings. 

‘‘(2) A description of any key limitations or uncertainties 

that could affect such costs savings, including costs savings 

that are anticipated but not fully known. 

‘‘(3) The costs of the competition for the contract, including 

the immediate costs of conducting the competition, the costs 

of the transition to the contract from the previous contract, 

and any increased costs over the life of the contract. 

‘‘(4) A description of any disruptions or delays in mission 

activities or deliverables resulting from the competition for 

the contract. 

‘‘(5) A clear and complete description of the benefits 

expected by the Administrator with respect to mission performance or operations resulting from the competition. 

‘‘(6) How the competition for the contract complied with 

the Federal Acquisition Regulation regarding federally funded 

research and development centers, if applicable. 

‘‘(7) The factors considered and processes used by the 

Administrator to determine— 

‘‘(A) whether to compete or extend the previous contract; and 

‘‘(B) which activities at the facility should be covered 

under the contract rather than under a different contract. 

50 USC 2787. 


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‘‘(8) With respect to the matters included under paragraphs 

(1) through (7), a detailed description of the analyses conducted 

by the Administrator to reach the conclusions presented in 

the report, including any assumptions, limitations, and 

uncertainties relating to such conclusions. 

‘‘(9) Any other matters the Administrator considers appropriate. 

‘‘(d) INFORMATION QUALITY.—Each briefing required by subsection (a) and report required by subsection (b) shall be prepared 

in accordance with— 

‘‘(1) the information quality guidelines of the Department 

of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and 

‘‘(2) best practices of the Government Accountability Office 

and relevant industries for cost estimating, if appropriate. 

‘‘(e) REVIEW OF REPORTS BY COMPTROLLER GENERAL OF THE

UNITED STATES.— 

‘‘(1) INITIAL REVIEW.—The Comptroller General of the 

United States shall provide a briefing to the congressional 

defense committees that includes a review of each report 

required by subsection (b) not later than 180 days after the 

report is submitted to such committees. 

‘‘(2) COMPREHENSIVE REVIEW.— 

‘‘(A) DETERMINATION.—The Comptroller General shall 

determine, in consultation with the congressional defense 

committees, whether to conduct a comprehensive review 

of a report required by subsection (b). 

‘‘(B) SUBMISSION.—The Comptroller General shall 

submit a comprehensive review conducted under subparagraph (A) of a report required by subsection (b) to the 

congressional defense committees not later than 3 years 

after that report is submitted to such committees. 

‘‘(C) ELEMENTS.—A comprehensive review conducted 

under subparagraph (A) of a report required by subsection 

(b) shall include an assessment, based on the most current 

information available, of the following: 

‘‘(i) The actual cost savings achieved compared to 

cost savings estimated under subsection (c)(1), and any 

increased costs incurred under the contract that were 

unexpected or uncertain at the time the contract was 

awarded. 

‘‘(ii) Any disruptions or delays in mission activities 

or deliverables resulting from the competition for the 

contract compared to the disruptions and delays estimated under subsection (c)(4). 

‘‘(iii) Whether expected benefits of the competition 

with respect to mission performance or operations have 

been achieved. 

‘‘(iv) Such other matters as the Comptroller General considers appropriate. 

‘‘(f) APPLICABILITY.— 

‘‘(1) IN GENERAL.—The requirements for briefings under 

subsection (a) and reports under subsection (b) shall apply 

with respect to requests for proposals issued or contracts 

awarded, as applicable, by the Administrator during fiscal years 

2019 through 2022. 


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‘‘(2) NAVAL REACTORS.—The requirements for briefings 

under subsection (a) and reports under subsection (b) shall 

not apply with respect to a management and operations contract 

for a Naval Reactor facility.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4806 the following new item: 

‘‘Sec. 4807. Cost-benefit analyses for competition of management and operating contracts.’’. 

(c) TERMINATION OF SUPERSEDED PROVISION.—Section 

3121(e)(1) of the National Defense Authorization Act for Fiscal 

Year 2013 (Public Law 112–239; 126 Stat. 2175), as most recently 

amended by section 3135 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1207), 

is further amended by striking ‘‘2020’’ and inserting ‘‘2018’’. 

SEC. 3132. NUCLEAR FORENSICS ANALYSES. 

(a) INDEPENDENT ASSESSMENT.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary of Energy, 

in consultation with the Secretary of Defense and the Secretary 

of Homeland Security, shall seek to enter into an agreement with 

the National Academy of Sciences for an independent assessment 

of nuclear forensic analyses conducted by the Federal Government. 

(b) ELEMENTS.—The assessment conducted by the National 

Academy of Sciences under subsection (a) shall, at minimum, 

include the following: 

(1) An assessment of a representative sample of nuclear 

forensic analyses from across the Federal departments and 

agencies, with particular emphasis on the validity, quality, 

value, cost effectiveness, gaps, and timeliness of such analyses. 

(2) An assessment of the methodologies used by nuclear 

forensics analyses from across the Federal departments and 

agencies, including the scientific rigor of such methodologies. 

(3) Recommendations for improving nuclear forensics analyses conducted by the Federal Government, including any best 

practices or lessons learned that should be shared across the 

Federal departments and agencies. 

(c) SUBMISSION.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Energy shall submit 

to the appropriate congressional committees a report containing 

the assessment of the National Academy of Sciences under subsection (a). 

(d) BRIEFING ON SENIOR-LEVEL INVOLVEMENT IN EXERCISES.— 

Not later than 90 days after the date of the enactment of this 

Act, the President shall provide to the appropriate congressional 

committees a briefing on the involvement of senior-level executive 

branch leadership in recent and planned nuclear terrorism 

preparedness or response exercises and any other exercises that 

have nuclear forensic analysis as a component of the exercises. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate. 


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SEC. 3133. REVIEW OF DEFENSE ENVIRONMENTAL CLEANUP ACTIVITIES. 

(a) IN GENERAL.—The Secretary of Energy shall enter into 

an arrangement with the National Academies of Sciences, 

Engineering, and Medicine to conduct a review of the defense 

environmental cleanup activities of the Office of Environmental 

Management of the Department of Energy. 

(b) ELEMENTS.—The review conducted under subsection (a) 

shall include— 

(1) an assessment of— 

(A) project management practices with respect to the 

activities described in subsection (a); 

(B) the outcomes of such activities; and 

(C) the appropriateness of the level of engagement 

and oversight of the Office of Environmental Management 

with respect to such activities; and 

(2) recommendations with respect to actions to enhance 

the effectiveness and efficiency of such activities. 

SEC. 3134. WHISTLEBLOWER PROTECTIONS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) raising nuclear safety concerns is important for avoiding 

potentially catastrophic incidents or harm to workers and the 

public; 

(2) the Department of Energy should protect whistleblowers 

and take action against contractors and subcontractors that 

retaliate against whistleblowers; 

(3) such action sends a strong signal to prevent or limit 

retaliation against whistleblowers; and 

(4) the Secretary of Energy, acting through the Administrator for Nuclear Security as appropriate, should impose civil 

penalties under section 234A of the Atomic Energy Act of 

1954 (42 U.S.C. 2282a) on contractors, subcontractors, and 

suppliers for violations of the rules, regulations, or orders of 

the Department of Energy relating to nuclear safety and radiation protection. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary, in consultation 

with the Administrator, shall submit to the appropriate congressional committees a report on how the Secretary would define 

a chilled work environment with respect to employees and 

contractors of the Department making a whistleblower complaint under section 4602 of the Atomic Energy Defense Act 

(50 U.S.C. 2702) or any provision of other law that may provide 

protection for disclosures of information by such employees 

or contractors. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include— 

(A) a description of what constitutes evidence of a 

chilled work environment referred to in that paragraph; 

(B) a description of relevant regulations enacted by 

the Secretary to enforce section 4602 of the Atomic Energy 

Defense Act (50 U.S.C. 2702); and 

(C) an assessment of whether the Secretary has 

existing authority, or would need new authority, to enforce 

such section 4602 or any other relevant provision of law. 


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(c) NOTIFICATION.—Not later than February 1, 2019, and 

annually thereafter through 2021, the Secretary shall submit to 

the appropriate congressional committees a notification of whether 

any penalties were imposed pursuant to section 234A of the Atomic 

Energy Act of 1954 (42 U.S.C. 2282a) during the year preceding 

the submission of the report, including a description of such penalties and the entities against which the penalties were imposed. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the congressional defense committees; and 

(2) the Committee on Energy and Commerce of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate. 

SEC. 3135. IMPLEMENTATION OF NUCLEAR POSTURE REVIEW BY 

NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) REPORT REQUIRED.—Not later than December 1, 2018, the 

Administrator for Nuclear Security shall submit to the congressional 

defense committees a report on the implementation of the 2018 

Nuclear Posture Review by the National Nuclear Security Administration. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A list of specific actions associated with implementation 

of the policies set forth in the 2018 Nuclear Posture Review 

applicable to the National Nuclear Security Administration. 

(2) For each such action— 

(A) an identification of the office within the Administration with responsibility for the action; and 

(B) key milestones for the action. 

(3) A discussion of any challenges to successfully implementing such actions. 

(4) A description of the process established for monitoring 

the implementation of such actions. 

(5) A description of policy decisions by the Administrator 

that are necessary to complete the implementation of such 

actions. 

(6) A description of the estimated costs for such actions, 

if— 

(A) information on such costs is available; and 

(B) such costs are estimated to be significantly different 

from the costs for actions by the Administration associated 

with the implementation of policies set forth in previous 

Nuclear Posture Reviews. 

SEC. 3136. SURVEY OF WORKFORCE OF NATIONAL SECURITY LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Administrator for Nuclear Security 

shall submit to the congressional defense committees a report that 

includes— 

(1) a detailed proposal for a survey of the workforce of 

the national security laboratories and nuclear weapons production facilities that is modeled on the Federal Employee Viewpoint Survey of the Office of Personnel Management; 

(2) the determination of the Administrator with respect 

to whether to implement the survey; 


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(3) the views of the Administrator regarding the value, 

efficiency, and effectiveness of the survey as compared to other 

means for acquiring information of the type collected using 

the survey; and 

(4) if the Administrator determines not to implement the 

survey, a description of the reasons for that determination. 

(b) IMPLEMENTATION FACTORS.—The report required by subsection (a) shall address factors associated with implementation 

of the survey described in that subsection, including— 

(1) the costs of designing the survey; 

(2) the time required for and the costs of administering 

the survey and analyzing the data from the survey; 

(3) the periodicity of administering the survey to ascertain 

trends; and 

(4) any other matters the Administrator considers appropriate. 

(c) DEFINITIONS.—In this section, the terms ‘‘national security 

laboratory’’ and ‘‘nuclear weapons production facility’’ have the 

meanings given those terms in section 4002 of the Atomic Energy 

Defense Act (50 U.S.C. 2501). 

SEC. 3137. ELIMINATION OF CERTAIN REPORTS. 

(a) REPORT OF OWNER’S AGENT ON HANFORD WASTE TREATMENT

AND IMMOBILIZATION PLANT CONTRACT.—Section 4446 of the Atomic 

Energy Defense Act (50 U.S.C. 2626) is amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsections (e) and (f) as subsections 

(d) and (e), respectively. 

(b) ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION

PILOT PLANT.—Section 3115(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2759) 

is amended, in the matter preceding paragraph (1), by striking 

‘‘five-year period’’ and inserting ‘‘three-year period’’. 

Subtitle D—Other Matters 

SEC. 3141. ACCELERATION OF REPLACEMENT OF CESIUM BLOOD 

IRRADIATION SOURCES. 

(a) GOAL.—The Administrator for Nuclear Security shall ensure 

that the goal of the covered programs is eliminating the use of 

blood irradiation devices in the United States that rely on cesium 

chloride by December 31, 2027. 

(b) IMPLEMENTATION.—To meet the goal specified by subsection 

(a), the Administrator shall carry out the covered programs in 

a manner that— 

(1) is voluntary for owners of blood irradiation devices; 

(2) allows for the United States, subject to the review 

of the Administrator, to pay up to 50 percent of the perdevice cost of replacing blood irradiation devices covered by 

the programs; 

(3) allows for the United States to pay up to 100 percent 

of the cost of removing and disposing of cesium sources retired 

from service by the programs; and 

(4) replaces such devices with x-ray irradiation devices 

or other devices approved by the Food and Drug Administration 

50 USC 2569 

note. 


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that provide significant threat reduction as compared to cesium 

chloride irradiators. 

(c) DURATION.—The Administrator shall carry out the covered 

programs until December 31, 2027. 

(d) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, 

including— 

(1) identification of each cesium chloride blood irradiation 

device in the United States, including the number, general 

location, and user type; 

(2) a plan for achieving the goal established by subsection 

(a); 

(3) a methodology for prioritizing replacement of such 

devices that takes into account irradiator age and prior material 

security initiatives; 

(4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary 

to constrain the introduction of new cesium chloride blood 

irradiation devices; 

(5) identification of the annual funds required to meet 

the goal established by subsection (a); and 

(6) a description of the disposal path for cesium chloride 

sources under the covered programs. 

(e) ASSESSMENT.—The Administrator shall submit an assessment to the appropriate congressional committees by September 

20, 2023, of the results of the actions on the covered programs 

under this section, including— 

(1) the number of replacement irradiators under the covered programs; 

(2) the life-cycle costs of the programs, including personnel 

training, maintenance, and replacement costs for new irradiation devices; 

(3) the cost-effectiveness of the covered programs; 

(4) an analysis of the effectiveness of the new irradiation 

devices’ technology; and 

(5) a forecast of whether the Administrator will meet the 

goal established in subsection (a). 

(f) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Appropriations, the Committee 

on Armed Services, and the Committee on Energy and 

Commerce of the House of Representatives; and 

(B) the Committee on Appropriations, the Committee 

on Armed Services, the Committee on Energy and Natural 

Resources, and the Committee on Health, Education, Labor, 

and Pensions of the Senate. 

(2) COVERED PROGRAMS.—The term ‘‘covered programs’’ 

means the following programs of the Office of Radiological 

Security of the National Nuclear Security Administration: 

(A) The Cesium Irradiator Replacement Program. 

(B) The Off-Site Source Recovery Program. 


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SEC. 3142. SENSE OF CONGRESS REGARDING COMPENSATION OF 

INDIVIDUALS RELATING TO URANIUM MINING AND 

NUCLEAR TESTING. 

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

(1) The Radiation Exposure Compensation Act (42 U.S.C. 

2210 note) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other 

serious diseases following their exposure to radiation released 

during atmospheric nuclear weapons testing during the Cold 

War or following exposure to radiation as a result of employment in the uranium industry during the Cold War. 

(2) The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) formally 

acknowledged the dangers to which some employees of sites 

of the Department of Energy and its vendors during the Cold 

War were exposed. That Act also acknowledged that, although 

establishing the link between occupational hazards and specific 

diseases can be difficult, scientific evidence exists to support 

the conclusion that some activities related to Cold War nuclear 

weapons production have resulted in increased risk of illness 

and death to workers. That Act established a formal process 

for the submission of claims for medical expenses and lump 

sum compensation for former employees and contractors and 

survivors of those former employees and contractors. 

(3) As of the date of the enactment of this Act, more 

than 150,231 claims have been paid out under the Radiation 

Exposure Compensation Act and the Energy Employees Occupational Illness Compensation Program Act of 2000, for a total 

of at least $17,400,000,000 in lump sum compensation and 

medical expenses. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States Government should appropriately compensate 

and recognize the employees, contractors, and other individuals 

described in subsection (a). 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2019, $31,243,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated to the Secretary of Energy $10,000,000 for fiscal year 2019 for 


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the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME MATTERS 

TITLE XXXV—MARITIME MATTERS 

Subtitle A—Maritime Administration 

Sec. 3501. Authorization of the Maritime Administration. 

Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS lifeboats and 

fire suppression requirements. 

Sec. 3503. Maritime Administration National Security Multi-Mission Vessel Program. 

Sec. 3504. Permanent authority of Secretary of Transportation to issue vessel war 

risk insurance. 

Sec. 3505. Use of State maritime academy training vessels. 

Sec. 3506. Concurrent jurisdiction. 

Sec. 3507. United States Merchant Marine Academy policy on sexual harassment, 

dating violence, domestic violence, sexual assault, and stalking. 

Sec. 3508. Report on implementation of recommendations for the United States 

Merchant Marine Academy Sexual Assault Prevention and Response 

Program. 

Sec. 3509. Report on the application of the Uniform Code of Military Justice to the 

United States Merchant Marine Academy. 

Sec. 3510. Electronic records on mariner availability to meet national security 

needs. 

Sec. 3511. Small shipyard grants. 

Sec. 3512. Sea year on contracted vessels. 

Sec. 3513. GAO report on national maritime strategy. 

Sec. 3514. Multi-year contracts. 

Sec. 3515. Miscellaneous. 

Sec. 3516. Department of Transportation Inspector General report on Title XI program. 

Subtitle B—Coast Guard 

Sec. 3521. Alignment with Department of Defense and sea services authorities. 

Sec. 3522. Preliminary development and demonstration. 

Sec. 3523. Contract termination. 

Sec. 3524. Reimbursement for travel expenses. 

Sec. 3525. Capital investment plan. 

Sec. 3526. Major acquisition program risk assessment. 

Sec. 3527. Marine safety implementation status. 

Sec. 3528. Retirement of Vice Commandant. 

Sec. 3529. Large recreational vessel regulations. 

Subtitle C—Coast Guard and Shipping Technical Corrections 

CHAPTER 1—COAST GUARD

Sec. 3531. Commandant defined. 

Sec. 3532. Training course on workings of Congress. 

Sec. 3533. Miscellaneous. 

Sec. 3534. Department of Defense consultation. 

Sec. 3535. Repeal. 

Sec. 3536. Mission need statement. 

Sec. 3537. Continuation on active duty. 

Sec. 3538. System acquisition authorization. 

Sec. 3539. Inventory of real property. 

CHAPTER 2—MARITIME TRANSPORTATION

Sec. 3541. Definitions. 

Sec. 3542. Authority to exempt vessels. 

Sec. 3543. Passenger vessels. 

Sec. 3544. Tank vessels. 

Sec. 3545. Grounds for denial or revocation. 

Sec. 3546. Miscellaneous corrections to title 46, U.S.C. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2307 

Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990. 

Sec. 3548. Miscellaneous corrections. 

Subtitle A—Maritime Administration 

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Department of Transportation for fiscal year 2019, to be available without fiscal year limitation if so provided in appropriations 

Acts, for programs associated with maintaining the United States 

merchant marine, the following amounts: 

(1) For expenses necessary for operations of the United States Merchant Marine Academy, $74,593,000, of which— (A) $70,593,000 shall be for Academy operations; and 

(B) $4,000,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime academies, $32,200,000, of which— 

(A) $2,400,000 shall remain available until September 

30, 2019, for the Student Incentive Program; (B) $6,000,000 shall remain available until expended 

for direct payments to such academies; (C) $22,000,000 shall remain available until expended 

for maintenance and repair of State maritime academy 

training vessels; and (D) $1,800,000 shall remain available until expended 

for training ship fuel assistance. 

(3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $300,000,000, which shall 

remain available until expended. 

(4) For expenses necessary to support Maritime Adminis- tration operations and programs, $60,442,000, of which 

$5,000,000 shall remain available until expended for port infrastructure development under section 50302 of title 46, United 

States Code. 

(5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $5,000,000, which shall remain 

available until expended. 

(6) For expenses necessary to maintain and preserve a 

United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 

46, United States Code, $300,000,000. 

(7) For expenses necessary for the loan guarantee program 

authorized under chapter 537 of title 46, United States Code, 

$33,000,000, of which— 

(A) $30,000,000 may be used for the cost (as defined 

in section 502(5) of the Federal Credit Reform Act of 1990 

(2 U.S.C. 661a(5))) of loan guarantees under the program; 

and 

(B) $3,000,000 may be used for administrative expenses 

relating to loan guarantee commitments under the program. 

(8) For expenses necessary to provide assistance to small 

shipyards and for maritime training programs under section 

54101 of title 46, United States Code, $35,000,000. 

(b) CAPITAL ASSET MANAGEMENT PROGRAM REPORT.—Not later 

than 180 days after the date of the enactment of this Act, the 


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Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation 

and Infrastructure of the House of Representatives a report on 

the status of unexpended appropriations for capital asset management at the United States Merchant Marine Academy, and the 

plan for expending such appropriations. 

SEC. 3502. COMPLIANCE BY READY RESERVE FLEET VESSELS WITH 

SOLAS LIFEBOATS AND FIRE SUPPRESSION REQUIREMENTS. 

The Secretary of Defense shall, consistent with section 2244a 

of title 10, United States Code, use authority under section 2218 

of such title to make such modifications to Ready Reserve Fleet 

vessels as are necessary for such vessels to comply requirements 

for lifeboats and fire suppression under the International Convention for the Safety of Life at Sea by not later than October 1, 

2021. 

SEC. 3503. MARITIME ADMINISTRATION NATIONAL SECURITY MULTIMISSION VESSEL PROGRAM. 

Section 3505 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776) is amended 

by adding at the end the following: 

‘‘(h) LIMITATION ON USE OF FUNDS FOR USED VESSELS.— 

Amounts authorized by this or any other Act for use by the Maritime 

Administration to carry out this section may not be used for the 

procurement of any used vessel.’’. 

SEC. 3504. PERMANENT AUTHORITY OF SECRETARY OF TRANSPORTATION TO ISSUE VESSEL WAR RISK INSURANCE. 

(a) IN GENERAL.—Section 53912 of title 46, United States Code, 

is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 539 of title 46, United States Code, is amended 

by striking the item relating to section 53912. 

SEC. 3505. USE OF STATE MARITIME ACADEMY TRAINING VESSELS. 

Section 51504(g) of title 46, United States Code, is amended 

to read as follows: 

‘‘(g) VESSEL SHARING.— 

‘‘(1) IN GENERAL.—Not later than 90 days after the date 

of enactment of the National Defense Authorization Act for 

Fiscal Year 2019, the Secretary, acting through the Maritime 

Administrator, shall upon consultation with the maritime academies, and to the extent feasible with the consent of the maritime academies, implement a program of training vessel 

sharing, requiring maritime academies to share training vessel 

provided by the Secretary among maritime academies, as necessary to ensure that training needs of each academy are met. 

‘‘(2) PROGRAM OF VESSEL SHARING.—For purposes of this 

subsection, a program of vessel sharing shall include— 

‘‘(A) ways to maximize the available underway training 

available in the fleet of training vessels; 

‘‘(B) coordinating the dates and duration of training 

cruises with the academic calendars of maritime academies; 

46 USC 53901 

prec. 

10 USC 2218 

note. 


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‘‘(C) coordinating academic programs designed to be 

implemented aboard training vessels among maritime academies; and 

‘‘(D) identifying ways to minimize costs. 

‘‘(3) ADDITIONAL FUNDING.—Subject to the availability of 

appropriations, the Maritime Administrator may provide additional funding to State maritime academies during periods 

of limited training vessel capacity, for costs associated with 

training vessel sharing. 

‘‘(4) EVALUATION.—Not later than 30 days after the beginning of each fiscal year, the Secretary, acting through the 

Maritime Administrator, shall evaluate the vessel sharing program under this subsection to determine the optimal utilization 

of State maritime training vessels, and modify the program 

as necessary to improve utilization.’’. 

SEC. 3506. CONCURRENT JURISDICTION. 

Notwithstanding any other law, the Secretary of Transportation 

may relinquish, at the Secretary’s discretion, to the State of New 

York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Marine Academy in King’s Point, 

New York, as is necessary to establish concurrent jurisdiction 

between the Federal Government and the State of New York. Such 

partial relinquishment of legislative jurisdiction shall be accomplished— 

(1) by filing with the Governor of New York a notice of 

relinquishment to take effect upon acceptance thereof; or 

(2) as the laws of that State may provide. 

SEC. 3507. UNITED STATES MERCHANT MARINE ACADEMY POLICY ON 

SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC 

VIOLENCE, SEXUAL ASSAULT, AND STALKING. 

(a) POLICY ON SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING.—Section 

51318 of title 46, United States Code, is amended— 

(1) in subsection (a)(2)— 

(A) in subparagraph (A), by inserting ‘‘and prevention’’ 

after ‘‘awareness’’; 

(B) by redesignating subparagraph (B) as subparagraph (C), and subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively; 

(C) by inserting after subparagraph (A) the following: 

‘‘(B) procedures for documenting, tracking, and 

maintaining the data required to conduct the annual 

assessments to determine the effectiveness of the policies, 

procedures, and training program of the Academy with 

respect to sexual harassment, dating violence, domestic 

violence, sexual assault, and stalking involving cadets or 

other Academy personnel, as required by subsection (c);’’; 

and 

(D) by inserting after subparagraph (C), as redesignated by subparagraph (B), the following: 

‘‘(D) procedures for investigating sexual harassment, 

dating violence, domestic violence, sexual assault, or 

stalking involving a cadet or other Academy personnel 

to determine whether disciplinary action is necessary;’’; 

(2) in subsection (b)(2)(A), by inserting ‘‘and other Academy 

personnel’’ after ‘‘cadets at the Academy’’; and 

46 USC 51301 

note. 


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(3) in subsection (d)— 

(A) in paragraph (2)(A) by inserting ‘‘, including sexual 

harassment,’’ after ‘‘sexual assaults, rapes, and other sexual 

offenses’’; and 

(B) in paragraph (4)(B), by striking ‘‘The Secretary’’ 

and inserting ‘‘Not later than January 15 of each year, 

the Secretary’’. 

(b) IMPLEMENTATION.—The Superintendent of the United States 

Merchant Marine Academy may implement the amendment to subsection (b)(2)(A) of section 51318 of title 46, United States Code, 

made by subsection (a)(2), by updating an existing plan issued 

pursuant to the National Defense Authorization Act for Fiscal Year 

2018 (Public Law 115–91). 

SEC. 3508. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS FOR 

THE UNITED STATES MERCHANT MARINE ACADEMY 

SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM. 

Not later than April 1, 2019, the Maritime Administrator shall 

submit to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress of the Maritime 

Administration in implementing and closing each of the recommendations made in the Office of Inspector General’s Report 

issued March 28, 2018 (ST–2018–039) identifying gaps in the United 

States Merchant Marine Academy’s Sexual Assault Prevention and 

Response Program. 

SEC. 3509. REPORT ON THE APPLICATION OF THE UNIFORM CODE 

OF MILITARY JUSTICE TO THE UNITED STATES MERCHANT MARINE ACADEMY. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Maritime Administrator shall submit 

a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and 

the Committee on Transportation and Infrastructure of the House 

of Representatives on the impediments to the application of the 

Uniform Code of Military Justice at the United States Merchant 

Marine Academy. 

(b) CONSULTATION.—The Maritime Administrator may, in preparing the report under subsection (a), consult with the Department 

of Defense, other Federal agencies, and non-Federal entities, as 

appropriate. 

SEC. 3510. ELECTRONIC RECORDS ON MARINER AVAILABILITY TO 

MEET NATIONAL SECURITY NEEDS. 

The Secretary of the department in which the Coast Guard 

is operating shall ensure that electronic records maintained under 

section 7502 of title 46, United States Code, are able to be used 

by the Secretary of Transportation— 

(1) to determine the potential availability of mariners 

credentialed under part E of subtitle II of title 46, United 

States Code, to meet national security sealift needs; and 

(2) to receive information on the qualification of such mariners. 

46 USC 7502 

note. 

46 USC 51318 

note. 


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SEC. 3511. SMALL SHIPYARD GRANTS. 

Section 54101(b) of title 46, United States Code, is amended— 

(1) by redesignating paragraphs (2) and (3) as paragraphs 

(3) and (4), respectively; 

(2) by inserting after paragraph (1) the following: 

‘‘(2) TIMING OF GRANT NOTICE.—The Administrator shall 

post a Notice of Funding Opportunity regarding grants awarded 

under this section not more than 15 days after the date of 

enactment of the appropriations Act for the fiscal year concerned.’’; and 

(3) in paragraph (4), as redesignated by paragraph (1), 

by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’. 

SEC. 3512. SEA YEAR ON CONTRACTED VESSELS. 

Section 51307 of title 46, United States Code, is amended— 

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary’’; 

(2) in paragraph (1) of subsection (a), by striking ‘‘owned 

or subsidized by’’ and inserting ‘‘owned, subsidized by, or contracted with’’; and 

(3) by adding at the end the following: 

‘‘(b) MARITIME SECURITY PROGRAM VESSELS.—The Secretary 

shall require an operator of a vessel participating in the Maritime 

Security Program under chapter 531 of this title to carry on each 

Maritime Security Program vessel 2 United States Merchant Marine 

Academy cadets, if available, on each voyage. 

‘‘(c) MILITARY SEALIFT COMMAND VESSELS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the Commander of the Military Sealift Command shall require 

an operator of a vessel in the United States Navy’s Military 

Sealift Command to carry on each such vessel 2 United States 

Merchant Marine Academy cadets, if available, on each voyage, 

if the vessel— 

‘‘(A) is flagged in the United States; and 

‘‘(B) is rated at 10,000 gross tons or higher. 

‘‘(2) WAIVER.—The Commander of the Military Sealift Command may waive the requirement under paragraph (1) at any 

time if the Commander determines that carrying a cadet from 

the United States Merchant Marine Academy would place an 

undue burden on the vessel or the operator of the vessel. 

‘‘(d) DEFINITION OF OPERATOR.—In this section, the term ‘operator’ includes a government operator and a non-government operator. 

‘‘(e) SAVINGS CLAUSE.—Nothing in this section may be construed 

as affecting— 

‘‘(1) the discretion of the Secretary to determine whether 

to place a United States Merchant Marine Academy cadet on 

a vessel; 

‘‘(2) the authority of the Coast Guard regarding a vessel 

security plan approved under section 70103; or 

‘‘(3) the discretion of the master of the vessel to ensure 

the safety of all crew members.’’. 

SEC. 3513. GAO REPORT ON NATIONAL MARITIME STRATEGY. 

(a) REPORT.—Not later than 12 months after the date of the 

enactment of this Act, the Comptroller General of the United States 

shall complete a study and submit to the Committee on Commerce, 


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Science, and Transportation of the Senate, the Committee on Armed 

Services of the House of Representatives, and the Committee on 

Transportation and Infrastructure of the House of Representatives, 

a report on— 

(1) the key challenges, if any, to ensuring that the United 

States marine transportation system and merchant marine are 

sufficient to support United States economic and defense needs, 

as articulated by the Maritime Administration, the Committee 

on the Marine Transportation System, and other stakeholders; 

(2) the extent to which a national maritime strategy incorporates desirable characteristics of successful national strategies as identified by the Comptroller General, and any key 

obstacles (as identified by stakeholders) to successfully implementing such strategies; and 

(3) the extent to which Federal efforts to establish a 

national maritime strategy are duplicative or fragmented, and 

if so, the impact on United States maritime policy for the 

future. 

(b) DEADLINE.—Subsection (a) of section 603 of the Howard 

Coble Coast Guard and Maritime Transportation Act of 2014 (Public 

Law 113–281; 128 Stat. 3061) is amended by striking ‘‘Not later 

than 60 days after the date of the enactment of this Act’’ and 

inserting ‘‘Not later than 18 months after the date of the enactment 

of the John S. McCain National Defense Authorization Act for 

Fiscal Year 2019’’. 

SEC. 3514. MULTI-YEAR CONTRACTS. 

Section 3505 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776), as amended 

by section 3503 of this Act, is further amended by adding at the 

end the following: 

‘‘(i) CONTRACTING AUTHORITY NOT AFFECTED.—Nothing in this 

section may be construed to prohibit the entity responsible for 

contracting from entering into a multiple-year or block contract 

for the procurement of up to 6 new vessels and associated Government-furnished equipment, subject to the availability of appropriations.’’. 

SEC. 3515. MISCELLANEOUS. 

(a) NONCOMMERCIAL VESSELS.—Section 3514(a) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 46 U.S.C. 51318 note) is amended— 

(1) by striking ‘‘Not later than’’ and inserting the following: 

‘‘(1) IN GENERAL.—Not later than’’; and 

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins 

accordingly; and 

(3) by adding at the end the following: 

‘‘(2) NONCOMMERCIAL VESSELS.—For the purposes of this 

section, vessels operated by any of the following entities shall 

not be considered commercial vessels: 

‘‘(A) Any entity or agency of the United States. 

‘‘(B) The government of a State or territory. 

‘‘(C) Any political subdivision of a State or territory. 

‘‘(D) Any other municipal organization.’’. 

(b) PASSENGER RECORDS.—Section 51322(c) of title 46, United 

States Code, is amended to read as follows: 


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‘‘(c) MAINTENANCE OF SEXUAL ASSAULT TRAINING RECORDS.— The Maritime Administrator shall require the owner or operator 

of a commercial vessel, or the seafarer union for a commercial 

vessel, to maintain records of sexual assault training for any person 

required to have such training.’’. 

(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— Section 3134 of title 40, United States Code, is amended by adding 

at the end the following: 

‘‘(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.— The Secretary of Commerce may waive this subchapter with respect 

to contracts for the construction, alteration, or repair of vessels, 

regardless of the terms of the contracts as to payment or title, 

when the contract is made under the Act entitled ‘An Act to define 

the functions and duties of the Coast and Geodetic Survey, and 

for other purposes’, approved August 6, 1947 (33 U.S.C. 883a et 

seq.).’’. 

(d) ANNUAL PAYMENTS FOR MAINTENANCE AND SUPPORT.—Section 51505(b)(2) of title 46 is amended to read as follows: 

‘‘(2) MAXIMUM.—The amount under paragraph (1) may not 

be more than $25,000, unless the academy satisfies section 

51506(b) of this title.’’. 

SEC. 3516. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL 

REPORT ON TITLE XI PROGRAM. 

Not later than 180 days after the date of enactment of this 

Act, the Department of Transportation Office of Inspector General 

shall— 

(1) initiate an audit of the financial controls and protections 

included in the policies and procedures of the Department 

of Transportation for approving loan applications for the loan 

guarantee program authorized under chapter 537 of title 46, 

United States Code; and 

(2) submit to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Armed 

Services and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the 

results of that audit once the audit is completed. 

Subtitle B—Coast Guard 

SEC. 3521. ALIGNMENT WITH DEPARTMENT OF DEFENSE AND SEA 

SERVICES AUTHORITIES. 

(a) PROHIBITING SEXUAL HARASSMENT; REPORT.— 

(1) NOTIFICATION.— 

(A) IN GENERAL.—The Commandant of the Coast Guard 

shall notify the Committee on Transportation and Infrastructure and the Committee on Homeland Security of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on August 

26, 2018, if there is not in effect a general order or regulation prohibiting sexual harassment by members of the 

Coast Guard and clearly stating that a violation of such 

order or regulation is punishable in accordance with the 

Uniform Code of Military Justice. 

(B) CONTENTS.—The notification required under 

subparagraph (A) shall include— 


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(i) details regarding the status of the drafting of 

such general order or regulation; 

(ii) a projected implementation timeline for such 

general order or regulation; and 

(iii) an explanation regarding any barriers to 

implementation. 

(2) REPORT.—Section 217 of the Coast Guard Authorization 

Act of 2010 (Public Law 111–281; 14 U.S.C. 93 note) is 

amended— 

(A) in subsection (a), by inserting ‘‘and incidents of 

sexual harassment’’ after ‘‘sexual assaults’’; and 

(B) in subsection (b)— 

(i) in paragraph (1), by inserting ‘‘and incidents 

of sexual harassment’’ after ‘‘sexual assaults’’ each 

place it appears; 

(ii) in paragraph (3), by inserting ‘‘and sexual 

harassment’’ after ‘‘sexual assault’’; and 

(iii) in paragraph (4), by inserting ‘‘and sexual 

harassment’’ after ‘‘sexual assault’’. 

(b) ANNUAL PERFORMANCE REPORT.— 

(1) IN GENERAL.—Chapter 29 of title 14, United States 

Code, is amended by adding at the end the following: 

‘‘§ 2905. Annual performance report 

‘‘Not later than the date on which the President submits to 

Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall make available on a public 

website and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate an update 

on Coast Guard mission performance during the previous fiscal 

year.’’. 

(2) CLERICAL AMENDMENT.—The analysis at the beginning 

of such chapter is amended by adding at the end the following: 

‘‘2905. Annual performance report.’’. 

SEC. 3522. PRELIMINARY DEVELOPMENT AND DEMONSTRATION. 

Section 573 of title 14, United States Code, is amended— 

(1) in subsection (b)(3), by— 

(A) striking ‘‘require that safety concerns identified’’ 

and inserting ‘‘ensure that independent third parties and 

Government employees that identify safety concerns’’; and 

(B) striking ‘‘Coast Guard shall be communicated as’’ 

and inserting ‘‘Coast Guard communicate such concerns 

as’’; 

(2) in subsection (b)(4), by striking ‘‘Any safety concerns 

that have been reported to the Chief Acquisition Officer for 

an acquisition program or project shall be reported by the 

Commandant’’ and inserting ‘‘The Commandant shall ensure 

that any safety concerns that have been communicated under 

paragraph (3) for an acquisition program or project are 

reported’’; 

(3) in subsection (b)(5)— 

(A) by striking the matter preceding subparagraph (A) 

and inserting the following: 

‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUC- TION.—The Commandant shall ensure that if an independent 

14 USC 2901 

prec. 

14 USC 2905. 


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third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability 

or asset not previously identified during operational test and 

evaluation of a capability or asset already in low, initial, or 

full-rate production—’’; 

(B) in subparagraph (A), by inserting ‘‘the Commandant, through the Assistant Commandant for Capability, shall’’ before ‘‘notify’’; and 

(C) in subparagraph (B), by striking ‘‘notify the Chief 

Acquisition Officer and include in such notification’’ and 

inserting ‘‘the Deputy Commandant for Mission Support 

shall notify the Commandant and the Deputy Commandant 

for Operations of the safety concern within 50 days after 

the notification required under subparagraph (A), and 

include in such notification’’; and 

(4) in subsection (c)— 

(A) in paragraph (2)(A), by striking ‘‘and that are delivered after the date of enactment of the Coast Guard 

Authorization Act of 2010’’; and 

(B) in paragraph (5), by striking ‘‘and delivered after 

the date of enactment of the Coast Guard Authorization 

Act of 2010’’. 

SEC. 3523. CONTRACT TERMINATION. 

(a) IN GENERAL.—Chapter 17 of title 14, United States Code, 

is amended by inserting after section 656 the following: 

‘‘§ 657. Contract termination 

‘‘(a) IN GENERAL.— 

‘‘(1) NOTIFICATION.—Before terminating a procurement or 

acquisition contract with a total value of more than $1,000,000, 

the Commandant of the Coast Guard shall notify each vendor 

under such contract and require the vendor to maintain all 

work product related to the contract until the earlier of— 

‘‘(A) not less than 1 year after the date of the notification; or 

‘‘(B) the date the Commandant notifies the vendor 

that maintenance of such work product is no longer 

required. 

‘‘(b) WORK PRODUCT DEFINED.—In this section the term ‘work 

product’— 

‘‘(1) means tangible and intangible items and information 

produced or possessed as a result of a contract referred to 

in subsection (a); and 

‘‘(2) includes— 

‘‘(A) any completed end items; 

‘‘(B) any uncompleted end items; and 

‘‘(C) any property in the contractor’s possession in 

which the United States Government has an interest. 

‘‘(c) PENALTY.—A vendor that fails to maintain work product 

as required under subsection (a) is liable to the United States 

for a civil penalty of not more than $25,000 for each day on which 

such work product is unavailable. 

‘‘(d) REPORT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

not later than 45 days after the end of each fiscal year the 

14 USC 657. 


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Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report detailing— 

‘‘(A) all Coast Guard contracts with a total value of 

more than $1,000,000 that were terminated in the fiscal 

year; 

‘‘(B) all vendors who were notified under subsection 

(a)(1) in the fiscal year, and the date of such notification; 

‘‘(C) all criminal, administrative, and other investigations regarding any contract with a total value of more 

than $1,000,000 that were initiated by the Coast Guard 

in the fiscal year; 

‘‘(D) all criminal, administrative, and other investigations regarding contracts with a total value of more than 

$1,000,000 that were completed by the Coast Guard in 

the fiscal year; and 

‘‘(E) an estimate of costs incurred by the Coast Guard, 

including contract line items and termination costs, as 

a result of the requirements of this section. 

‘‘(2) LIMITATION.—The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which 

there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of 

such chapter is amended by inserting after the item relating to 

section 656 the following: 

‘‘657. Contract termination.’’. 

SEC. 3524. REIMBURSEMENT FOR TRAVEL EXPENSES. 

The text of section 518 of title 14, United States Code is 

amended to read as follows: 

‘‘In any case in which a covered beneficiary (as defined in section 

1072(5) of title 10) resides on an island that is located in the 

48 contiguous States and the District of Columbia and that lacks 

public access roads to the mainland, the Secretary shall reimburse 

the reasonable travel expenses of the covered beneficiary and, when 

accompaniment by an adult is necessary, for a parent or guardian 

of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age, if— 

‘‘(1) the covered beneficiary is referred by a primary care 

physician to a specialty care provider (as defined in section 

1074i(b) of title 10) on the mainland who provides services 

less than 100 miles from the location where the beneficiary 

resides; or 

‘‘(2) the Coast Guard medical regional manager for the 

area in which such island is located determines that the covered 

beneficiary requires services of a primary care, specialty care, 

or dental provider and such a provider who is part of the 

network of providers of a TRICARE program (as that term 

is defined in section 1072(7) of title 10) does not practice on 

such island.’’. 

SEC. 3525. CAPITAL INVESTMENT PLAN. 

Section 2902(a) of title 14, United States Code, is amended— 

(1) by striking ‘‘On the date’’ and inserting ‘‘Not later 

than 60 days after the date’’; 

14 USC 631 prec. 


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(2) in paragraph (1)(D), by striking ‘‘and’’; and 

(3) by inserting after paragraph (1)(E) the following: 

‘‘(F) projected commissioning and decommissioning 

dates for each asset; and’’. 

SEC. 3526. MAJOR ACQUISITION PROGRAM RISK ASSESSMENT. 

(a) IN GENERAL.—Chapter 29 of title 14, United States Code, 

as amended by section 3521(b)(1) of this Act, is further amended 

by adding at the end the following: 

‘‘§ 2906. Major acquisition program risk assessment 

‘‘(a) IN GENERAL.—Not later than April 15 and October 15 

of each year, the Commandant of the Coast Guard shall provide 

to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a briefing regarding a current assessment of the risks associated with all current major acquisition 

programs, as that term is defined in section 2903(f). 

‘‘(b) ELEMENTS.—Each assessment under this subsection shall 

include, for each current major acquisition program, discussion 

of the following: 

‘‘(1) The top five current risks to such program. 

‘‘(2) Any failure of such program to demonstrate a key 

performance parameter or threshold during operational test 

and evaluation conducted during the 2 fiscal-year quarters 

preceding such assessment. 

‘‘(3) Whether there has been any decision in such 2 fiscalyear quarters to order full-rate production before all key 

performance parameters or thresholds are met. 

‘‘(4) Whether there has been any breach of major acquisition 

program cost (as defined by the Major Systems Acquisition 

Manual) in such 2 fiscal-year quarters. 

‘‘(5) Whether there has been any breach of major acquisition 

program schedule (as so defined) during such 2 fiscal-year 

quarters.’’. 

(b) CLERICAL AMENDMENT.—The analysis at the beginning of 

such chapter is further amended by adding at the end the following: 

‘‘2906. Major acquisition program risk assessment.’’. 

(c) CONFORMING AMENDMENTS.—Section 2903 of title 14, United 

States Code, is amended— 

(1) by striking subsection (f); and 

(2) by redesignating subsection (g) as subsection (f). 

SEC. 3527. MARINE SAFETY IMPLEMENTATION STATUS. 

On the date on which the President submits to Congress a 

budget for fiscal year 2020 under section 1105 of title 31, and 

on such date for each of the 2 subsequent years, the Commandant 

of the Coast Guard shall submit to the Committee on Transportation 

and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

a report on the status of implementation of each action outlined 

in the Commandant’s final action memo dated December 19, 2017. 

SEC. 3528. RETIREMENT OF VICE COMMANDANT. 

(a) IN GENERAL.—Section 46 of title 14, United States Code, 

is amended— 

14 USC 2901 

prec. 

14 USC 2906. 


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132 STAT. 2318 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) in the section heading, by inserting ‘‘or Vice Commandant’’ after ‘‘Commandant’’; 

(2) by redesignating subsection (a) as subsection (a)(1); 

(3) by adding at the end of subsection (a) the following: 

‘‘(2) A Vice Commandant who is not reappointed or appointed 

Commandant shall be retired with the grade of admiral at the 

expiration of the appointed term, except as provided in section 

51(d).’’; 

(4) in subsections (b) and (c), by inserting ‘‘or Vice Commandant’’ after ‘‘Commandant’’ each place it appears; and 

(5) in subsection (c), by striking ‘‘his’’ and inserting ‘‘the 

officer’s’’. 

(b) CONFORMING AMENDMENT.—Section 51 of title 14, United 

States Code, is amended by striking ‘‘other than the Commandant,’’ 

each place it appears and inserting ‘‘other than the Commandant 

or Vice Commandant,’’. 

(c) CLERICAL AMENDMENT.—The analysis at the beginning of 

chapter 3 of title 14, United States Code, is amended by striking 

the item relating to section 46 and inserting the following: 

‘‘46. Retirement of Commandant or Vice Commandant.’’. 

SEC. 3529. LARGE RECREATIONAL VESSEL REGULATIONS. 

(a) IN GENERAL.— (1) ISSUANCE.—The Secretary of the department in which 

the Coast Guard is operating shall issue large recreational 

vessel regulations applicable to any recreational vessel (as 

defined in section 2101 of title 46, United States Code) over 

300 gross tons as measured under section 14502 of such title, 

or an alternate tonnage measured under section 14302 of such 

title as prescribed by the Secretary under section 14104 of 

such title, that does not carry any cargo or passengers for 

hire. 

(2) SCOPE AND CONTENT OF REGULATIONS.—The regulations 

issued under this subsection— 

(A) subject to subparagraph (B), shall be comparable 

to the code set forth in Merchant Shipping Notice 1851(M) 

(commonly referred to as the ‘‘Large Commercial Yacht 

Code (LY3)’’), as published by the Maritime and Coastguard 

Agency of the United Kingdom on August 20, 2013, or 

an equivalent code, regulation, or standard that is acceptable to the Secretary; and 

(B) shall require that, as part of the review of an 

application for documentation of a vessel that is subject 

to the regulations, the owner shall disclose to the Coast 

Guard— 

(i) the identification and place of residence of such 

owner; and 

(ii) if the owner is an entity described in paragraph 

(2), (3), or (4) of section 12103(b) of title 46, United 

States Code, the beneficial owners of such entity. 

(3) DEADLINE.—The Secretary shall issue regulations 

required by paragraph (1) by not later than one year after 

the date of the enactment of this Act. 

(4) INTERIM COMPLIANCE.—Until the effective date of regulations issued under paragraph (1), a recreational vessel 

described in paragraph (1) shall not be subject to inspection 

under section 3301(7) of title 46, United States Code, if the 

46 USC 4302 

note. 

14 USC 41 prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2319 

Secretary determines, as part of the review of the application 

for documentation submitted for the vessel by the owner of 

the vessel and other materials as considered necessary by the 

Secretary, that the vessel complies with the code set forth 

in Merchant Shipping Notice 1851(M) (commonly referred to 

as the ‘‘Large Commercial Yacht Code (LY3)’’), as published 

by the Maritime and Coastguard Agency of the United Kingdom 

on August 20, 2013, or an equivalent code, regulation, or 

standard that is acceptable to the Secretary. 

(5) DEFINITIONS.— 

(A) BENEFICIAL OWNER.—In this subsection the term 

‘‘beneficial owner’’— 

(i) means, with respect to an entity, each natural 

person who, directly or indirectly— 

(I) exercises control over the entity through 

ownership interests, voting rights, agreements, or 

otherwise; or 

(II) has an interest in or receives substantial 

economic benefits from the assets of the entity; 

and 

(ii) does not include, with respect to an entity— 

(I) a minor child; 

(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another 

person; 

(III) a person acting solely as an employee 

of the entity and whose control over or economic 

benefits from the entity derives solely from the 

employment status of the person; 

(IV) a person whose only interest in the entity 

is through a right of inheritance, unless the person 

otherwise meets the definition of ‘‘beneficial owner’’ 

under this subparagraph; and 

(V) a creditor of the entity, unless the creditor 

otherwise meets the requirements of ‘‘beneficial 

owner’’ under this subparagraph. 

(B) OWNER.—In this subsection, other than in subparagraph (A) of this paragraph, the term ‘‘owner’’ means the 

person who is the eligible owner of the vessel for purposes 

of section 12103(b) of title 46, United States Code. 

(b) CONFORMING AMENDMENT.—Section 3302 of title 46, United 

States Code, is amended by adding at the end the following: 

‘‘(n)(1) A seagoing motor vessel is not subject to inspection 

under section 3301(7) of this title if the vessel— 

‘‘(A) is a recreational vessel (as defined in section 2101 

of this title) over 300 gross tons as measured under section 

14502, or an alternate tonnage measured under section 14302 

of this title as prescribed by the Secretary under section 14104 

of this title; 

‘‘(B) does not carry any cargo or passengers for hire; and 

‘‘(C) is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary. 

‘‘(2) This subsection shall apply only on and after the effective 

date of regulations referred to in paragraph (1)(C).’’. 


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132 STAT. 2320 PUBLIC LAW 115–232—AUG. 13, 2018 

Subtitle C—Coast Guard and Shipping 

Technical Corrections 

CHAPTER 1—COAST GUARD 

SEC. 3531. COMMANDANT DEFINED. 

(a) IN GENERAL.—Chapter 1 of title 14, United States Code, 

is amended by adding at the end the following: 

‘‘§ 5. Commandant defined 

‘‘In this title, the term ‘Commandant’ means the Commandant 

of the Coast Guard.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 

14, United States Code, is amended by adding at the end the 

following: 

‘‘5. Commandant defined.’’. 

(c) CONFORMING AMENDMENTS.—Title 14, United States Code, 

is amended— 

(1) in section 58(a) by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(2) in section 101 by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(3) in section 693 by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(4) in section 672a(a) by striking ‘‘Commandant of the 

Coast Guard’’ and inserting ‘‘Commandant’’; 

(5) in section 678(a) by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(6) in section 561(a) by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(7) in section 577(a) by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(8) in section 581— 

(A) by striking paragraph (4); and 

(B) by redesignating paragraphs (5) through (12) as 

paragraphs (4) through (11), respectively; 

(9) in section 200(a) by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(10) in section 196(b)(1) by striking ‘‘Commandant of the 

Coast Guard’’ and inserting ‘‘Commandant’’; 

(11) in section 199 by striking ‘‘Commandant of the Coast 

Guard’’ and inserting ‘‘Commandant’’; 

(12) in section 429(a)(1) by striking ‘‘Commandant of the 

Coast Guard’’ and inserting ‘‘Commandant’’; 

(13) in section 423(a)(2) by striking ‘‘Commandant of the 

Coast Guard’’ and inserting ‘‘Commandant’’; 

(14) in section 2702(5) by striking ‘‘Commandant of the 

Coast Guard’’ and inserting ‘‘Commandant’’; and 

(15) in section 2902(a) by striking ‘‘Commandant of the 

Coast Guard’’ and inserting ‘‘Commandant’’. 

SEC. 3532. TRAINING COURSE ON WORKINGS OF CONGRESS. 

Section 60(d) of title 14, United States Code, is amended to 

read as follows: 

14 USC 1 prec. 

14 USC 5. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2321 

‘‘(d) COMPLETION OF REQUIRED TRAINING.—A Coast Guard flag 

officer who is newly appointed or assigned to a billet in the National 

Capital Region, and a Coast Guard Senior Executive Service 

employee who is newly employed in the National Capital Region, 

shall complete a training course that meets the requirements of 

this section not later than 60 days after reporting for duty.’’. 

SEC. 3533. MISCELLANEOUS. 

(a) SECRETARY; GENERAL POWERS.—Section 92 of title 14, 

United States Code, is amended by redesignating subsections (f) 

through (i) as subsections (e) through (h), respectively. 

(b) COMMANDANT; GENERAL POWERS.—Section 93(a)(21) of title 

14, United States Code, is amended by striking ‘‘section 30305(a)’’ 

and inserting ‘‘section 30305(b)(7)’’. 

(c) ENLISTED MEMBERS.— 

(1) DEPARTMENT OF THE ARMY AND DEPARTMENT OF THE

AIR FORCE.—Section 144(b) of title 14, United States Code, 

is amended by striking ‘‘enlisted men’’ each place it appears 

and inserting ‘‘enlisted members’’. 

(2) NAVY DEPARTMENT.—Section 145(b) of title 14, United 

States Code, is amended by striking ‘‘enlisted men’’ each place 

it appears and inserting ‘‘enlisted members’’. 

(3) PURCHASE OF COMMISSARY AND QUARTERMASTER SUPPLIES.—Section 4 of the Act of May 22, 1926 (44 Stat. 626, 

chapter 371; 33 U.S.C. 754a), is amended by striking ‘‘enlisted 

men’’ and inserting ‘‘enlisted members’’. 

(d) ARCTIC MARITIME TRANSPORTATION.—Section 90(f) of title 

14, United States Code, is amended by striking the question mark. 

(e) LONG-TERM LEASE AUTHORITY FOR LIGHTHOUSE PROPERTY.—Section 672a(a) of title 14, United States Code, as amended 

by this Act, is further amended by striking ‘‘Section 321 of chapter 

314 of the Act of June 30, 1932 (40 U.S.C. 303b)’’ and inserting 

‘‘Section 1302 of title 40’’. 

(f) REQUIRED CONTRACT TERMS.—Section 565 of title 14, United 

States Code, is amended— 

(1) in subsection (a) by striking ‘‘awarded or issued by 

the Coast Guard after the date of enactment of the Coast 

Guard Authorization Act of 2010’’; and 

(2) in subsection (b)(1) by striking ‘‘after the date of enactment of the Coast Guard Authorization Act of 2010’’. 

(g) ACQUISITION PROGRAM BASELINE BREACH.—Section 575(c) 

of title 14, United States Code, is amended by striking ‘‘certification, 

with a supporting explanation, that’’ and inserting ‘‘determination, 

with a supporting explanation, of whether’’. 

(h) ENLISTMENTS; TERM, GRADE.—Section 351(a) of title 14, 

United States Code, is amended by inserting ‘‘the duration of their’’ 

before ‘‘minority’’. 

(i) MEMBERS OF THE AUXILIARY; STATUS.—Section 823a(b)(9) 

of title 14, United States Code, is amended by striking ‘‘On or 

after January 1, 2001, section’’ and inserting ‘‘Section’’. 

(j) USE OF MEMBER’S FACILITIES.—Section 826(b) of title 14, 

United States Code, is amended by striking ‘‘section 154 of title 

23, United States Code’’ and inserting ‘‘section 30102 of title 49’’. 

(k) AVAILABILITY OF APPROPRIATIONS.—Section 830(b) of title 

14, United States Code, is amended by striking ‘‘1954’’ and inserting 

‘‘1986’’. 


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132 STAT. 2322 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 3534. DEPARTMENT OF DEFENSE CONSULTATION. 

Section 566 of title 14, United States Code, is amended— 

(1) in subsection (b) by striking ‘‘enter into’’ and inserting 

‘‘maintain’’; and 

(2) by striking subsection (d). 

SEC. 3535. REPEAL. 

Section 568 of title 14, United States Code, and the item 

relating to that section in the analysis for chapter 15 of that 

title, are repealed. 

SEC. 3536. MISSION NEED STATEMENT. 

Section 569 of title 14, United States Code, is— 

(1) amended in subsection (a)— 

(A) by striking ‘‘for fiscal year 2016’’ and inserting 

‘‘for fiscal year 2019’’; and 

(B) by striking ‘‘, on the date on which the President 

submits to Congress a budget for fiscal year 2019 under 

such section,’’. 

SEC. 3537. CONTINUATION ON ACTIVE DUTY. 

Section 290(a) of title 14, United States Code, is amended 

by striking ‘‘Officers, other than the Commandant, serving’’ and 

inserting ‘‘Officers serving’’. 

SEC. 3538. SYSTEM ACQUISITION AUTHORIZATION. 

(a) REQUIREMENT FOR PRIOR AUTHORIZATION OF APPROPRIATIONS.—Section 2701(2) of title 14, United States Code, is amended 

by striking ‘‘and aircraft’’ and inserting ‘‘aircraft, and systems’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 2702(2) of 

title 14, United States Code, is amended by striking ‘‘and aircraft’’ 

and inserting ‘‘aircraft, and systems’’. 

SEC. 3539. INVENTORY OF REAL PROPERTY. 

Section 679 of title 14, United States Code, is amended— 

(1) in subsection (a) by striking ‘‘Not later than September 

30, 2015, the Commandant shall establish’’ and inserting ‘‘The 

Commandant shall maintain’’; and 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) UPDATES.—The Commandant shall update information on 

each unit of real property included in the inventory required under 

subsection (a) not later than 30 days after any change relating 

to the control of such property.’’. 

CHAPTER 2—MARITIME TRANSPORTATION 

SEC. 3541. DEFINITIONS. 

(a) IN GENERAL.— 

(1) Section 2101 of title 46, United States Code, is 

amended— 

(A) by inserting after paragraph (4) the following: 

‘‘( ) ‘Commandant’ means the Commandant of the Coast 

Guard.’’; 

(B) by striking the semicolon at the end of paragraph 

(14) and inserting a period; and 

(C) by redesignating the paragraphs of such section 

in order as paragraphs (1) through (54), respectively. 

14 USC 561 prec. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2323 

(2) Section 3701 of title 46, United States Code, is amended 

by redesignating paragraphs (3) and (4) as paragraphs (2) and 

(3) respectively. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 114(o)(3) of the Marine Mammal Protection 

Act of 1972 (16 U.S.C. 1383a(o)(3)) is amended— 

(A) by striking ‘‘section 2101(11a)’’ and inserting ‘‘section 2101(12)’’; and 

(B) by striking ‘‘section 2101(11b)’’ and inserting ‘‘section 2101(13)’’. 

(2) Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)), is amended 

by striking ‘‘section 2101(21a)’’ and inserting ‘‘section 2101(30)’’. 

(3) Section 1992(d)(7) of title 18, United States Code, is 

amended by striking ‘‘section 2101(22)’’ and inserting ‘‘section 

2101(31)’’. 

(4) Section 12(c) of the Fishermen’s Protective Act of 1967 

(22 U.S.C. 1980b(c)) is amended by striking ‘‘section 2101(11a)’’ 

and inserting ‘‘section 2101(12)’’. 

(5) Section 311(a)(26)(D) of the Federal Water Pollution 

Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking 

‘‘section 2101(17a)’’ and inserting ‘‘section 2101(23)’’. 

(6) Section 2113(3) of title 46, United States Code, is 

amended by striking ‘‘section 2101(42)(A)’’ and inserting ‘‘section 2101(51)(A)’’. 

(7) Section 2116(d)(1) of title 46, United States Code, is 

amended by striking ‘‘Coast Guard Commandant’’ and inserting 

‘‘Commandant’’. 

(8) Section 3202(a)(1)(A) of title 46, United States Code, 

is amended by striking ‘‘section 2101(21)(A)’’ and inserting ‘‘section 2101(29)(A)’’. 

(9) Section 3507 of title 46, United States Code, is 

amended— 

(A) in subsection (k)(1), by striking ‘‘section 2101(22)’’ 

and inserting ‘‘section 2101(31)’’; and 

(B) by striking subsection (l) and inserting the following: 

‘‘(l) DEFINITION.—In this section and section 3508, the term 

‘owner’ means the owner, charterer, managing operator, master, 

or other individual in charge of a vessel.’’. 

(10) Section 4105 of title 46, United States Code, is 

amended— 

(A) in subsection (b)(1), by striking ‘‘section 2101(42)’’ 

and inserting ‘‘section 2101(51)’’; and 

(B) in subsection (c), by striking ‘‘section 2101(42)(A)’’ 

and inserting ‘‘section 2101(51)(A)’’. 

(11) Section 6101(i)(4) of title 46, United States Code, is 

amended by striking ‘‘of the Coast Guard’’. 

(12) Section 7510(c)(1) of title 46, United States Code, 

is amended by striking ‘‘Commandant of the Coast Guard’’ 

and inserting ‘‘Commandant’’. 

(13) Section 7706(a) of title 46, United States Code, is 

amended by striking ‘‘of the Coast Guard’’. 

(14) Section 8108(a)(1) of title 46, United States Code, 

is amended by striking ‘‘of the Coast Guard’’. 


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132 STAT. 2324 PUBLIC LAW 115–232—AUG. 13, 2018 

(15) Section 12119(a)(3) of title 46, United States Code, 

is amended by striking ‘‘section 2101(20)’’ and inserting ‘‘section 

2101(26)’’. 

(16) Section 80302(d) of title 46, United States Code, is 

amended by striking ‘‘of the Coast Guard’’ the first place it 

appears. 

(17) Section 1101 of title 49, United States Code, is 

amended by striking ‘‘Section 2101(17a)’’ and inserting ‘‘Section 

2101(23)’’. 

SEC. 3542. AUTHORITY TO EXEMPT VESSELS. 

(a) IN GENERAL.—Section 2113 of title 46, United States Code, 

is amended— 

(1) by adding ‘‘and’’ after the semicolon at the end of 

paragraph (3); and 

(2) by striking paragraphs (4) and (5) and inserting the 

following: 

‘‘(4) maintain different structural fire protection, manning, 

operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety 

Act of 1993 (Public Law 103–206) before June 21, 1994.’’. 

(b) CONFORMING AMENDMENTS.—Section 3306(i) of title 46, 

United States Code, is amended by striking ‘‘section 2113(5)’’ and 

inserting ‘‘section 2113(4)’’. 

SEC. 3543. PASSENGER VESSELS. 

(a) PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.— 

Section 3507 of title 46, United States Code, is amended— 

(1) by striking subsection (a)(3); 

(2) in subsection (e)(2), by striking ‘‘services confidential’’ 

and inserting ‘‘services as confidential’’; and 

(3) in subsection (i), by striking ‘‘Within 6 months after 

the date of enactment of the Cruise Vessel Security and Safety 

Act of 2010, the Secretary shall issue’’ and insert ‘‘The Secretary 

shall maintain’’. 

(b) CRIME SCENE PRESERVATION TRAINING FOR PASSENGER

VESSEL CREWMEMBERS.—Section 3508 of title 46, United States 

Code, is amended— 

(1) in subsection (a), by striking ‘‘Within 1 year after the 

date of enactment of the Cruise Vessel Security and Safety 

Act of 2010, the’’ and inserting ‘‘The’’, and by striking ‘‘develop’’ 

and inserting ‘‘maintain’’; 

(2) in subsection (c), by striking ‘‘Beginning 2 years after 

the standards are established under subsection (b), no’’ and 

inserting ‘‘No’’; 

(3) by striking subsection (d) and redesignating subsections 

(e) and (f) as subsections (d) and (e), respectively; and 

(4) in subsection (e), as redesignated by paragraph (3), 

by striking ‘‘subsection (e)’’ each place it appears and inserting 

‘‘subsection (d)’’. 

SEC. 3544. TANK VESSELS. 

(a) TANK VESSEL CONSTRUCTION STANDARDS.—Section 3703a 

of title 46, United States Code, is amended— 

(1) in subsection (b), by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and 

(5), respectively; 

(2) in subsection (c)(2)— 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2325 

(A) by striking ‘‘that is delivered’’ and inserting ‘‘that 

was delivered’’; 

(B) by striking ‘‘that qualifies’’ and inserting ‘‘that 

qualified’’; and 

(C) by striking ‘‘after January 1, 2015,’’; 

(3) in subsection (c)(3)— 

(A) by striking ‘‘that is delivered’’ and inserting ‘‘that 

was delivered’’; and 

(B) by striking ‘‘that qualifies’’ and inserting ‘‘that 

qualified’’; 

(4) by striking subsection (c)(3)(A) and inserting the following: 

‘‘(A) in the case of a vessel of at least 5,000 gross tons 

but less than 15,000 gross tons as measured under section 

14502, or an alternate tonnage measured under section 14302 

as prescribed by the Secretary under section 14104, if the 

vessel is 25 years old or older and has a single hull, or is 

30 years old or older and has a double bottom or double sides;’’; 

(5) by striking subsection (c)(3)(B) and inserting the following: 

‘‘(B) in the case of a vessel of at least 15,000 gross tons 

but less than 30,000 gross tons as measured under section 

14502, or an alternate tonnage measured under section 14302 

as prescribed by the Secretary under section 14104, if the 

vessel is 25 years old or older and has a single hull, or is 

30 years old or older and has a double bottom or double sides; 

and’’; 

(6) by striking subsection (c)(3)(C) and inserting the following: 

‘‘(C) in the case of a vessel of at least 30,000 gross tons 

as measured under section 14502, or an alternate tonnage 

measured under section 14302 as prescribed by the Secretary 

under section 14104, if the vessel is 23 years old or older 

and has a single hull, or is 28 years old or older and has 

a double bottom or double sides.’’; and 

(7) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘and except as otherwise provided in paragraphs (2) and (3) of this subsection’’; 

and 

(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). 

(b) CRUDE OIL TANKER MINIMUM STANDARDS.—Section 3705 

of title 46, United States Code, is amended— 

(1) in subsection (b)— 

(A) by striking paragraph (2); 

(B) by striking ‘‘(1)’’; and 

(C) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively; and 

(2) in subsection (c), by striking ‘‘before January 2, 1986, 

or the date on which the tanker reaches 15 years of age, 

whichever is later’’. 

(c) PRODUCT CARRIER MINIMUM STANDARDS.—Section 3706(d) 

of title 46, United States Code, is amended by striking ‘‘before 

January 2, 1986, or the date on which it reaches 15 years of 

age, whichever is later’’. 

(d) DEFINITION.—Section 1001(32)(A) of the Oil Pollution Act 

of 1990 (33 U.S.C. 2701(32)(A)) is amended by striking ‘‘(other 


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132 STAT. 2326 PUBLIC LAW 115–232—AUG. 13, 2018 

than a vessel described in section 3703a(b)(3) of title 46, United 

States Code)’’. 

SEC. 3545. GROUNDS FOR DENIAL OR REVOCATION. 

(a) DANGEROUS DRUGS AS GROUNDS FOR DENIAL.—Section 7503 

of title 46, United States Code, is amended to read as follows: 

‘‘§ 7503. Dangerous drugs as grounds for denial 

‘‘A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to 

an individual who— 

‘‘(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous 

drug law of the United States or of a State; or 

‘‘(2) when applying, has ever been a user of, or addicted 

to, a dangerous drug unless the individual provides satisfactory 

proof that the individual is cured.’’. 

(b) DANGEROUS DRUGS AS GROUNDS FOR REVOCATION.—Section 

7704 of title 46, United States Code, is amended by redesignating 

subsections (b) and (c) as subsections (a) and (b), respectively. 

SEC. 3546. MISCELLANEOUS CORRECTIONS TO TITLE 46, U.S.C. 

(a) Section 2110 of title 46, United States Code, is amended 

by striking subsection (k). 

(b) Section 2116(c) of title 46, United States Code, is amended 

by striking ‘‘Beginning with fiscal year 2011 and each fiscal year 

thereafter, the’’ and inserting ‘‘The’’. 

(c) Section 3302(g)(2) of title 46, United States Code, is amended 

by striking ‘‘After December 31, 1988, this’’ and inserting ‘‘This’’. 

(d) Section 6101(j) of title 46, United States Code, is amended 

by striking ‘‘, as soon as possible, and no later than January 

1, 2005,’’. 

(e) Section 7505 of title 46, United States Code, is amended 

by striking ‘‘section 206(b)(7) of the National Driver Register Act 

of 1982 (23 U.S.C. 401 note)’’ and inserting ‘‘section 30305(b)(7) 

of title 49’’. 

(f) Section 7702(c)(1) of title 46, United States Code, is amended 

by striking ‘‘section 206(b)(4) of the National Driver Register Act 

of 1982 (23 U.S.C. 401 note)’’ and inserting ‘‘section 30305(b)(7) 

of title 49’’. 

(g) Section 8106(f) of title 46, United States Code, is amended 

by striking paragraph (3) and inserting the following: 

‘‘(3) CONTINUING VIOLATIONS.—The maximum amount of 

a civil penalty for a violation under this subsection shall be 

$100,000.’’. 

(h) Section 8703 of title 46, United States Code, is amended 

by redesignating subsection (c) as subsection (b). 

(i) Section 11113 of title 46, United States Code, is amended— 

(1) in subsection (a)(4)(A) by striking ‘‘paragraph (2)’’ and 

inserting ‘‘paragraph (3)’’; and 

(2) in subsection (c)(2)(B)— 

(A) by striking ‘‘section 2(9)(a)’’ and inserting ‘‘section 

2(a)(9)(A)’’; and 

(B) by striking ‘‘33 U.S.C. 1901(9)(a)’’ and inserting 

‘‘33 U.S.C. 1901(a)(9)(A)’’. 

(j) Section 12113(d)(2)(C)(iii) of title 46, United States Code, 

is amended by striking ‘‘118 Stat. 2887)’’ and inserting ‘‘118 Stat. 

2887))’’. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2327 

(k) Section 13107(c)(2) of title 46, United States Code, is 

amended by striking ‘‘On and after October 1, 2016, no’’ and 

inserting ‘‘No’’. 

(l) Section 31322(a)(4)(B) of title 46, United States Code, is 

amended by striking ‘‘state’’ and inserting ‘‘State’’. 

(m) Section 52101(d) of title 46, United States Code, is amended 

by striking ‘‘(50 App. U.S.C. 459(a))’’ and inserting ‘‘(50 U.S.C. 

3808(a))’’. 

(n) The analysis for chapter 531 of title 46, United States 

Code, is amended by striking the item relating to section 53109: 

(o) Section 53106(a)(1) of title 46, United States Code, is 

amended by striking subparagraphs (A), (B), (C), and (D), and 

by redesignating subparagraphs (E), (F), and (G) as subparagraphs 

(A), (B), and (C), respectively. 

(p) Section 53111 of title 46, United States Code, is amended 

by striking paragraphs (1) through (4), and by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively. 

(q) Section 53501 of title 46, United States Code, is amended— 

(1) in paragraph (5)(A)(iii), by striking ‘‘transportation trade 

trade or’’ and inserting ‘‘transportation trade or’’; 

(2) by redesignating paragraph (8) as paragraph (9); 

(3) by striking the second paragraph (7) (relating to the 

definition of ‘‘United States foreign trade’’); and 

(4) by inserting after the first paragraph (7) the following: 

‘‘(8) UNITED STATES FOREIGN TRADE.—The term ‘United 

States foreign trade’ includes those areas in domestic trade 

in which a vessel built with a construction-differential subsidy 

is allowed to operate under the first sentence of section 506 

of the Merchant Marine Act, 1936.’’. 

(r) Section 54101(f) of title 46, United States Code, is amended 

by striking paragraph (2) and inserting the following: 

‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application submitted under paragraph (1) shall 

include a comprehensive description of— 

‘‘(A) the need for the project; 

‘‘(B) the methodology for implementing the project; and 

‘‘(C) any existing programs or arrangements that can 

be used to supplement or leverage assistance under the 

program.’’. 

(s) Section 55305(d)(2)(D) of title 46, United States Code, is 

amended by striking ‘‘421(c)(1)’’ and inserting ‘‘1303(a)(1))’’. 

(t) The analysis for chapter 575 of title 46, United States 

Code, is amended in the item relating to section 57533 by adding 

a period at the end. 

(u) Section 57532(d) of title 46, United States Code, is amended 

by striking ‘‘(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)’’ and 

inserting ‘‘(50 U.S.C. 4701(a), (c), 4703(c), and 4704)’’. 

(v) Section 60303(c) of title 46, United States Code, is amended 

in by striking ‘‘Subsection (a) section does’’ and inserting ‘‘Subsection (a) does’’. 

SEC. 3547. MISCELLANEOUS CORRECTIONS TO OIL POLLUTION ACT 

OF 1990. 

(a) Section 2 of the Oil Pollution Act of 1990 (33 U.S.C. 2701 

note) is amended by— 

46 USC 57501 

prec. 

46 USC 53101 

prec. 


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132 STAT. 2328 PUBLIC LAW 115–232—AUG. 13, 2018 

(1) inserting after the item relating to section 5007 the 

following: 

‘‘Sec. 5008. North Pacific Marine Research Institute.’’. 

(2) striking the item relating to section 6003. 

(b) Section 1003(d)(5) of the Oil Pollution Act of 1990 (33 

U.S.C. 2703(d)(5)) is amended by inserting ‘‘section’’ before 

‘‘1002(a)’’. 

(c) Section 1004(d)(2)(C) of the Oil Pollution Act of 1990 (33 

U.S.C. 2704(d)(2)(C)) is amended by striking ‘‘under this subparagraph (A)’’ and inserting ‘‘under subparagraph (A)’’. 

(d) Section 4303 of the Oil Pollution Act of 1990 (33 U.S.C. 

2716a) is amended— 

(1) in subsection (a), by striking ‘‘subsection (c)(2)’’ and 

inserting ‘‘subsection (b)(2)’’; and 

(2) in subsection (b), by striking ‘‘this section 1016’’ and 

inserting ‘‘section 1016’’. 

(e) Section 5002(l)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 

2732(l)(2)) is amended by striking ‘‘General Accounting Office’’ and 

inserting ‘‘Government Accountability Office’’. 

SEC. 3548. MISCELLANEOUS CORRECTIONS. 

(a) Section 1 of the Act of June 15, 1917 (chapter 30; 50 

U.S.C. 191), is amended by striking ‘‘the Secretary of the Treasury’’ 

and inserting ‘‘the Secretary of the department in which the Coast 

Guard is operating’’. 

(b) Section 5(b) of the Act entitled ‘‘An Act to regulate the 

construction of bridges over navigable waters’’, approved March 

23, 1906, popularly known as the Bridge Act of 1906 (chapter 

1130; 33 U.S.C. 495(b)), is amended by striking ‘‘$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; 

$15,000 for a violation occurring in 2006; $20,000 for a violation 

occurring in 2007; and’’. 

(c) Section 5(f) of the Act to Prevent Pollution from Ships 

(33 U.S.C. 1904(f)) is amended to read as follows: 

‘‘(f) SHIP CLEARANCE; REFUSAL OR REVOCATION.—If a ship is 

under a detention order under this section, the Secretary may 

refuse or revoke the clearance required by section 60105 of title 

46, United States Code.’’. 

DIVISION D—FUNDING TABLES 

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 

(a) IN GENERAL.—Whenever a funding table in this division 

specifies a dollar amount authorized for a project, program, or 

activity, the obligation and expenditure of the specified dollar 

amount for the project, program, or activity is hereby authorized, 

subject to the availability of appropriations. 

(b) MERIT-BASED DECISIONS.—A decision to commit, obligate, 

or expend funds with or to a specific entity on the basis of a 

dollar amount authorized pursuant to subsection (a) shall— 

(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of 

title 10, United States Code, or on competitive procedures; 

and 

(2) comply with other applicable provisions of law. 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2329 

(c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

AUTHORITY.—An amount specified in the funding tables in this 

division may be transferred or reprogrammed under a transfer 

or reprogramming authority provided by another provision of this 

Act or by other law. The transfer or reprogramming of an amount 

specified in such funding tables shall not count against a ceiling 

on such transfers or reprogrammings under section 1001 or section 

1522 of this Act or any other provision of law, unless such transfer 

or reprogramming would move funds between appropriation 

accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 

to any classified annex that accompanies this Act. 

(e) ORAL WRITTEN COMMUNICATIONS.—No oral or written 

communication concerning any amount specified in the funding 

tables in this division shall supersede the requirements of this 

section. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

002 UTILITY F/W AIRCRAFT ................................................................. 744 744 

003 MQ–1 UAV .......................................................................................... 43,326 103,326 

MQ–1 Gray Eagle Service Life Extension Program ................. [60,000 ] 

004 RQ–11 (RAVEN) ................................................................................. 46,416 46,416 

ROTARY 

007 AH–64 APACHE BLOCK IIIA REMAN ........................................... 753,248 753,248 

008 ADVANCE PROCUREMENT (CY) ............................................... 174,550 174,550 

009 AH–64 APACHE BLOCK IIIB NEW BUILD ................................... 284,687 452,687 

Additional AH–64Es to address ARNG shortfalls .................... [168,000 ] 

010 ADVANCE PROCUREMENT (CY) ............................................... 58,600 58,600 

011 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 988,810 1,073,810 

Additional UH–60Ms for ARNG ................................................. [85,000 ] 

012 ADVANCE PROCUREMENT (CY) ............................................... 106,150 106,150 

013 UH–60 BLACK HAWK A AND L MODELS .................................... 146,138 146,138 

014 CH–47 HELICOPTER ........................................................................ 99,278 99,278 

015 ADVANCE PROCUREMENT (CY) ............................................... 24,235 24,235 

MODIFICATION OF AIRCRAFT 

018 UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ............. 27,114 27,114 

019 GRAY EAGLE MODS2 ...................................................................... 97,781 97,781 

020 MULTI SENSOR ABN RECON (MIP) ............................................. 52,274 66,274 

Army UFR: program increase .................................................... [14,000 ] 

021 AH–64 MODS ..................................................................................... 104,996 104,996 

022 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 7,807 7,807 

023 GRCS SEMA MODS (MIP) ................................................................ 5,573 5,573 

024 ARL SEMA MODS (MIP) ................................................................... 7,522 7,522 

025 EMARSS SEMA MODS (MIP) .......................................................... 20,448 20,448 

026 UTILITY/CARGO AIRPLANE MODS .............................................. 17,719 17,719 

027 UTILITY HELICOPTER MODS ....................................................... 6,443 16,443 

UH–72A Life-Cycle Sustainability ............................................. [10,000 ] 

028 NETWORK AND MISSION PLAN ................................................... 123,614 123,614 

029 COMMS, NAV SURVEILLANCE ...................................................... 161,969 161,969 

030 DEGRADED VISUAL ENVIRONMENT .......................................... 30,000 30,000 

031 GATM ROLLUP .................................................................................. 26,848 26,848 

032 RQ–7 UAV MODS .............................................................................. 103,246 103,246 

033 UAS MODS ......................................................................................... 17,644 17,644 

GROUND SUPPORT AVIONICS 


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132 STAT. 2330 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

034 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 57,170 57,170 

035 SURVIVABILITY CM ........................................................................ 5,853 5,853 

036 CMWS .................................................................................................. 13,496 13,496 

037 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 36,839 36,839 

OTHER SUPPORT 

038 AVIONICS SUPPORT EQUIPMENT ............................................... 1,778 1,778 

039 COMMON GROUND EQUIPMENT ................................................. 34,818 34,818 

040 AIRCREW INTEGRATED SYSTEMS .............................................. 27,243 27,243 

041 AIR TRAFFIC CONTROL ................................................................. 63,872 63,872 

042 INDUSTRIAL FACILITIES ............................................................... 1,417 1,417 

043 LAUNCHER, 2.75 ROCKET .............................................................. 1,901 1,901 

044 LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 .. 991 991 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 3,782,558 4,119,558 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) ................... 111,395 111,395 

002 MSE MISSILE .................................................................................... 871,276 871,276 

003 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ............... 145,636 232,636 

Interim cruise missile defense .................................................... [87,000 ] 

004 ADVANCE PROCUREMENT (CY) ............................................... 31,286 27,586 

Ahead of need .............................................................................. [–3,700 ] 

AIR-TO-SURFACE MISSILE SYSTEM 

006 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................ 276,462 248,862 

Unit cost and engineering services cost growth ........................ [–27,600 ] 

ANTI-TANK/ASSAULT MISSILE SYS 

008 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 303,665 219,665 

Forward financed in the FY18 Omnibus for command launch 

units.

[–84,000 ] 

009 TOW 2 SYSTEM SUMMARY ............................................................ 105,014 105,014 

010 ADVANCE PROCUREMENT (CY) ............................................... 19,949 19,949 

011 GUIDED MLRS ROCKET (GMLRS) ................................................ 359,613 329,613 

Forward financed in the FY18 Omnibus ................................... [–30,000 ] 

012 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 20,964 20,964 

MODIFICATIONS 

015 PATRIOT MODS ................................................................................ 313,228 323,228 

Increase PATRIOT Mod efforts .................................................. [10,000 ] 

016 ATACMS MODS ................................................................................. 221,656 141,856 

Requested quantity exceeds maximum ...................................... [–79,800 ] 

017 GMLRS MOD ...................................................................................... 266 266 

018 STINGER MODS ................................................................................ 94,756 94,756 

019 AVENGER MODS .............................................................................. 48,670 48,670 

020 ITAS/TOW MODS ............................................................................... 3,173 3,173 

021 MLRS MODS ...................................................................................... 383,216 383,216 

022 HIMARS MODIFICATIONS .............................................................. 10,196 10,196 

SPARES AND REPAIR PARTS 

023 SPARES AND REPAIR PARTS ........................................................ 27,737 27,737 

SUPPORT EQUIPMENT & FACILITIES 

024 AIR DEFENSE TARGETS ................................................................. 6,417 6,417 

025 PRODUCTION BASE SUPPORT ...................................................... 1,202 1,202 

TOTAL MISSILE PROCUREMENT, ARMY .................... 3,355,777 3,227,677 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

002 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 479,801 448,653 

Program decrease ........................................................................ [–31,148 ] 

MODIFICATION OF TRACKED COMBAT VEHICLES 

004 STRYKER (MOD) ............................................................................... 287,490 138,190 

Army requested realignment to WTCV–5 ................................. [–149,300 ] 

005 STRYKER UPGRADE ........................................................................ 21,900 225,300 

A1 conversions for 5th SBCT ..................................................... [54,100 ] 

Army requested realignment—A1 conversions for 5th SBCT [149,300 ] 

006 BRADLEY PROGRAM (MOD) .......................................................... 625,424 465,424 

Program decrease ........................................................................ [–160,000 ] 

007 M109 FOV MODIFICATIONS ........................................................... 26,482 26,482 

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 351,802 461,802 

Program increase ......................................................................... [110,000 ] 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2331 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 110,500 110,500 

010 ASSAULT BRIDGE (MOD) ............................................................... 2,120 2,120 

011 ASSAULT BREACHER VEHICLE ................................................... 62,407 62,407 

012 M88 FOV MODS ................................................................................. 4,517 4,517 

013 JOINT ASSAULT BRIDGE ............................................................... 142,255 142,255 

014 M1 ABRAMS TANK (MOD) .............................................................. 927,600 927,600 

015 ABRAMS UPGRADE PROGRAM ..................................................... 1,075,999 1,075,999 

WEAPONS & OTHER COMBAT VEHICLES 

018 M240 MEDIUM MACHINE GUN (7.62MM) ................................... 1,955 6,955 

Program Increase—M240L and M240B .................................... [5,000 ] 

019 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ... 23,345 23,345 

020 GUN AUTOMATIC 30MM M230 ...................................................... 7,434 7,434 

021 MACHINE GUN, CAL .50 M2 ROLL ............................................... 22,330 22,330 

022 MORTAR SYSTEMS .......................................................................... 12,470 12,470 

023 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 697 697 

024 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM ....................... 46,236 46,236 

025 CARBINE ............................................................................................ 69,306 69,306 

026 SMALL ARMS—FIRE CONTROL .................................................... 7,929 7,929 

027 COMMON REMOTELY OPERATED WEAPONS STATION ......... 35,968 35,968 

028 HANDGUN .......................................................................................... 48,251 48,251 

MOD OF WEAPONS AND OTHER COMBAT VEH 

029 MK–19 GRENADE MACHINE GUN MODS ................................... 1,684 1,684 

030 M777 MODS ........................................................................................ 3,086 3,086 

031 M4 CARBINE MODS ......................................................................... 31,575 35,775 

Additional free-float forward extended rails ............................. [4,200 ] 

032 M2 50 CAL MACHINE GUN MODS ................................................ 21,600 21,600 

033 M249 SAW MACHINE GUN MODS ................................................ 3,924 3,924 

034 M240 MEDIUM MACHINE GUN MODS ........................................ 6,940 6,940 

035 SNIPER RIFLES MODIFICATIONS ................................................ 2,747 2,747 

036 M119 MODIFICATIONS .................................................................... 5,704 5,704 

037 MORTAR MODIFICATION ............................................................... 3,965 3,965 

038 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................ 5,577 5,577 

SUPPORT EQUIPMENT & FACILITIES 

039 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 3,174 3,174 

040 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 3,284 3,284 

041 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................. 1,640 1,640 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 4,489,118 4,471,270 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................... 41,848 41,848 

002 CTG, 7.62MM, ALL TYPES ............................................................... 86,199 86,199 

003 CTG, HANDGUN, ALL TYPES ......................................................... 20,158 20,158 

004 CTG, .50 CAL, ALL TYPES ............................................................... 65,573 65,573 

005 CTG, 20MM, ALL TYPES .................................................................. 8,198 8,198 

007 CTG, 30MM, ALL TYPES .................................................................. 77,995 77,995 

008 CTG, 40MM, ALL TYPES .................................................................. 69,781 69,781 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .......................................................... 45,280 45,280 

010 81MM MORTAR, ALL TYPES .......................................................... 46,853 46,853 

011 120MM MORTAR, ALL TYPES ........................................................ 83,003 83,003 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 168,101 168,101 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........ 39,341 39,341 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 211,442 211,442 

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 100,906 100,906 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 236,677 206,677 

Program decrease ........................................................................ [–30,000 ] 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 15,905 15,905 

ROCKETS 

018 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 4,503 29,503 

Army UFR: bunker defeat munitions ........................................ [25,000 ] 

019 ROCKET, HYDRA 70, ALL TYPES .................................................. 211,211 241,211 

Army UFR: additional HYDRA rockets ..................................... [30,000 ] 

OTHER AMMUNITION 


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132 STAT. 2332 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

020 CAD/PAD, ALL TYPES ...................................................................... 10,428 10,428 

021 DEMOLITION MUNITIONS, ALL TYPES ...................................... 44,656 44,656 

022 GRENADES, ALL TYPES ................................................................. 19,896 19,896 

023 SIGNALS, ALL TYPES ...................................................................... 10,121 10,121 

024 SIMULATORS, ALL TYPES ............................................................. 11,464 11,464 

MISCELLANEOUS 

025 AMMO COMPONENTS, ALL TYPES .............................................. 5,224 5,224 

026 NON-LETHAL AMMUNITION, ALL TYPES .................................. 4,310 4,310 

027 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 11,193 11,193 

028 AMMUNITION PECULIAR EQUIPMENT ...................................... 10,500 10,500 

029 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 18,456 18,456 

030 CLOSEOUT LIABILITIES ................................................................ 100 100 

PRODUCTION BASE SUPPORT 

032 INDUSTRIAL FACILITIES ............................................................... 394,133 394,133 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION ................ 157,535 157,535 

034 ARMS INITIATIVE ............................................................................ 3,771 3,771 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 2,234,761 2,259,761 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS .............................................. 16,512 16,512 

002 SEMITRAILERS, FLATBED: ............................................................ 16,951 16,951 

003 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 ........................................ 50,123 50,123 

004 GROUND MOBILITY VEHICLES (GMV) ....................................... 46,988 42,695 

Unobligated Balances .................................................................. [–4,293 ] 

005 ARNG HMMWV MODERNIZATION PROGRAM ........................... 25,000 

Additional HMMWVs .................................................................. [25,000 ] 

006 JOINT LIGHT TACTICAL VEHICLE .............................................. 1,319,436 1,287,400 

Program reduction ....................................................................... [–32,036 ] 

007 TRUCK, DUMP, 20T (CCE) .............................................................. 6,480 6,480 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 132,882 132,882 

009 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 14,842 14,842 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 138,105 122,886 

CLS contract award delay .......................................................... [–15,219 ] 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 31,892 30,378 

Unit cost growth .......................................................................... [–1,514 ] 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 38,128 38,128 

014 MODIFICATION OF IN SVC EQUIP .............................................. 78,507 78,507 

NON-TACTICAL VEHICLES 

016 HEAVY ARMORED VEHICLE ......................................................... 790 790 

017 PASSENGER CARRYING VEHICLES ............................................ 1,390 1,390 

018 NONTACTICAL VEHICLES, OTHER ............................................. 15,415 15,415 

COMM—JOINT COMMUNICATIONS 

020 SIGNAL MODERNIZATION PROGRAM ........................................ 150,777 89,927 

Requirement funded in fiscal year 2018 .................................... [–41,000 ] 

SBU VSAT and gateway unjustified request ............................ [–19,850 ] 

021 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ................. 469,117 519,367 

Additional TCN-L, NOSC-L, and next generation embedded 

kits for IBCTs and SBCTs.

[56,000 ] 

Program management excess growth ........................................ [–5,750 ] 

022 SITUATION INFORMATION TRANSPORT ................................... 62,727 62,727 

023 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ...... 13,895 13,895 

024 JCSE EQUIPMENT (USREDCOM) .................................................. 4,866 4,866 

COMM—SATELLITE COMMUNICATIONS 

027 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 108,133 108,133 

028 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.56,737 56,737 

029 SHF TERM .......................................................................................... 13,100 13,100 

030 SMART-T (SPACE) ............................................................................. 9,160 9,160 

031 GLOBAL BRDCST SVC—GBS .......................................................... 25,647 25,647 

032 ENROUTE MISSION COMMAND (EMC) ....................................... 37,401 37,401 

COMM—C3 SYSTEM 

036 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ................... 20,500 20,500 

COMM—COMBAT COMMUNICATIONS 

038 HANDHELD MANPACK SMALL FORM FIT (HMS) .................... 351,565 299,974 

Requirement funded in fiscal year 2018 .................................... [–51,591 ] 

040 RADIO TERMINAL SET, MIDS LVT(2) .......................................... 4,641 4,641 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2333 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

041 TRACTOR DESK ................................................................................ 2,187 2,187 

042 TRACTOR RIDE ................................................................................. 9,411 9,411 

044 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............ 17,515 17,515 

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 819 819 

046 UNIFIED COMMAND SUITE .......................................................... 17,807 17,807 

047 COTS COMMUNICATIONS EQUIPMENT ..................................... 191,835 63,835 

Requirement funded in fiscal year 2018 .................................... [–128,000 ] 

048 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ..... 25,177 25,177 

COMM—INTELLIGENCE COMM 

050 CI AUTOMATION ARCHITECTURE (MIP) ................................... 9,740 9,740 

051 DEFENSE MILITARY DECEPTION INITIATIVE ......................... 2,667 2,667 

INFORMATION SECURITY 

053 FAMILY OF BIOMETRICS ............................................................... 8,319 8,319 

054 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 2,000 2,000 

055 COMMUNICATIONS SECURITY (COMSEC) ................................ 88,337 88,337 

056 DEFENSIVE CYBER OPERATIONS ............................................... 51,343 51,343 

057 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ....... 330 330 

058 PERSISTENT CYBER TRAINING ENVIRONMENT ..................... 3,000 3,000 

COMM—LONG HAUL COMMUNICATIONS 

059 BASE SUPPORT COMMUNICATIONS ........................................... 34,434 34,434 

COMM—BASE COMMUNICATIONS 

060 INFORMATION SYSTEMS ............................................................... 95,558 81,609 

ARCYBER funded in excess to requirement ............................. [–13,949 ] 

061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,736 4,736 

062 HOME STATION MISSION COMMAND CENTERS (HSMCC) ... 24,479 24,479 

063 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 216,433 196,433 

Excess hardware growth ............................................................. [–20,000 ] 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

066 JTT/CIBS-M (MIP) ............................................................................. 10,268 10,268 

068 DCGS-A (MIP) .................................................................................... 261,863 261,863 

069 JOINT TACTICAL GROUND STATION (JTAGS) (MIP) ............... 5,434 5,434 

070 TROJAN (MIP) ................................................................................... 20,623 20,623 

071 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 45,998 45,998 

072 CI HUMINT AUTO REPRTING & COLL(CHARCS)(MIP) ............ 296 296 

076 ITEMS LESS THAN $5.0M (MIP) .................................................... 410 410 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

077 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 9,165 9,165 

078 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................ 5,875 5,875 

079 AIR VIGILANCE (AV) (MIP) ............................................................. 8,497 8,497 

083 CI MODERNIZATION (MIP) ............................................................ 486 486 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

084 SENTINEL MODS ............................................................................. 79,629 79,629 

085 NIGHT VISION DEVICES ................................................................ 153,180 153,180 

087 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 22,882 22,882 

088 RADIATION MONITORING SYSTEMS .......................................... 17,393 17,393 

090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 46,740 40,435 

C-RAM enhancements fielding unjustified request .................. [–6,305 ] 

091 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 140,737 131,437 

Unexecutable funds ..................................................................... [–9,300 ] 

093 PROFILER .......................................................................................... 171 171 

094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 405,239 391,881 

Requirement funded in fiscal year 2018 .................................... [–13,358 ] 

095 JOINT EFFECTS TARGETING SYSTEM (JETS) .......................... 66,574 66,574 

096 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 20,783 20,783 

097 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 8,553 8,553 

098 MORTAR FIRE CONTROL SYSTEM .............................................. 21,489 21,489 

099 COUNTERFIRE RADARS ................................................................. 162,121 162,121 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

100 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 2,855 2,855 

101 FIRE SUPPORT C2 FAMILY ............................................................ 19,153 19,153 

102 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 33,837 33,837 

103 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 5,136 5,136 

104 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 18,329 18,329 

105 MANEUVER CONTROL SYSTEM (MCS) ....................................... 38,015 38,015 

106 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........... 15,164 15,164 

107 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP .... 29,239 29,239 

109 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ..... 6,823 6,823 


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Line Item FY 2019 

Request 

Conference 

Authorized 

110 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................... 1,177 1,177 

ELECT EQUIP—AUTOMATION 

111 ARMY TRAINING MODERNIZATION ............................................ 12,265 12,265 

112 AUTOMATED DATA PROCESSING EQUIP .................................. 201,875 201,875 

113 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .... 10,976 10,976 

114 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................... 66,330 66,330 

115 CONTRACT WRITING SYSTEM ...................................................... 5,927 5,927 

116 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 27,896 27,896 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

117 TACTICAL DIGITAL MEDIA ........................................................... 4,392 4,392 

118 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............... 1,970 1,970 

ELECT EQUIP—SUPPORT 

119 PRODUCTION BASE SUPPORT (C-E) ............................................ 506 506 

CLASSIFIED PROGRAMS 

120A CLASSIFIED PROGRAMS ................................................................ 4,501 4,501 

CHEMICAL DEFENSIVE EQUIPMENT 

121 PROTECTIVE SYSTEMS .................................................................. 2,314 2,314 

122 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 7,478 7,478 

124 CBRN DEFENSE ............................................................................... 173,954 173,954 

BRIDGING EQUIPMENT 

125 TACTICAL BRIDGING ...................................................................... 98,229 98,229 

126 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 64,438 64,438 

127 COMMON BRIDGE TRANSPORTER (CBT) RECAP ..................... 79,916 79,916 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

128 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 8,471 8,471 

129 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .......... 29,883 29,883 

130 AREA MINE DETECTION SYSTEM (AMDS) ................................ 11,594 11,594 

131 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ................... 40,834 40,834 

132 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 4,029 4,029 

133 EOD ROBOTICS SYSTEMS RECAPITALIZATION ....................... 14,208 14,208 

134 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 31,456 31,456 

136 REMOTE DEMOLITION SYSTEMS ................................................ 1,748 1,748 

137 < $5M, COUNTERMINE EQUIPMENT ........................................... 7,829 7,829 

138 FAMILY OF BOATS AND MOTORS ............................................... 5,806 5,806 

COMBAT SERVICE SUPPORT EQUIPMENT 

139 HEATERS AND ECU’S ...................................................................... 9,852 9,852 

140 SOLDIER ENHANCEMENT ............................................................. 1,103 1,103 

141 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 5,875 5,875 

142 GROUND SOLDIER SYSTEM .......................................................... 92,487 36,487 

Requirement funded in fiscal year 2018 .................................... [–56,000 ] 

143 MOBILE SOLDIER POWER ............................................................. 30,774 30,774 

145 FIELD FEEDING EQUIPMENT ...................................................... 17,521 17,521 

146 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 44,855 44,855 

147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 17,173 17,173 

148 ITEMS LESS THAN $5M (ENG SPT) .............................................. 2,000 2,000 

PETROLEUM EQUIPMENT 

149 QUALITY SURVEILLANCE EQUIPMENT .................................... 1,770 1,770 

150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 39,730 39,730 

MEDICAL EQUIPMENT 

151 COMBAT SUPPORT MEDICAL ....................................................... 57,752 57,752 

MAINTENANCE EQUIPMENT 

152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 37,722 37,722 

153 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................ 4,985 4,985 

CONSTRUCTION EQUIPMENT 

155 SCRAPERS, EARTHMOVING .......................................................... 7,961 7,961 

156 HYDRAULIC EXCAVATOR .............................................................. 1,355 1,355 

158 ALL TERRAIN CRANES ................................................................... 13,031 13,031 

159 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 46,048 46,048 

160 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP ......... 980 8,480 

Program increase—additional ERACC systems ........................ [7,500 ] 

161 CONST EQUIP ESP ........................................................................... 37,017 37,017 

162 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................. 6,103 6,103 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

163 ARMY WATERCRAFT ESP .............................................................. 27,711 27,711 

164 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ..................................... 8,385 8,385 

GENERATORS 

165 GENERATORS AND ASSOCIATED EQUIP ................................... 133,772 133,772 


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SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

166 TACTICAL ELECTRIC POWER RECAPITALIZATION ................ 8,333 8,333 

MATERIAL HANDLING EQUIPMENT 

167 FAMILY OF FORKLIFTS .................................................................. 12,901 12,901 

TRAINING EQUIPMENT 

168 COMBAT TRAINING CENTERS SUPPORT ................................... 123,228 123,228 

169 TRAINING DEVICES, NONSYSTEM .............................................. 228,598 228,598 

170 CLOSE COMBAT TACTICAL TRAINER ......................................... 33,080 33,080 

171 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 32,700 32,700 

172 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 25,161 25,161 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

173 CALIBRATION SETS EQUIPMENT ................................................ 4,270 4,270 

174 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 76,295 76,295 

175 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 9,806 9,806 

OTHER SUPPORT EQUIPMENT 

176 M25 STABILIZED BINOCULAR ...................................................... 4,368 4,368 

177 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 9,879 9,879 

178 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 54,043 54,043 

179 BASE LEVEL COMMON EQUIPMENT .......................................... 6,633 6,633 

180 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 49,797 49,797 

181 PRODUCTION BASE SUPPORT (OTH) .......................................... 2,301 2,301 

182 SPECIAL EQUIPMENT FOR USER TESTING .............................. 11,608 11,608 

183 TRACTOR YARD ................................................................................ 4,956 4,956 

OPA2 

184 INITIAL SPARES—C&E ................................................................... 9,817 9,817 

TOTAL OTHER PROCUREMENT, ARMY ...................... 7,999,529 7,669,864 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 F/A–18E/F (FIGHTER) HORNET ..................................................... 1,937,553 1,881,304 

Excess NRE and Support Costs ................................................. [–56,249 ] 

002 ADVANCE PROCUREMENT (CY) ............................................... 58,799 58,799 

003 JOINT STRIKE FIGHTER CV .......................................................... 1,144,958 1,132,058 

Production Effiencies ................................................................... [–12,900 ] 

004 ADVANCE PROCUREMENT (CY) ............................................... 140,010 140,010 

005 JSF STOVL ......................................................................................... 2,312,847 2,276,547 

Production Efficiences ................................................................. [–36,300 ] 

006 ADVANCE PROCUREMENT (CY) ............................................... 228,492 228,492 

007 CH–53K (HEAVY LIFT) .................................................................... 1,113,804 1,068,426 

Support cost growth .................................................................... [–45,378 ] 

008 ADVANCE PROCUREMENT (CY) ............................................... 161,079 161,079 

009 V–22 (MEDIUM LIFT) ....................................................................... 806,337 784,337 

Unit cost savings ......................................................................... [–22,000 ] 

010 ADVANCE PROCUREMENT (CY) ............................................... 36,955 36,955 

011 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 820,755 820,755 

014 P–8A POSEIDON ............................................................................... 1,803,753 1,778,753 

Excessive CFE Electronics cost growth ..................................... [–5,000 ] 

Excessive support cost growth .................................................... [–20,000 ] 

015 ADVANCE PROCUREMENT (CY) ............................................... 180,000 180,000 

016 E–2D ADV HAWKEYE ...................................................................... 742,693 904,193 

Unit cost savings ......................................................................... [–8,500 ] 

UPL—1 additional Aircraft ......................................................... [170,000 ] 

017 ADVANCE PROCUREMENT (CY) ............................................... 240,734 240,734 

AIRLIFT AIRCRAFT 

018 C–40A .................................................................................................. 206,000 0 

Forward financed in the FY18 Omnibus ................................... [–206,000 ] 

OTHER AIRCRAFT 

020 KC–130J .............................................................................................. 160,433 160,433 

021 ADVANCE PROCUREMENT (CY) ............................................... 110,013 102,050 

Excess growth .............................................................................. [–7,963 ] 

022 MQ–4 TRITON .................................................................................... 568,743 544,793 

Unit and support cost growth ..................................................... [–23,950 ] 

023 ADVANCE PROCUREMENT (CY) ............................................... 58,522 58,522 

024 MQ–8 UAV .......................................................................................... 54,761 54,761 

025 STUASL0 UAV ................................................................................... 14,866 14,866 

026 VH–92A EXECUTIVE HELO ............................................................ 649,015 649,015 

MODIFICATION OF AIRCRAFT 

027 AEA SYSTEMS ................................................................................... 25,277 25,277 


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132 STAT. 2336 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

028 AV–8 SERIES ..................................................................................... 58,577 58,577 

029 ADVERSARY ...................................................................................... 14,606 14,606 

030 F–18 SERIES ...................................................................................... 1,213,482 1,224,882 

Program decrease ........................................................................ [–2,500 ] 

UPL—EA–18G Advanced Modes / Cognitive EW ..................... [13,900 ] 

031 H–53 SERIES ...................................................................................... 70,997 70,997 

032 SH–60 SERIES ................................................................................... 130,661 130,661 

033 H–1 SERIES ........................................................................................ 87,143 87,143 

034 EP–3 SERIES ...................................................................................... 3,633 3,633 

035 P–3 SERIES ........................................................................................ 803 803 

036 E–2 SERIES ........................................................................................ 88,780 80,980 

Installations early to need (OSIP 002–18) ................................ [–7,800 ] 

037 TRAINER A/C SERIES ...................................................................... 11,660 11,660 

038 C–2A .................................................................................................... 11,327 8,327 

Forward financed ......................................................................... [–3,000 ] 

039 C–130 SERIES .................................................................................... 79,075 72,152 

Forward financed ......................................................................... [–6,923 ] 

040 FEWSG ................................................................................................ 597 597 

041 CARGO/TRANSPORT A/C SERIES .................................................. 8,932 8,932 

042 E–6 SERIES ........................................................................................ 181,821 180,493 

Excess installation costs ............................................................. [–1,328 ] 

043 EXECUTIVE HELICOPTERS SERIES ............................................ 23,566 23,566 

044 SPECIAL PROJECT AIRCRAFT ...................................................... 7,620 7,620 

045 T–45 SERIES ...................................................................................... 195,475 195,475 

046 POWER PLANT CHANGES .............................................................. 21,521 21,521 

047 JPATS SERIES ................................................................................... 27,644 27,644 

048 AVIATION LIFE SUPPORT MODS ................................................. 15,864 15,864 

049 COMMON ECM EQUIPMENT ......................................................... 166,306 191,306 

Navy UFR: F/A–18E/F Super Hornet Adaptive RADAR countermeasures.[25,000 ] 

050 COMMON AVIONICS CHANGES .................................................... 117,551 117,551 

051 COMMON DEFENSIVE WEAPON SYSTEM ................................. 1,994 1,994 

052 ID SYSTEMS ...................................................................................... 40,696 40,696 

053 P–8 SERIES ........................................................................................ 71,251 71,251 

054 MAGTF EW FOR AVIATION ............................................................ 11,590 11,590 

055 MQ–8 SERIES .................................................................................... 37,907 37,907 

057 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 214,820 211,700 

Excess support costs .................................................................... [–3,120 ] 

058 NEXT GENERATION JAMMER (NGJ) ........................................... 952 0 

Early to need ................................................................................ [–952 ] 

059 F–35 STOVL SERIES ........................................................................ 36,618 36,618 

060 F–35 CV SERIES ................................................................................ 21,236 21,236 

061 QRC ..................................................................................................... 101,499 101,499 

062 MQ–4 SERIES .................................................................................... 48,278 48,278 

063 RQ–21 SERIES ................................................................................... 6,904 6,904 

AIRCRAFT SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS ........................................................ 1,792,920 1,842,920 

F–35B and F–35C spares quantity increase ............................. [50,000 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

065 COMMON GROUND EQUIPMENT ................................................. 421,606 411,606 

Program decrease ........................................................................ [–10,000 ] 

066 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 24,496 24,496 

067 WAR CONSUMABLES ...................................................................... 42,108 42,108 

068 OTHER PRODUCTION CHARGES .................................................. 1,444 1,444 

069 SPECIAL SUPPORT EQUIPMENT ................................................. 49,489 49,489 

070 FIRST DESTINATION TRANSPORTATION .................................. 1,951 1,951 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 19,041,799 18,820,836 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ............................................................................ 1,078,750 1,078,750 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .............................................. 6,998 6,998 

STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................... 98,570 78,406 

Shutdown costs early to need ..................................................... [–20,164 ] 

TACTICAL MISSILES 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2337 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

004 AMRAAM ............................................................................................ 211,058 211,058 

005 SIDEWINDER .................................................................................... 77,927 122,927 

Navy UFR: additional AIM 9–X missiles .................................. [45,000 ] 

006 JSOW ................................................................................................... 1,330 1,330 

007 STANDARD MISSILE ....................................................................... 490,210 490,210 

008 ADVANCE PROCUREMENT (CY) ............................................... 125,683 125,683 

009 SMALL DIAMETER BOMB II .......................................................... 91,272 91,272 

010 RAM ..................................................................................................... 96,221 96,221 

011 JOINT AIR GROUND MISSILE (JAGM) ......................................... 24,109 24,109 

014 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........ 11,378 11,378 

015 AERIAL TARGETS ............................................................................ 137,137 137,137 

016 OTHER MISSILE SUPPORT ............................................................ 3,318 3,318 

017 LRASM ................................................................................................ 81,190 111,190 

Navy Unfunded Requirement ..................................................... [30,000 ] 

018 LCS OTH MISSILE ............................................................................ 18,156 18,156 

MODIFICATION OF MISSILES 

019 ESSM ................................................................................................... 98,384 98,384 

020 HARPOON MODS .............................................................................. 14,840 26,840 

Navy UPL: Increase to max capacity ......................................... [12,000 ] 

021 HARM MODS ..................................................................................... 187,985 187,985 

SUPPORT EQUIPMENT & FACILITIES 

023 WEAPONS INDUSTRIAL FACILITIES .......................................... 2,006 2,006 

024 FLEET SATELLITE COMM FOLLOW-ON ..................................... 66,779 66,779 

ORDNANCE SUPPORT EQUIPMENT 

025 ORDNANCE SUPPORT EQUIPMENT ............................................ 62,008 62,008 

TORPEDOES AND RELATED EQUIP 

026 SSTD .................................................................................................... 6,353 6,353 

027 MK–48 TORPEDO .............................................................................. 92,616 103,616 

Navy Unfunded Requirement ..................................................... [11,000 ] 

028 ASW TARGETS .................................................................................. 12,324 12,324 

MOD OF TORPEDOES AND RELATED EQUIP 

029 MK–54 TORPEDO MODS ................................................................. 105,946 101,946 

Non Recurring Engineering excess growth ............................... [–4,000 ] 

030 MK–48 TORPEDO ADCAP MODS ................................................... 40,005 40,005 

031 QUICKSTRIKE MINE ....................................................................... 9,758 9,758 

SUPPORT EQUIPMENT 

032 TORPEDO SUPPORT EQUIPMENT ............................................... 79,371 79,371 

033 ASW RANGE SUPPORT ................................................................... 3,872 3,872 

DESTINATION TRANSPORTATION 

034 FIRST DESTINATION TRANSPORTATION .................................. 3,726 3,726 

GUNS AND GUN MOUNTS 

035 SMALL ARMS AND WEAPONS ....................................................... 15,067 15,067 

MODIFICATION OF GUNS AND GUN MOUNTS 

036 CIWS MODS ....................................................................................... 63,318 63,318 

037 COAST GUARD WEAPONS .............................................................. 40,823 40,823 

038 GUN MOUNT MODS ......................................................................... 74,618 74,618 

039 LCS MODULE WEAPONS ................................................................ 11,350 11,350 

041 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 22,249 22,249 

SPARES AND REPAIR PARTS 

043 SPARES AND REPAIR PARTS ........................................................ 135,688 135,688 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 3,702,393 3,776,229 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 79,871 79,871 

002 JDAM ................................................................................................... 87,900 87,900 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 151,431 144,481 

APKWS product improvement previously funded .................... [–6,950 ] 

004 MACHINE GUN AMMUNITION ...................................................... 11,344 11,344 

005 PRACTICE BOMBS ........................................................................... 49,471 49,471 

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 56,227 56,227 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 66,382 66,382 

008 JATOS ................................................................................................. 2,907 2,907 

009 5 INCH/54 GUN AMMUNITION ...................................................... 72,657 72,657 

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 33,613 32,813 

Unit cost growth (57MM, HE–PD) ............................................. [–800 ] 

011 OTHER SHIP GUN AMMUNITION ................................................ 42,142 42,142 


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132 STAT. 2338 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

012 SMALL ARMS & LANDING PARTY AMMO .................................. 49,888 49,888 

013 PYROTECHNIC AND DEMOLITION .............................................. 10,931 10,931 

015 AMMUNITION LESS THAN $5 MILLION ..................................... 1,106 1,106 

MARINE CORPS AMMUNITION 

019 MORTARS ........................................................................................... 28,266 28,266 

021 DIRECT SUPPORT MUNITIONS .................................................... 63,664 63,664 

022 INFANTRY WEAPONS AMMUNITION .......................................... 59,295 59,295 

026 COMBAT SUPPORT MUNITIONS .................................................. 31,577 31,577 

028 AMMO MODERNIZATION ............................................................... 15,001 15,001 

029 ARTILLERY MUNITIONS ................................................................ 86,297 86,297 

030 ITEMS LESS THAN $5 MILLION ................................................... 6,239 6,239 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 1,006,209 998,459 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

001 ADVANCE PROCUREMENT (CY) ............................................... 3,005,330 3,242,330 

Ordnance Early to Need ............................................................. [–13,000 ] 

Submarine industrial base expansion ........................................ [250,000 ] 

OTHER WARSHIPS 

002 CARRIER REPLACEMENT PROGRAM .......................................... 1,598,181 1,598,181 

004 VIRGINIA CLASS SUBMARINE ...................................................... 4,373,382 4,353,382 

Excess change order rate ............................................................ [–20,000 ] 

005 ADVANCE PROCUREMENT (CY) ............................................... 2,796,401 2,796,401 

007 ADVANCE PROCUREMENT (CY) ............................................... 449,597 449,597 

008 DDG 1000 ............................................................................................ 270,965 270,965 

009 DDG–51 ............................................................................................... 5,253,327 5,171,827 

Excessive Basic Construction Unit Cost Growth ...................... [–81,500 ] 

010 ADVANCE PROCUREMENT (CY) ............................................... 391,928 641,928 

Enable greater long lead material procurement ....................... [250,000 ] 

011 LITTORAL COMBAT SHIP ............................................................... 646,244 1,558,505 

Align Plans and Other costs with end of production ................ [–37,739 ] 

Program Increase—Two ships .................................................... [950,000 ] 

AMPHIBIOUS SHIPS 

012A ADVANCE PROCUREMENT (CY) ............................................... 500,000 

AP for FY2020 LPD Flight II and/or MYP EOQ ...................... [500,000 ] 

013 EXPEDITIONARY SEA BASE (ESB) ............................................... 650,000 647,000 

Accelerated contracts learning curve ......................................... [–3,000 ] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

016 TAO FLEET OILER ........................................................................... 977,104 977,104 

017 ADVANCE PROCUREMENT (CY) ............................................... 75,046 75,046 

018 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ......................... 80,517 80,517 

020 LCU 1700 ............................................................................................ 41,520 41,520 

021 OUTFITTING ...................................................................................... 634,038 562,038 

Outfitting and Post Delivery early to need ............................... [–72,000 ] 

022 SHIP TO SHORE CONNECTOR ...................................................... 325,375 507,875 

Program Increase—Three vessels .............................................. [182,500 ] 

023 SERVICE CRAFT ............................................................................... 72,062 97,062 

Accelerate detail design and construction of YP–703 Flight II [25,000 ] 

024 LCAC SLEP ........................................................................................ 23,321 23,321 

028 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 207,099 207,099 

028A CABLE SHIP ...................................................................................... 250,000 

Program increase ......................................................................... [250,000 ] 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .. 21,871,437 24,051,698 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

001 SURFACE POWER EQUIPMENT .................................................... 19,700 19,700 

GENERATORS 

003 SURFACE COMBATANT HM&E ..................................................... 23,495 23,495 

NAVIGATION EQUIPMENT 

004 OTHER NAVIGATION EQUIPMENT .............................................. 63,330 73,330 

Accelerate ECDIS-N 9.3, 9.4, 9.5 implementation .................... [10,000 ] 

OTHER SHIPBOARD EQUIPMENT 

005 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............. 178,421 178,421 

006 DDG MOD ........................................................................................... 487,999 483,499 

AWS Installation Unit Cost Growth .......................................... [–4,500 ] 

007 FIREFIGHTING EQUIPMENT ........................................................ 28,143 28,143 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2339 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

008 COMMAND AND CONTROL SWITCHBOARD .............................. 2,248 2,248 

009 LHA/LHD MIDLIFE ........................................................................... 37,694 37,694 

010 POLLUTION CONTROL EQUIPMENT ........................................... 20,883 20,883 

011 SUBMARINE SUPPORT EQUIPMENT .......................................... 37,155 37,155 

012 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 66,328 66,328 

013 LCS CLASS SUPPORT EQUIPMENT ............................................. 47,241 47,241 

014 SUBMARINE BATTERIES ............................................................... 27,987 25,085 

Unit cost growth .......................................................................... [–2,902 ] 

015 LPD CLASS SUPPORT EQUIPMENT ............................................. 65,033 65,033 

016 DDG 1000 CLASS SUPPORT EQUIPMENT ................................... 89,700 57,700 

Procurement early to need .......................................................... [–32,000 ] 

017 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 22,254 22,254 

018 DSSP EQUIPMENT ........................................................................... 3,629 3,629 

019 CG MODERNIZATION ...................................................................... 276,446 272,546 

Integrated Ship Controls Unit Cost Growth ............................. [–3,900 ] 

020 LCAC ................................................................................................... 3,709 3,709 

021 UNDERWATER EOD PROGRAMS .................................................. 78,807 73,000 

Insufficient transition strategy .................................................. [–5,807 ] 

022 ITEMS LESS THAN $5 MILLION ................................................... 126,865 126,865 

023 CHEMICAL WARFARE DETECTORS ............................................ 2,966 2,966 

024 SUBMARINE LIFE SUPPORT SYSTEM ........................................ 11,968 11,968 

REACTOR PLANT EQUIPMENT 

025 REACTOR POWER UNITS ............................................................... 346,325 346,325 

026 REACTOR COMPONENTS ............................................................... 497,063 497,063 

OCEAN ENGINEERING 

027 DIVING AND SALVAGE EQUIPMENT .......................................... 10,706 10,706 

SMALL BOATS 

028 STANDARD BOATS ........................................................................... 49,771 49,771 

PRODUCTION FACILITIES EQUIPMENT 

029 OPERATING FORCES IPE ............................................................... 225,181 225,181 

OTHER SHIP SUPPORT 

031 LCS COMMON MISSION MODULES EQUIPMENT .................... 46,732 42,223 

EMM AN/SQS–62 training equipment unjustified request ..... [–4,509 ] 

032 LCS MCM MISSION MODULES ..................................................... 124,147 124,147 

033 LCS ASW MISSION MODULES ...................................................... 57,294 7,394 

Late test event for VDS and MFTA ........................................... [–49,900 ] 

034 LCS SUW MISSION MODULES ...................................................... 26,006 14,506 

Surface to Surface MM Early to need ....................................... [–11,500 ] 

035 LCS IN-SERVICE MODERNIZATION ............................................. 70,526 70,526 

LOGISTIC SUPPORT 

036 LSD MIDLIFE & MODERNIZATION .............................................. 4,784 4,784 

SHIP SONARS 

037 SPQ–9B RADAR ................................................................................. 20,309 20,309 

038 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 115,459 115,459 

039 SSN ACOUSTIC EQUIPMENT ........................................................ 318,189 318,189 

040 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 10,134 10,134 

ASW ELECTRONIC EQUIPMENT 

041 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 23,815 23,815 

042 SSTD .................................................................................................... 11,277 6,277 

AN/SLQ–25E contract delay ....................................................... [–5,000 ] 

043 FIXED SURVEILLANCE SYSTEM .................................................. 237,780 237,780 

044 SURTASS ............................................................................................ 57,872 57,872 

ELECTRONIC WARFARE EQUIPMENT 

045 AN/SLQ–32 .......................................................................................... 420,344 393,244 

Block 3 kit cost excess growth .................................................... [–12,429 ] 

Excess Ship Installation Unit Cost Growth .............................. [–14,671 ] 

RECONNAISSANCE EQUIPMENT 

046 SHIPBOARD IW EXPLOIT ............................................................... 220,883 220,883 

047 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 4,028 4,028 

OTHER SHIP ELECTRONIC EQUIPMENT 

048 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 44,173 38,173 

Common Array Block antenna program delay .......................... [–6,000 ] 

049 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 10,991 10,991 

050 ATDLS ................................................................................................. 34,526 34,526 

051 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 3,769 3,769 

052 MINESWEEPING SYSTEM REPLACEMENT ................................ 35,709 35,709 

053 SHALLOW WATER MCM ................................................................. 8,616 8,616 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2340 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

054 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 10,703 10,703 

055 AMERICAN FORCES RADIO AND TV SERVICE ......................... 2,626 2,626 

056 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 9,467 9,467 

AVIATION ELECTRONIC EQUIPMENT 

057 ASHORE ATC EQUIPMENT ............................................................ 70,849 70,849 

058 AFLOAT ATC EQUIPMENT ............................................................. 47,890 47,890 

059 ID SYSTEMS ...................................................................................... 26,163 26,163 

060 JOINT PRECISION APPROACH AND LANDING SYSTEM ........ 38,094 38,094 

061 NAVAL MISSION PLANNING SYSTEMS ...................................... 11,966 11,966 

OTHER SHORE ELECTRONIC EQUIPMENT 

062 TACTICAL/MOBILE C4I SYSTEMS ................................................ 42,010 42,010 

063 DCGS-N ............................................................................................... 12,896 12,896 

064 CANES ................................................................................................. 423,027 412,753 

CANES afloat kit prior year carryover ...................................... [–10,274 ] 

065 RADIAC ............................................................................................... 8,175 8,175 

066 CANES-INTELL ................................................................................. 54,465 54,465 

067 GPETE ................................................................................................. 5,985 5,985 

068 MASF ................................................................................................... 5,413 5,413 

069 INTEG COMBAT SYSTEM TEST FACILITY ................................. 6,251 6,251 

070 EMI CONTROL INSTRUMENTATION ........................................... 4,183 4,183 

071 ITEMS LESS THAN $5 MILLION ................................................... 148,350 142,950 

NGSSR installation funding early to need ................................ [–5,400 ] 

SHIPBOARD COMMUNICATIONS 

072 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 45,450 45,450 

073 SHIP COMMUNICATIONS AUTOMATION ................................... 105,087 105,087 

074 COMMUNICATIONS ITEMS UNDER $5M .................................... 41,123 41,123 

SUBMARINE COMMUNICATIONS 

075 SUBMARINE BROADCAST SUPPORT ........................................... 30,897 30,897 

076 SUBMARINE COMMUNICATION EQUIPMENT .......................... 78,580 78,580 

SATELLITE COMMUNICATIONS 

077 SATELLITE COMMUNICATIONS SYSTEMS ................................ 41,205 41,205 

078 NAVY MULTIBAND TERMINAL (NMT) ........................................ 113,885 113,885 

SHORE COMMUNICATIONS 

079 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 4,292 4,292 

CRYPTOGRAPHIC EQUIPMENT 

080 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 153,526 153,526 

081 MIO INTEL EXPLOITATION TEAM ............................................... 951 951 

CRYPTOLOGIC EQUIPMENT 

082 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 14,209 17,009 

SOUTHCOM CCO Sensor (2 suites) .......................................... [2,800 ] 

OTHER ELECTRONIC SUPPORT 

086 COAST GUARD EQUIPMENT ......................................................... 40,713 40,713 

SONOBUOYS 

088 SONOBUOYS—ALL TYPES ............................................................. 177,891 216,191 

Navy Unfunded Requirement ..................................................... [38,300 ] 

AIRCRAFT SUPPORT EQUIPMENT 

089 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 93,864 93,864 

090 AIRCRAFT SUPPORT EQUIPMENT ............................................... 111,724 111,724 

091 ADVANCED ARRESTING GEAR (AAG) ......................................... 11,054 11,054 

092 METEOROLOGICAL EQUIPMENT ................................................. 21,072 21,072 

093 DCRS/DPL ........................................................................................... 656 656 

094 AIRBORNE MINE COUNTERMEASURES .................................... 11,299 11,299 

095 LAMPS EQUIPMENT ........................................................................ 594 594 

096 AVIATION SUPPORT EQUIPMENT ............................................... 39,374 37,874 

ASIP unit cost growth ................................................................. [–1,500 ] 

097 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ... 35,405 35,405 

SHIP GUN SYSTEM EQUIPMENT 

098 SHIP GUN SYSTEMS EQUIPMENT ............................................... 5,337 5,337 

SHIP MISSILE SYSTEMS EQUIPMENT 

099 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 213,090 213,090 

100 TOMAHAWK SUPPORT EQUIPMENT ........................................... 92,890 92,890 

FBM SUPPORT EQUIPMENT 

101 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 271,817 271,817 

ASW SUPPORT EQUIPMENT 

102 SSN COMBAT CONTROL SYSTEMS .............................................. 129,501 129,501 

103 ASW SUPPORT EQUIPMENT ......................................................... 19,436 19,436 

OTHER ORDNANCE SUPPORT EQUIPMENT 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2341 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

104 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 14,258 14,258 

105 ITEMS LESS THAN $5 MILLION ................................................... 5,378 5,378 

OTHER EXPENDABLE ORDNANCE 

106 SUBMARINE TRAINING DEVICE MODS ..................................... 65,543 65,543 

107 SURFACE TRAINING EQUIPMENT .............................................. 230,425 230,425 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

108 PASSENGER CARRYING VEHICLES ............................................ 4,867 4,867 

109 GENERAL PURPOSE TRUCKS ....................................................... 2,674 2,674 

110 CONSTRUCTION & MAINTENANCE EQUIP ............................... 20,994 20,994 

111 FIRE FIGHTING EQUIPMENT ....................................................... 17,189 17,189 

112 TACTICAL VEHICLES ...................................................................... 19,916 19,916 

113 AMPHIBIOUS EQUIPMENT ............................................................ 7,400 7,400 

114 POLLUTION CONTROL EQUIPMENT ........................................... 2,713 2,713 

115 ITEMS UNDER $5 MILLION ........................................................... 35,540 35,540 

116 PHYSICAL SECURITY VEHICLES ................................................. 1,155 1,155 

SUPPLY SUPPORT EQUIPMENT 

117 SUPPLY EQUIPMENT ...................................................................... 18,786 18,786 

118 FIRST DESTINATION TRANSPORTATION .................................. 5,375 5,375 

119 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 580,371 580,371 

TRAINING DEVICES 

120 TRAINING SUPPORT EQUIPMENT ............................................... 3,400 3,400 

121 TRAINING AND EDUCATION EQUIPMENT ................................ 24,283 22,183 

Excess Production Support ......................................................... [–2,100 ] 

COMMAND SUPPORT EQUIPMENT 

122 COMMAND SUPPORT EQUIPMENT ............................................. 66,681 66,681 

123 MEDICAL SUPPORT EQUIPMENT ................................................ 3,352 3,352 

125 NAVAL MIP SUPPORT EQUIPMENT ............................................ 1,984 1,984 

126 OPERATING FORCES SUPPORT EQUIPMENT ........................... 15,131 15,131 

127 C4ISR EQUIPMENT .......................................................................... 3,576 3,576 

128 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 31,902 31,902 

129 PHYSICAL SECURITY EQUIPMENT ............................................. 175,436 195,436 

New Navy port waterborne security barriers increase ............ [20,000 ] 

130 ENTERPRISE INFORMATION TECHNOLOGY ............................ 25,393 25,393 

OTHER 

133 NEXT GENERATION ENTERPRISE SERVICE ............................. 96,269 96,269 

CLASSIFIED PROGRAMS 

133A CLASSIFIED PROGRAMS ................................................................ 15,681 15,681 

SPARES AND REPAIR PARTS 

134 SPARES AND REPAIR PARTS ........................................................ 326,838 326,838 

TOTAL OTHER PROCUREMENT, NAVY ....................... 9,414,355 9,313,063 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ........................................................................................ 156,249 96,836 

Program reduction ....................................................................... [–59,413 ] 

002 AMPHIBIOUS COMBAT VEHICLE 1.1 .......................................... 167,478 167,478 

003 LAV PIP .............................................................................................. 43,701 43,701 

ARTILLERY AND OTHER WEAPONS 

005 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 47,158 47,158 

006 ARTILLERY WEAPONS SYSTEM ................................................... 134,246 134,246 

007 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 40,687 40,687 

OTHER SUPPORT 

008 MODIFICATION KITS ...................................................................... 22,904 22,904 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE ................................................... 18,334 18,334 

010 ANTI-ARMOR MISSILE-JAVELIN .................................................. 3,020 3,020 

011 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............ 13,760 13,760 

012 ANTI-ARMOR MISSILE-TOW .......................................................... 59,702 59,702 

COMMAND AND CONTROL SYSTEMS 

013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 35,467 35,467 

REPAIR AND TEST EQUIPMENT 

014 REPAIR AND TEST EQUIPMENT .................................................. 46,081 45,656 

Program Reduction ...................................................................... [–425 ] 

OTHER SUPPORT (TEL) 

015 MODIFICATION KITS ...................................................................... 971 971 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

016 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 69,203 67,360 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2342 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

Program Reduction ...................................................................... [–1,843 ] 

017 AIR OPERATIONS C2 SYSTEMS .................................................... 14,269 14,269 

RADAR + EQUIPMENT (NON-TEL) 

018 RADAR SYSTEMS ............................................................................. 6,694 6,694 

019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................... 224,969 224,969 

INTELL/COMM EQUIPMENT (NON-TEL) 

021 GCSS-MC ............................................................................................ 1,187 1,187 

022 FIRE SUPPORT SYSTEM ................................................................. 60,189 60,189 

023 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 73,848 73,848 

025 UNMANNED AIR SYSTEMS (INTEL) ............................................ 3,848 3,848 

026 DCGS-MC ............................................................................................ 16,081 16,081 

OTHER SUPPORT (NON-TEL) 

030 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ........... 87,120 87,120 

031 COMMON COMPUTER RESOURCES ............................................ 68,914 68,914 

032 COMMAND POST SYSTEMS ........................................................... 124,838 124,838 

033 RADIO SYSTEMS .............................................................................. 279,680 264,680 

Program reduction ....................................................................... [–15,000 ] 

034 COMM SWITCHING & CONTROL SYSTEMS ............................... 36,649 36,649 

035 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 83,971 83,971 

CLASSIFIED PROGRAMS 

035A CLASSIFIED PROGRAMS ................................................................ 3,626 3,626 

ADMINISTRATIVE VEHICLES 

036 COMMERCIAL CARGO VEHICLES ................................................ 25,441 25,441 

TACTICAL VEHICLES 

037 MOTOR TRANSPORT MODIFICATIONS ....................................... 11,392 11,392 

038 JOINT LIGHT TACTICAL VEHICLE .............................................. 607,011 607,011 

039 FAMILY OF TACTICAL TRAILERS ................................................ 2,393 2,393 

040 TRAILERS ........................................................................................... 6,540 6,540 

ENGINEER AND OTHER EQUIPMENT 

041 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 496 496 

042 TACTICAL FUEL SYSTEMS ............................................................ 54 54 

043 POWER EQUIPMENT ASSORTED ................................................. 21,062 21,062 

044 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 5,290 5,290 

045 EOD SYSTEMS .................................................................................. 47,854 47,854 

MATERIALS HANDLING EQUIPMENT 

046 PHYSICAL SECURITY EQUIPMENT ............................................. 28,306 28,306 

GENERAL PROPERTY 

047 FIELD MEDICAL EQUIPMENT ...................................................... 33,513 33,513 

048 TRAINING DEVICES ........................................................................ 52,040 52,040 

049 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 36,156 39,656 

GPS Grade Control Systems (GCS) and Survey Sets ............... [3,500 ] 

050 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ........ 606 606 

OTHER SUPPORT 

051 ITEMS LESS THAN $5 MILLION ................................................... 11,608 11,608 

SPARES AND REPAIR PARTS 

053 SPARES AND REPAIR PARTS ........................................................ 25,804 25,804 

TOTAL PROCUREMENT, MARINE CORPS .................. 2,860,410 2,787,229 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ..................................................................................................... 4,261,021 4,177,681 

Production Efficiences ................................................................. [–83,340 ] 

002 ADVANCE PROCUREMENT (CY) ............................................... 406,000 406,000 

002A O/A-X LIGHT ATTACK AIRCRAFT ................................................. 300,000 

Procurement of OA-X aircraft and long lead materials ........... [300,000 ] 

OTHER COMBAT AIRCRAFT 

003 C–135B ................................................................................................ 222,176 222,176 

TACTICAL AIRLIFT 

004 KC–46A TANKER .............................................................................. 2,559,911 2,351,476 

Interim contractor support early to need .................................. [–102,700 ] 

Unit cost savings ......................................................................... [–105,735 ] 

OTHER AIRLIFT 

005 C–130J ................................................................................................. 35,858 35,858 

006 HC–130J .............................................................................................. 129,437 129,437 

008 MC–130J ............................................................................................. 770,201 727,879 

Interim supply support costs unjustified growth ...................... [–42,322 ] 

009 ADVANCE PROCUREMENT (CY) ............................................... 218,000 218,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2343 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

HELICOPTERS 

011 COMBAT RESCUE HELICOPTER .................................................. 680,201 680,201 

MISSION SUPPORT AIRCRAFT 

013 CIVIL AIR PATROL A/C ................................................................... 2,719 2,719 

OTHER AIRCRAFT 

014 TARGET DRONES ............................................................................. 139,053 139,053 

015 COMPASS CALL MODS .................................................................... 108,113 108,113 

017 MQ–9 ................................................................................................... 221,707 341,707 

Increase to accelerate Advanced Battle Management System [120,000 ] 

STRATEGIC AIRCRAFT 

019 B–2A .................................................................................................... 60,301 60,301 

020 B–1B .................................................................................................... 51,290 51,290 

021 B–52 ..................................................................................................... 105,519 95,830 

Air Force requested realignment ............................................... [–14,759 ] 

Airspace compliance funding ahead of need ............................. [–1,954 ] 

Bomber tactical data link ahead of need ................................... [–2,976 ] 

LRASM certification .................................................................... [10,000 ] 

TACTICAL AIRCRAFT 

023 A–10 ..................................................................................................... 98,720 163,720 

Additional A–10 wing replacements .......................................... [65,000 ] 

024 C–130J ................................................................................................. 10,831 10,831 

025 F–15 ..................................................................................................... 548,109 541,581 

APG–82 install cost growth ........................................................ [–6,528 ] 

026 F–16 ..................................................................................................... 324,323 324,323 

027 F–22A .................................................................................................. 250,710 250,710 

029 F–35 MODIFICATIONS ..................................................................... 247,271 247,271 

030 F–15 EPAW ......................................................................................... 147,685 214,885 

Eagle Passive Active Warning and Survivability System 

(EPAWSS).

[67,200 ] 

031 INCREMENT 3.2B ............................................................................. 9,007 9,007 

033 KC–46A TANKER .............................................................................. 8,547 8,547 

AIRLIFT AIRCRAFT 

034 C–5 ....................................................................................................... 77,845 71,835 

Mission computer and weather radar cost growth ................... [–6,010 ] 

036 C–17A .................................................................................................. 102,121 102,121 

037 C–21 ..................................................................................................... 17,516 17,516 

038 C–32A .................................................................................................. 4,537 4,537 

039 C–37A .................................................................................................. 419 419 

TRAINER AIRCRAFT 

041 GLIDER MODS .................................................................................. 137 137 

042 T–6 ....................................................................................................... 22,550 22,550 

043 T–1 ....................................................................................................... 21,952 21,952 

044 T–38 ..................................................................................................... 70,623 70,623 

OTHER AIRCRAFT 

045 U–2 MODS .......................................................................................... 48,774 48,774 

046 KC–10A (ATCA) .................................................................................. 11,104 11,104 

047 C–12 ..................................................................................................... 4,900 4,900 

048 VC–25A MOD ...................................................................................... 36,938 36,938 

049 C–40 ..................................................................................................... 251 251 

050 C–130 ................................................................................................... 22,094 151,094 

Program Increase--eight blade proppeler upgrade (88 kits) .... [55,000 ] 

Program Increase--engine enhancement program (88 kits) ..... [74,000 ] 

051 C–130J MODS .................................................................................... 132,045 132,045 

052 C–135 ................................................................................................... 113,076 91,410 

Aero-I SATCOM ahead of need .................................................. [–21,666 ] 

053 OC–135B ............................................................................................. 5,913 5,913 

054 COMPASS CALL MODS .................................................................... 49,885 49,885 

055 COMBAT FLIGHT INSPECTION (CFIN) ....................................... 499 499 

056 RC–135 ................................................................................................ 394,532 394,532 

057 E–3 ....................................................................................................... 133,906 116,865 

Electronic protection ahead of need ........................................... [–17,041 ] 

058 E–4 ....................................................................................................... 67,858 67,858 

059 E–8 ....................................................................................................... 9,919 24,807 

Central Computer upgrade design ............................................. [14,888 ] 

060 AIRBORNE WARNING AND CNTR SYS (AWACS) 40/45 ............ 57,780 57,780 

061 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 14,293 14,293 

062 H–1 ....................................................................................................... 2,940 2,940 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2344 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

063 H–60 ..................................................................................................... 55,466 55,466 

064 RQ–4 MODS ........................................................................................ 23,715 128,715 

EQ–4 BACN aircraft increase .................................................... [105,000 ] 

065 HC/MC–130 MODIFICATIONS ........................................................ 37,754 37,754 

066 OTHER AIRCRAFT ............................................................................ 62,010 62,010 

067 MQ–9 MODS ....................................................................................... 171,548 171,548 

069 CV–22 MODS ...................................................................................... 60,416 60,416 

AIRCRAFT SPARES AND REPAIR PARTS 

070 INITIAL SPARES/REPAIR PARTS .................................................. 956,408 865,408 

F–35A Spares ............................................................................... [42,000 ] 

KC–46 spares ahead of need ...................................................... [–133,000 ] 

COMMON SUPPORT EQUIPMENT 

071 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 81,241 81,241 

POST PRODUCTION SUPPORT 

074 B–2A .................................................................................................... 1,763 1,763 

075 B–2B .................................................................................................... 35,861 35,861 

076 B–52 ..................................................................................................... 12,819 12,819 

077 C–17A .................................................................................................. 10,114 10,114 

079 F–15 ..................................................................................................... 2,545 2,545 

081 F–16 ..................................................................................................... 11,718 7,518 

F–16 Line Shutdown ................................................................... [–4,200 ] 

082 F–22A .................................................................................................. 14,489 14,489 

083 OTHER AIRCRAFT ............................................................................ 9,928 9,928 

084 RQ–4 POST PRODUCTION CHARGES .......................................... 40,641 40,641 

INDUSTRIAL PREPAREDNESS 

086 INDUSTRIAL RESPONSIVENESS .................................................. 17,378 17,378 

WAR CONSUMABLES 

088 WAR CONSUMABLES ...................................................................... 29,342 29,342 

OTHER PRODUCTION CHARGES 

089 OTHER PRODUCTION CHARGES .................................................. 1,502,386 1,502,386 

CLASSIFIED PROGRAMS 

093 CLASSIFIED PROGRAMS ................................................................ 28,278 28,278 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 16,206,937 16,517,794 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 36,786 18,066 

TERP delays ................................................................................. [–18,720 ] 

TACTICAL 

002 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 430,708 417,708 

Forward financing support costs ................................................ [–13,000 ] 

003 LRASM0 .............................................................................................. 44,185 54,385 

Restore reduction ......................................................................... [10,200 ] 

004 SIDEWINDER (AIM–9X) ................................................................... 121,253 121,253 

005 AMRAAM ............................................................................................ 337,886 337,886 

006 PREDATOR HELLFIRE MISSILE ................................................... 113,765 113,765 

007 SMALL DIAMETER BOMB .............................................................. 105,034 105,034 

008 SMALL DIAMETER BOMB II .......................................................... 100,861 100,861 

INDUSTRIAL FACILITIES 

009 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 787 787 

CLASS IV 

010 ICBM FUZE MOD .............................................................................. 15,767 15,767 

011 ADVANCE PROCUREMENT (CY) ............................................... 4,100 4,100 

012 MM III MODIFICATIONS ................................................................. 129,199 129,199 

013 AGM–65D MAVERICK ...................................................................... 288 288 

014 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 47,632 47,632 

MISSILE SPARES AND REPAIR PARTS 

016 REPLEN SPARES/REPAIR PARTS ................................................. 97,481 97,481 

SPECIAL PROGRAMS 

018 SPECIAL UPDATE PROGRAMS ...................................................... 188,539 188,539 

CLASSIFIED PROGRAMS 

019 CLASSIFIED PROGRAMS ................................................................ 895,183 895,183 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 2,669,454 2,647,934 

SPACE PROCUREMENT, AIR FORCE 

SPACE PROGRAMS 

001 ADVANCED EHF ............................................................................... 29,829 29,829 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2345 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

002 AF SATELLITE COMM SYSTEM .................................................... 35,400 35,400 

003 COUNTERSPACE SYSTEMS ........................................................... 1,121 1,121 

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 27,867 27,867 

005 WIDEBAND GAPFILLER SATELLITES(SPACE) .......................... 61,606 61,606 

006 GENERAL INFORMATION TECH—SPACE .................................. 3,425 3,425 

007 GPS III SPACE SEGMENT ............................................................... 69,386 69,386 

008 GLOBAL POSTIONING (SPACE) .................................................... 2,181 2,181 

009 INTEG BROADCAST SERV .............................................................. 16,445 16,445 

010 SPACEBORNE EQUIP (COMSEC) .................................................. 31,895 31,895 

012 MILSATCOM ...................................................................................... 11,265 11,265 

013 EVOLVED EXPENDABLE LAUNCH CAPABILITY ...................... 709,981 709,981 

014 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...................... 994,555 994,555 

015 SBIR HIGH (SPACE) ......................................................................... 138,397 138,397 

017 NUDET DETECTION SYSTEM ....................................................... 7,705 7,705 

018 ROCKET SYSTEMS LAUNCH PROGRAM ..................................... 47,609 47,609 

019 SPACE FENCE ................................................................................... 51,361 51,361 

020 SPACE MODS ..................................................................................... 148,065 148,065 

021 SPACELIFT RANGE SYSTEM SPACE ........................................... 117,637 117,637 

SSPARES 

022 SPARES AND REPAIR PARTS ........................................................ 21,812 21,812 

TOTAL SPACE PROCUREMENT, AIR FORCE ............. 2,527,542 2,527,542 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 345,911 345,911 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 163,840 163,840 

BOMBS 

003 PRACTICE BOMBS ........................................................................... 20,876 20,876 

004 GENERAL PURPOSE BOMBS ......................................................... 259,308 259,308 

005 MASSIVE ORDNANCE PENETRATOR (MOP) .............................. 38,111 38,111 

006 JOINT DIRECT ATTACK MUNITION ............................................ 234,198 234,198 

007 B61 ....................................................................................................... 109,292 109,292 

008 ADVANCE PROCUREMENT (CY) ............................................... 52,731 52,731 

OTHER ITEMS 

009 CAD/PAD ............................................................................................. 51,455 51,455 

010 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 6,038 6,038 

011 SPARES AND REPAIR PARTS ........................................................ 524 524 

012 MODIFICATIONS .............................................................................. 1,270 1,270 

013 ITEMS LESS THAN $5,000,000 ....................................................... 4,604 4,604 

FLARES 

015 FLARES ............................................................................................... 125,286 125,286 

FUZES 

016 FUZES ................................................................................................. 109,358 109,358 

SMALL ARMS 

017 SMALL ARMS .................................................................................... 64,502 64,502 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

1,587,304 1,587,304 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 6,949 6,949 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 36,002 36,002 

003 CAP VEHICLES ................................................................................. 1,022 1,022 

004 CARGO AND UTILITY VEHICLES ................................................. 42,696 46,693 

Procurement of 7 DABs for PACOM .......................................... [3,997 ] 

SPECIAL PURPOSE VEHICLES 

005 JOINT LIGHT TACTICAL VEHICLE .............................................. 30,145 30,145 

006 SECURITY AND TACTICAL VEHICLES ........................................ 1,230 1,230 

007 SPECIAL PURPOSE VEHICLES ..................................................... 43,003 53,693 

Procurement of 7 DABs for PACOM .......................................... [10,690 ] 

FIRE FIGHTING EQUIPMENT 

008 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 23,328 32,308 

Procurement of 7 DABs for PACOM .......................................... [8,980 ] 

MATERIALS HANDLING EQUIPMENT 

009 MATERIALS HANDLING VEHICLES ............................................ 11,537 21,125 


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132 STAT. 2346 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

Procurement of 7 DABs for PACOM .......................................... [9,588 ] 

BASE MAINTENANCE SUPPORT 

010 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 37,600 38,279 

Procurement of 7 DABs for PACOM .......................................... [679 ] 

011 BASE MAINTENANCE SUPPORT VEHICLES ............................. 104,923 104,923 

COMM SECURITY EQUIPMENT(COMSEC) 

012 COMSEC EQUIPMENT ..................................................................... 114,372 114,372 

INTELLIGENCE PROGRAMS 

013 INTERNATIONAL INTEL TECH & ARCHITECTURES ............... 8,290 8,290 

014 INTELLIGENCE TRAINING EQUIPMENT ................................... 2,099 2,099 

015 INTELLIGENCE COMM EQUIPMENT .......................................... 37,415 37,415 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS .................................. 57,937 14,387 

D-RAPCON Cost Growth ............................................................ [–43,550 ] 

018 BATTLE CONTROL SYSTEM—FIXED ........................................... 3,012 3,012 

019 THEATER AIR CONTROL SYS IMPROVEMEN ........................... 19,989 19,989 

020 WEATHER OBSERVATION FORECAST ........................................ 45,020 45,020 

021 STRATEGIC COMMAND AND CONTROL ..................................... 32,836 32,836 

022 CHEYENNE MOUNTAIN COMPLEX ............................................. 12,454 12,454 

023 MISSION PLANNING SYSTEMS .................................................... 14,263 14,263 

025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ..... 7,769 7,769 

SPCL COMM-ELECTRONICS PROJECTS 

026 GENERAL INFORMATION TECHNOLOGY .................................. 40,450 40,450 

027 AF GLOBAL COMMAND & CONTROL SYS .................................. 6,619 6,619 

028 MOBILITY COMMAND AND CONTROL ....................................... 10,192 10,192 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 159,313 101,315 

Previously funded requirement .................................................. [–60,000 ] 

Procurement of 7 DABs for PACOM .......................................... [2,002 ] 

030 COMBAT TRAINING RANGES ........................................................ 132,675 132,675 

031 MINIMUM ESSENTIAL EMERGENCY COMM N ........................ 140,875 140,875 

032 WIDE AREA SURVEILLANCE (WAS) ............................................ 92,104 92,104 

033 C3 COUNTERMEASURES ................................................................ 45,152 45,152 

034 GCSS-AF FOS ..................................................................................... 483 483 

035 DEFENSE ENTERPRISE ACCOUNTING & MGT SYS ................ 802 802 

036 MAINTENANCE REPAIR & OVERHAUL INITIATIVE ................ 12,207 12,207 

037 THEATER BATTLE MGT C2 SYSTEM ........................................... 7,644 7,644 

038 AIR & SPACE OPERATIONS CENTER (AOC) .............................. 40,066 40,066 

AIR FORCE COMMUNICATIONS 

041 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........ 22,357 22,357 

042 AFNET ................................................................................................. 102,836 82,836 

Prior year carryover .................................................................... [–20,000 ] 

043 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 3,145 3,145 

044 USCENTCOM ..................................................................................... 13,194 13,194 

ORGANIZATION AND BASE 

045 TACTICAL C-E EQUIPMENT .......................................................... 161,231 161,231 

047 RADIO EQUIPMENT ......................................................................... 12,142 12,142 

048 CCTV/AUDIOVISUAL EQUIPMENT ............................................... 6,505 3,255 

Carryover ..................................................................................... [–3,250 ] 

049 BASE COMM INFRASTRUCTURE .................................................. 169,404 169,404 

MODIFICATIONS 

050 COMM ELECT MODS ....................................................................... 10,654 10,654 

PERSONAL SAFETY & RESCUE EQUIP 

051 PERSONAL SAFETY AND RESCUE EQUIPMENT ...................... 51,906 51,906 

DEPOT PLANT+MTRLS HANDLING EQ 

052 MECHANIZED MATERIAL HANDLING EQUIP ........................... 88,298 88,298 

BASE SUPPORT EQUIPMENT 

053 BASE PROCURED EQUIPMENT .................................................... 17,031 17,031 

054 ENGINEERING AND EOD EQUIPMENT ...................................... 82,635 82,635 

055 MOBILITY EQUIPMENT .................................................................. 9,549 9,549 

056 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................ 24,005 35,333 

Procurement of 7 DABs for PACOM .......................................... [11,328 ] 

SPECIAL SUPPORT PROJECTS 

058 DARP RC135 ....................................................................................... 26,262 26,262 

059 DCGS-AF ............................................................................................. 448,290 378,490 

Forward financed in the FY18 Omnibus ................................... [–69,800 ] 

061 SPECIAL UPDATE PROGRAM ........................................................ 913,813 913,813 

CLASSIFIED PROGRAMS 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2347 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

062 CLASSIFIED PROGRAMS ................................................................ 17,258,069 17,258,069 

SPARES AND REPAIR PARTS 

063 SPARES AND REPAIR PARTS ........................................................ 86,365 86,365 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 20,890,164 20,740,828 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, OSD 

043 MAJOR EQUIPMENT, OSD ............................................................. 35,295 35,295 

MAJOR EQUIPMENT, NSA 

042 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 5,403 5,403 

MAJOR EQUIPMENT, WHS 

046 MAJOR EQUIPMENT, WHS ............................................................ 497 497 

MAJOR EQUIPMENT, DISA 

007 INFORMATION SYSTEMS SECURITY .......................................... 21,590 21,590 

008 TELEPORT PROGRAM ..................................................................... 33,905 33,905 

009 ITEMS LESS THAN $5 MILLION ................................................... 27,886 27,886 

010 NET CENTRIC ENTERPRISE SERVICES (NCES) ....................... 1,017 1,017 

011 DEFENSE INFORMATION SYSTEM NETWORK ......................... 150,674 150,674 

013 WHITE HOUSE COMMUNICATION AGENCY ............................. 94,610 94,610 

014 SENIOR LEADERSHIP ENTERPRISE ........................................... 197,246 197,246 

015 JOINT REGIONAL SECURITY STACKS (JRSS) ........................... 140,338 140,338 

016 JOINT SERVICE PROVIDER ........................................................... 107,182 100,442 

General reduction ........................................................................ [–6,740 ] 

MAJOR EQUIPMENT, DLA 

018 MAJOR EQUIPMENT ....................................................................... 5,225 5,225 

MAJOR EQUIPMENT, DSS 

021 MAJOR EQUIPMENT ....................................................................... 1,196 1,196 

MAJOR EQUIPMENT, DCAA 

001 ITEMS LESS THAN $5 MILLION ................................................... 2,542 2,542 

MAJOR EQUIPMENT, TJS 

044 MAJOR EQUIPMENT, TJS ............................................................... 4,360 4,360 

045 MAJOR EQUIPMENT, TJS—CE2T2 ............................................... 904 904 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

026 THAAD ................................................................................................ 874,068 874,068 

027 GROUND BASED MIDCOURSE ...................................................... 409,000 409,000 

028 ADVANCE PROCUREMENT (CY) ............................................... 115,000 115,000 

029 AEGIS BMD ........................................................................................ 593,488 593,488 

030 ADVANCE PROCUREMENT (CY) ............................................... 115,206 115,206 

031 BMDS AN/TPY–2 RADARS ............................................................... 13,185 13,185 

032 ISRAELI PROGRAMS ....................................................................... 80,000 80,000 

033 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ....... 50,000 50,000 

034 AEGIS ASHORE PHASE III ............................................................. 15,000 15,000 

035 IRON DOME ....................................................................................... 70,000 70,000 

036 AEGIS BMD HARDWARE AND SOFTWARE ................................ 97,057 97,057 

MAJOR EQUIPMENT, DHRA 

003 PERSONNEL ADMINISTRATION ................................................... 10,630 10,630 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 

AGENCY 

023 VEHICLES .......................................................................................... 207 207 

024 OTHER MAJOR EQUIPMENT ......................................................... 5,592 5,592 

MAJOR EQUIPMENT, DODEA 

020 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 1,723 1,723 

MAJOR EQUIPMENT, DCMA 

002 MAJOR EQUIPMENT ....................................................................... 3,873 3,873 

MAJOR EQUIPMENT, DMACT 

019 MAJOR EQUIPMENT ....................................................................... 13,106 13,106 

CLASSIFIED PROGRAMS 

046A CLASSIFIED PROGRAMS ................................................................ 589,691 589,691 

AVIATION PROGRAMS 

050 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 148,351 148,351 

051 UNMANNED ISR ............................................................................... 57,708 57,708 

052 NON-STANDARD AVIATION ........................................................... 18,731 18,731 

053 U–28 ..................................................................................................... 32,301 32,301 

054 MH–47 CHINOOK .............................................................................. 131,033 131,033 

055 CV–22 MODIFICATION .................................................................... 32,529 32,529 

056 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 24,621 24,621 

057 PRECISION STRIKE PACKAGE ..................................................... 226,965 226,965 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2348 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

058 AC/MC–130J ....................................................................................... 165,813 160,813 

Program decrease ........................................................................ [–5,000 ] 

059 C–130 MODIFICATIONS .................................................................. 80,274 80,274 

SHIPBUILDING 

060 UNDERWATER SYSTEMS ............................................................... 136,723 136,723 

AMMUNITION PROGRAMS 

061 ORDNANCE ITEMS <$5M ................................................................ 357,742 357,742 

OTHER PROCUREMENT PROGRAMS 

062 INTELLIGENCE SYSTEMS ............................................................. 85,699 85,699 

063 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 17,863 17,863 

064 OTHER ITEMS <$5M ........................................................................ 112,117 112,117 

065 COMBATANT CRAFT SYSTEMS .................................................... 7,313 7,313 

066 SPECIAL PROGRAMS ....................................................................... 14,026 14,026 

067 TACTICAL VEHICLES ...................................................................... 88,608 85,608 

Non-standard vehicles program decrease .................................. [–3,000 ] 

068 WARRIOR SYSTEMS <$5M .............................................................. 438,590 428,390 

Link 16 handheld radios for USSOCOM ................................... [12,800 ] 

SAT Deployable Node .................................................................. [–23,000 ] 

069 COMBAT MISSION REQUIREMENTS ........................................... 19,408 19,408 

070 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................... 6,281 6,281 

071 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 18,509 18,509 

073 OPERATIONAL ENHANCEMENTS ................................................ 367,433 367,433 

CBDP 

074 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ........... 166,418 166,418 

075 CB PROTECTION & HAZARD MITIGATION ................................ 144,519 144,519 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 6,786,271 6,761,331 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 100,025 0 

Program decrease ........................................................................ [–100,025 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS 

FUND.

100,025 0 

TOTAL PROCUREMENT .................................................... 130,526,043 132,278,377 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

003 MQ–1 UAV .......................................................................................... 60,000 60,000 

ROTARY 

011 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 21,246 21,246 

014 CH–47 HELICOPTER ........................................................................ 25,000 25,000 

MODIFICATION OF AIRCRAFT 

017 MQ–1 PAYLOAD (MIP) ..................................................................... 11,400 11,400 

019 GRAY EAGLE MODS2 ...................................................................... 32,000 32,000 

020 MULTI SENSOR ABN RECON (MIP) ............................................. 51,000 51,000 

032 RQ–7 UAV MODS .............................................................................. 50,868 50,868 

033 UAS MODS ......................................................................................... 3,402 3,402 

GROUND SUPPORT AVIONICS 

036 CMWS .................................................................................................. 84,387 84,387 

037 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 24,060 24,060 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 363,363 363,363 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

002 MSE MISSILE .................................................................................... 260,000 260,000 

AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY ............................................................. 255,040 255,040 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2349 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

ANTI-TANK/ASSAULT MISSILE SYS 

008 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 31,120 31,120 

011 GUIDED MLRS ROCKET (GMLRS) ................................................ 624,500 624,500 

013 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 171,138 171,138 

014 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ..... 112,973 112,973 

MODIFICATIONS 

016 ATACMS MODS ................................................................................. 225,580 225,580 

021 MLRS MODS ...................................................................................... 122,000 122,000 

TOTAL MISSILE PROCUREMENT, ARMY .................... 1,802,351 1,802,351 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 BRADLEY PROGRAM ....................................................................... 205,000 205,000 

002 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 230,359 230,359 

MODIFICATION OF TRACKED COMBAT VEHICLES 

006 BRADLEY PROGRAM (MOD) .......................................................... 50,000 50,000 

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 67,000 67,000 

009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 42,354 42,354 

014 M1 ABRAMS TANK (MOD) .............................................................. 34,000 34,000 

015 ABRAMS UPGRADE PROGRAM ..................................................... 455,000 455,000 

WEAPONS & OTHER COMBAT VEHICLES 

018 M240 MEDIUM MACHINE GUN (7.62MM) ................................... 126 126 

022 MORTAR SYSTEMS .......................................................................... 11,842 11,842 

025 CARBINE ............................................................................................ 1,800 1,800 

027 COMMON REMOTELY OPERATED WEAPONS STATION ......... 3,378 3,378 

MOD OF WEAPONS AND OTHER COMBAT VEH 

032 M2 50 CAL MACHINE GUN MODS ................................................ 4,920 4,920 

034 M240 MEDIUM MACHINE GUN MODS ........................................ 7 7 

SUPPORT EQUIPMENT & FACILITIES 

039 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 1,397 1,397 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 1,107,183 1,107,183 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................... 3,392 3,392 

002 CTG, 7.62MM, ALL TYPES ............................................................... 40 40 

003 CTG, HANDGUN, ALL TYPES ......................................................... 17 17 

004 CTG, .50 CAL, ALL TYPES ............................................................... 189 189 

005 CTG, 20MM, ALL TYPES .................................................................. 1,605 1,605 

007 CTG, 30MM, ALL TYPES .................................................................. 25,000 25,000 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .......................................................... 218 218 

010 81MM MORTAR, ALL TYPES .......................................................... 484 484 

ARTILLERY AMMUNITION 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 79,400 79,400 

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 72,985 72,985 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 63,900 63,900 

ROCKETS 

018 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 22,242 22,242 

019 ROCKET, HYDRA 70, ALL TYPES .................................................. 39,974 39,974 

OTHER AMMUNITION 

021 DEMOLITION MUNITIONS, ALL TYPES ...................................... 5 5 

022 GRENADES, ALL TYPES ................................................................. 8 8 

MISCELLANEOUS 

027 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 66 66 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 309,525 309,525 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 SEMITRAILERS, FLATBED: ............................................................ 8,000 8,000 

003 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 ........................................ 20,770 20,770 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 115,400 115,400 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 6,682 6,682 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 50,000 50,000 

014 MODIFICATION OF IN SVC EQUIP .............................................. 186,377 186,377 

COMM—SATELLITE COMMUNICATIONS 

028 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.7,100 7,100 


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132 STAT. 2350 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

COMM—COMBAT COMMUNICATIONS 

037 JOINT TACTICAL RADIO SYSTEM ................................................ 1,560 1,560 

042 TRACTOR RIDE ................................................................................. 13,190 13,190 

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 9,549 9,549 

047 COTS COMMUNICATIONS EQUIPMENT ..................................... 22,000 22,000 

COMM—INTELLIGENCE COMM 

050 CI AUTOMATION ARCHITECTURE (MIP) ................................... 9,800 9,800 

INFORMATION SECURITY 

055 COMMUNICATIONS SECURITY (COMSEC) ................................ 3 3 

COMM—LONG HAUL COMMUNICATIONS 

059 BASE SUPPORT COMMUNICATIONS ........................................... 690 690 

COMM—BASE COMMUNICATIONS 

060 INFORMATION SYSTEMS ............................................................... 8,750 8,750 

063 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 60,337 60,337 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

068 DCGS-A (MIP) .................................................................................... 37,806 37,806 

070 TROJAN (MIP) ................................................................................... 6,926 6,926 

071 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 2,011 2,011 

075 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............ 5,370 5,370 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

080 CREW .................................................................................................. 42,651 42,651 

081 FAMILY OF PERSISTENT SURVEILLANCE CAP. (MIP) ........... 20,050 20,050 

082 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 12,974 12,974 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

085 NIGHT VISION DEVICES ................................................................ 463 463 

086 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM 2,861 2,861 

087 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 60 60 

088 RADIATION MONITORING SYSTEMS .......................................... 11 11 

090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 251,062 251,062 

091 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 525 525 

094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 26,146 26,146 

096 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 4,050 4,050 

097 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 960 960 

098 MORTAR FIRE CONTROL SYSTEM .............................................. 7,660 7,660 

099 COUNTERFIRE RADARS ................................................................. 165,200 165,200 

ELECT EQUIP—AUTOMATION 

112 AUTOMATED DATA PROCESSING EQUIP .................................. 28,475 28,475 

CHEMICAL DEFENSIVE EQUIPMENT 

121 PROTECTIVE SYSTEMS .................................................................. 27 27 

122 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 20,200 20,200 

123 BASE DEFENSE SYSTEMS (BDS) .................................................. 39,200 39,200 

124 CBRN DEFENSE ............................................................................... 2,317 2,317 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

129 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .......... 16,000 16,000 

130 AREA MINE DETECTION SYSTEM (AMDS) ................................ 1 1 

132 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 4,850 4,850 

136 REMOTE DEMOLITION SYSTEMS ................................................ 1 1 

COMBAT SERVICE SUPPORT EQUIPMENT 

139 HEATERS AND ECU’S ...................................................................... 270 270 

141 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 4,300 4,300 

142 GROUND SOLDIER SYSTEM .......................................................... 1,725 1,725 

144 FORCE PROVIDER ........................................................................... 55,800 55,800 

145 FIELD FEEDING EQUIPMENT ...................................................... 1,035 1,035 

146 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 1,980 1,980 

MEDICAL EQUIPMENT 

151 COMBAT SUPPORT MEDICAL ....................................................... 17,527 17,527 

MAINTENANCE EQUIPMENT 

153 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................ 268 268 

CONSTRUCTION EQUIPMENT 

159 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 25,700 25,700 

GENERATORS 

165 GENERATORS AND ASSOCIATED EQUIP ................................... 569 569 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

174 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 9,495 9,495 

OTHER SUPPORT EQUIPMENT 

176 M25 STABILIZED BINOCULAR ...................................................... 33 33 

177 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 18,000 18,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2351 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

178 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 6,000 6,000 

179 BASE LEVEL COMMON EQUIPMENT .......................................... 2,080 2,080 

180 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 19,200 19,200 

TOTAL OTHER PROCUREMENT, ARMY ...................... 1,382,047 1,382,047 

AIRCRAFT PROCUREMENT, NAVY 

OTHER AIRCRAFT 

025 STUASL0 UAV ................................................................................... 35,065 35,065 

MODIFICATION OF AIRCRAFT 

032 SH–60 SERIES ................................................................................... 4,858 4,858 

034 EP–3 SERIES ...................................................................................... 5,380 5,380 

044 SPECIAL PROJECT AIRCRAFT ...................................................... 2,165 2,165 

049 COMMON ECM EQUIPMENT ......................................................... 9,820 9,820 

051 COMMON DEFENSIVE WEAPON SYSTEM ................................. 3,206 3,206 

061 QRC ..................................................................................................... 2,410 2,410 

063 RQ–21 SERIES ................................................................................... 17,215 17,215 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 80,119 80,119 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

004 AMRAAM ............................................................................................ 1,183 1,183 

005 SIDEWINDER .................................................................................... 381 381 

012 HELLFIRE .......................................................................................... 1,530 1,530 

015 AERIAL TARGETS ............................................................................ 6,500 6,500 

GUNS AND GUN MOUNTS 

035 SMALL ARMS AND WEAPONS ....................................................... 1,540 1,540 

MODIFICATION OF GUNS AND GUN MOUNTS 

038 GUN MOUNT MODS ......................................................................... 3,000 3,000 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 14,134 14,134 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 62,530 62,530 

002 JDAM ................................................................................................... 93,019 93,019 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 2,163 2,163 

004 MACHINE GUN AMMUNITION ...................................................... 5,000 5,000 

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 5,334 5,334 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 36,580 36,580 

008 JATOS ................................................................................................. 747 747 

011 OTHER SHIP GUN AMMUNITION ................................................ 2,538 2,538 

013 PYROTECHNIC AND DEMOLITION .............................................. 1,807 1,807 

015 AMMUNITION LESS THAN $5 MILLION ..................................... 2,229 229 

Excess balances ........................................................................... [–2,000 ] 

MARINE CORPS AMMUNITION 

019 MORTARS ........................................................................................... 2,018 2,018 

021 DIRECT SUPPORT MUNITIONS .................................................... 632 632 

022 INFANTRY WEAPONS AMMUNITION .......................................... 779 779 

026 COMBAT SUPPORT MUNITIONS .................................................. 164 164 

029 ARTILLERY MUNITIONS ................................................................ 31,001 31,001 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 246,541 244,541 

OTHER PROCUREMENT, NAVY 

OTHER SHIPBOARD EQUIPMENT 

021 UNDERWATER EOD PROGRAMS .................................................. 9,200 9,200 

SMALL BOATS 

028 STANDARD BOATS ........................................................................... 19,060 19,060 

ASW ELECTRONIC EQUIPMENT 

043 FIXED SURVEILLANCE SYSTEM .................................................. 56,950 56,950 

SATELLITE COMMUNICATIONS 

077 SATELLITE COMMUNICATIONS SYSTEMS ................................ 3,200 3,200 

CRYPTOLOGIC EQUIPMENT 

082 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 2,000 2,000 

SONOBUOYS 

088 SONOBUOYS—ALL TYPES ............................................................. 21,156 21,156 

OTHER ORDNANCE SUPPORT EQUIPMENT 

104 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 33,580 30,580 

JCREW CUAS unit cost growth ................................................. [–3,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2352 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

108 PASSENGER CARRYING VEHICLES ............................................ 170 170 

109 GENERAL PURPOSE TRUCKS ....................................................... 400 400 

111 FIRE FIGHTING EQUIPMENT ....................................................... 770 770 

112 TACTICAL VEHICLES ...................................................................... 7,298 7,298 

SUPPLY SUPPORT EQUIPMENT 

118 FIRST DESTINATION TRANSPORTATION .................................. 500 500 

COMMAND SUPPORT EQUIPMENT 

123 MEDICAL SUPPORT EQUIPMENT ................................................ 6,500 6,500 

128 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 2,200 2,200 

129 PHYSICAL SECURITY EQUIPMENT ............................................. 19,389 19,389 

CLASSIFIED PROGRAMS 

133A CLASSIFIED PROGRAMS ................................................................ 4,800 4,800 

TOTAL OTHER PROCUREMENT, NAVY ....................... 187,173 184,173 

PROCUREMENT, MARINE CORPS 

INTELL/COMM EQUIPMENT (NON-TEL) 

022 FIRE SUPPORT SYSTEM ................................................................. 5,583 5,583 

TACTICAL VEHICLES 

037 MOTOR TRANSPORT MODIFICATIONS ....................................... 44,440 44,440 

ENGINEER AND OTHER EQUIPMENT 

045 EOD SYSTEMS .................................................................................. 8,000 8,000 

TOTAL PROCUREMENT, MARINE CORPS .................. 58,023 58,023 

AIRCRAFT PROCUREMENT, AIR FORCE 

OTHER AIRLIFT 

006 HC–130J .............................................................................................. 100,000 100,000 

OTHER AIRCRAFT 

017 MQ–9 ................................................................................................... 339,740 265,700 

Excess attrition aircraft .............................................................. [–74,040 ] 

018 RQ–20B PUMA ................................................................................... 13,500 13,500 

STRATEGIC AIRCRAFT 

020 B–1B .................................................................................................... 4,000 4,000 

022 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 149,778 149,778 

TACTICAL AIRCRAFT 

023 A–10 ..................................................................................................... 10,350 10,350 

OTHER AIRCRAFT 

045 U–2 MODS .......................................................................................... 7,900 7,900 

054 COMPASS CALL MODS .................................................................... 36,400 36,400 

059 E–8 ....................................................................................................... 13,000 13,000 

063 H–60 ..................................................................................................... 40,560 40,560 

065 HC/MC–130 MODIFICATIONS ........................................................ 87,900 87,900 

066 OTHER AIRCRAFT ............................................................................ 53,731 53,731 

068 MQ–9 UAS PAYLOADS ..................................................................... 16,000 16,000 

AIRCRAFT SPARES AND REPAIR PARTS 

070 INITIAL SPARES/REPAIR PARTS .................................................. 91,500 91,500 

COMMON SUPPORT EQUIPMENT 

071 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 32,529 32,529 

072 OTHER PRODUCTION CHARGES .................................................. 22,000 22,000 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 1,018,888 944,848 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

002 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 61,600 61,600 

005 AMRAAM ............................................................................................ 2,600 2,600 

006 PREDATOR HELLFIRE MISSILE ................................................... 255,000 255,000 

007 SMALL DIAMETER BOMB .............................................................. 140,724 140,724 

CLASS IV 

013 AGM–65D MAVERICK ...................................................................... 33,602 33,602 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 493,526 493,526 

PROCUREMENT OF AMMUNITION, AIR FORCE 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 29,587 29,587 

BOMBS 

004 GENERAL PURPOSE BOMBS ......................................................... 551,862 551,862 

006 JOINT DIRECT ATTACK MUNITION ............................................ 738,451 738,451 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2353 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

FLARES 

015 FLARES ............................................................................................... 12,116 12,116 

FUZES 

016 FUZES ................................................................................................. 81,000 81,000 

SMALL ARMS 

017 SMALL ARMS .................................................................................... 8,500 8,500 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

1,421,516 1,421,516 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 9,680 9,680 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 9,680 9,680 

004 CARGO AND UTILITY VEHICLES ................................................. 19,680 19,680 

SPECIAL PURPOSE VEHICLES 

006 SECURITY AND TACTICAL VEHICLES ........................................ 24,880 24,880 

007 SPECIAL PURPOSE VEHICLES ..................................................... 34,680 34,680 

FIRE FIGHTING EQUIPMENT 

008 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 9,736 9,736 

MATERIALS HANDLING EQUIPMENT 

009 MATERIALS HANDLING VEHICLES ............................................ 24,680 24,680 

BASE MAINTENANCE SUPPORT 

010 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 9,680 9,680 

011 BASE MAINTENANCE SUPPORT VEHICLES ............................. 9,680 9,680 

INTELLIGENCE PROGRAMS 

015 INTELLIGENCE COMM EQUIPMENT .......................................... 6,156 6,156 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS .................................. 56,884 35,984 

D-RAPCON cost growth .............................................................. [–20,900 ] 

SPCL COMM-ELECTRONICS PROJECTS 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 46,236 46,236 

037 THEATER BATTLE MGT C2 SYSTEM ........................................... 2,500 2,500 

ORGANIZATION AND BASE 

045 TACTICAL C-E EQUIPMENT .......................................................... 27,911 27,911 

PERSONAL SAFETY & RESCUE EQUIP 

051 PERSONAL SAFETY AND RESCUE EQUIPMENT ...................... 13,600 13,600 

BASE SUPPORT EQUIPMENT 

053 BASE PROCURED EQUIPMENT .................................................... 28,800 28,800 

054 ENGINEERING AND EOD EQUIPMENT ...................................... 53,500 53,500 

055 MOBILITY EQUIPMENT .................................................................. 78,562 78,562 

056 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................ 28,055 28,055 

SPECIAL SUPPORT PROJECTS 

059 DCGS-AF ............................................................................................. 2,000 2,000 

CLASSIFIED PROGRAMS 

062 CLASSIFIED PROGRAMS ................................................................ 3,229,364 3,229,364 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 3,725,944 3,705,044 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

008 TELEPORT PROGRAM ..................................................................... 3,800 3,800 

017 DEFENSE INFORMATION SYSTEMS NETWORK ....................... 12,000 12,000 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 

AGENCY 

025 COUNTER IED & IMPROVISED THREAT TECHNOLOGIES .... 5,534 5,534 

CLASSIFIED PROGRAMS 

046A CLASSIFIED PROGRAMS ................................................................ 41,559 41,559 

AVIATION PROGRAMS 

047 MANNED ISR ..................................................................................... 5,000 5,000 

048 MC–12 .................................................................................................. 5,000 5,000 

049 MH–60 BLACKHAWK ....................................................................... 27,600 27,600 

051 UNMANNED ISR ............................................................................... 17,000 17,000 

052 NON-STANDARD AVIATION ........................................................... 13,000 13,000 

053 U–28 ..................................................................................................... 51,722 51,722 

054 MH–47 CHINOOK .............................................................................. 36,500 36,500 

AMMUNITION PROGRAMS 

061 ORDNANCE ITEMS <$5M ................................................................ 100,850 100,850 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2354 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

OTHER PROCUREMENT PROGRAMS 

062 INTELLIGENCE SYSTEMS ............................................................. 16,500 16,500 

064 OTHER ITEMS <$5M ........................................................................ 7,700 7,700 

067 TACTICAL VEHICLES ...................................................................... 59,891 59,891 

068 WARRIOR SYSTEMS <$5M .............................................................. 21,135 21,135 

069 COMBAT MISSION REQUIREMENTS ........................................... 10,000 10,000 

071 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 10,805 10,805 

073 OPERATIONAL ENHANCEMENTS ................................................ 126,539 126,539 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 572,135 572,135 

NATIONAL GUARD AND RESERVE EQUIPMENT 

UNDISTRIBUTED 

007 UNDISTRIBUTED ............................................................................. 225,000 

Program increase ......................................................................... [225,000 ] 

TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT.225,000 

TOTAL PROCUREMENT .................................................... 12,782,468 12,907,528 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH.11,585 11,585 

002 0601102A DEFENSE RESEARCH SCIENCES .................................. 276,912 289,412 

Basic research increase ................................................ [7,500 ] 

Quantum information sciences .................................... [5,000 ] 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ........................ 65,283 65,283 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 92,115 97,115 

Basic research program increase ................................ [5,000 ] 

SUBTOTAL BASIC RESEARCH ................................ 445,895 463,395 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ............................................ 28,600 29,600 

Conformal batteries and composite armor ................. [1,000 ] 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .......... 32,366 41,366 

Expand Army Research lab Open Campus project .... [4,000 ] 

Program increase .......................................................... [5,000 ] 

007 0602122A TRACTOR HIP .................................................................... 8,674 8,674 

008 0602126A TRACTOR JACK ................................................................. 400 400 

009 0602211A AVIATION TECHNOLOGY ................................................ 64,847 64,847 

010 0602270A ELECTRONIC WARFARE TECHNOLOGY ..................... 25,571 25,571 

011 0602303A MISSILE TECHNOLOGY ................................................... 50,183 50,183 

012 0602307A ADVANCED WEAPONS TECHNOLOGY ......................... 29,502 29,502 

013 0602308A ADVANCED CONCEPTS AND SIMULATION ................ 28,500 28,500 

014 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY.70,450 70,450 

015 0602618A BALLISTICS TECHNOLOGY ............................................ 75,541 75,541 

016 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 

TECHNOLOGY.

5,032 5,032 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2355 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

017 0602623A JOINT SERVICE SMALL ARMS PROGRAM .................. 12,394 12,394 

018 0602624A WEAPONS AND MUNITIONS TECHNOLOGY .............. 40,444 52,944 

Accelerate Army railgun development and prototyping.[10,000 ] 

Advanced warheads technology ................................... [2,500 ] 

019 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............. 58,283 58,283 

020 0602709A NIGHT VISION TECHNOLOGY ....................................... 29,582 29,582 

021 0602712A COUNTERMINE SYSTEMS .............................................. 21,244 21,244 

022 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY .... 24,131 26,631 

General program increase ............................................ [2,500 ] 

023 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY .............. 13,242 13,242 

024 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY.55,003 50,003 

General Program Reduction ........................................ [–5,000 ] 

025 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............. 14,958 14,958 

026 0602784A MILITARY ENGINEERING TECHNOLOGY ................... 78,159 78,159 

027 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 21,862 21,862 

028 0602786A WARFIGHTER TECHNOLOGY ........................................ 40,566 45,566 

Program increase .......................................................... [5,000 ] 

029 0602787A MEDICAL TECHNOLOGY ................................................. 90,075 90,075 

SUBTOTAL APPLIED RESEARCH .......................... 919,609 944,609 

ADVANCED TECHNOLOGY DEVELOPMENT 

030 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................. 39,338 39,338 

031 0603002A MEDICAL ADVANCED TECHNOLOGY .......................... 62,496 62,496 

032 0603003A AVIATION ADVANCED TECHNOLOGY ......................... 124,958 124,958 

033 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY.102,686 122,686 

Accelerate ERCA gun ................................................... [20,000 ] 

034 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 

TECHNOLOGY.

119,739 129,239 

Modular scalable powertrain ....................................... [2,500 ] 

Prototype Next Generation Combat Vehicle .............. [7,000 ] 

035 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY .... 13,000 13,000 

036 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.8,044 8,044 

037 0603009A TRACTOR HIKE ................................................................. 22,631 22,631 

038 0603015A NEXT GENERATION TRAINING & SIMULATION 

SYSTEMS.

25,682 25,682 

040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT.3,762 3,762 

041 0603130A TRACTOR NAIL .................................................................. 4,896 4,896 

042 0603131A TRACTOR EGGS ................................................................. 6,041 6,041 

043 0603270A ELECTRONIC WARFARE TECHNOLOGY ..................... 31,491 31,491 

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY 61,132 71,132 

Shoot-on-the-Move Technology Development for 

SHORAD platforms.

[10,000 ] 

045 0603322A TRACTOR CAGE ................................................................. 16,845 16,845 

046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.183,322 193,322 

Enhance and accelerate Army artificial intelligence 

and machine learning.

[5,000 ] 

Program increase .......................................................... [5,000 ] 

047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED 

TECHNOLOGY.

11,104 11,104 

048 0603607A JOINT SERVICE SMALL ARMS PROGRAM .................. 5,885 5,885 

049 0603710A NIGHT VISION ADVANCED TECHNOLOGY ................ 61,376 58,876 

Program decrease ......................................................... [–2,500 ] 

050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.9,136 9,136 

051 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY.25,864 32,864 

Minor MILCON ............................................................ [2,000 ] 

Program increase .......................................................... [5,000 ] 

052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND 

SENSOR TECHNOLOGY.

34,883 42,383 

PNT research ................................................................ [2,500 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2356 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

Program increase .......................................................... [5,000 ] 

053 0603794A C3 ADVANCED TECHNOLOGY ....................................... 52,387 47,387 

Program decrease ......................................................... [–5,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,026,698 1,083,198 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 10,777 10,777 

056 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.42,802 42,802 

057 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ..... 45,254 45,254 

058 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING 

SYS-ADV DEV.

22,700 22,700 

059 0603639A TANK AND MEDIUM CALIBER AMMUNITION ........... 41,974 53,974 

Army UFR: test and evaluation of the M999 155mm 

Anti-Personnel Improved Conventional Munition.

[12,000 ] 

060 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV ... 119,395 111,395 

Developmental testing early to need .......................... [–8,000 ] 

061 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................. 8,746 8,746 

062 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV.35,667 35,667 

063 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.7,350 7,350 

064 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/ 

VAL.

14,749 14,749 

065 0603790A NATO RESEARCH AND DEVELOPMENT ..................... 3,687 3,687 

066 0603801A AVIATION—ADV DEV ....................................................... 10,793 10,793 

067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV 

DEV.

14,248 14,248 

068 0603807A MEDICAL SYSTEMS—ADV DEV ..................................... 34,284 34,284 

069 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ... 18,044 28,044 

Advanced materials research for personal protective 

equipment (PPE).

[10,000 ] 

070 0604017A ROBOTICS DEVELOPMENT ............................................ 95,660 81,958 

RCV Phase 2 funding ahead of need .......................... [–13,702 ] 

071 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING.38,000 9,500 

Unjustified request ....................................................... [–28,500 ] 

072 0604100A ANALYSIS OF ALTERNATIVES ...................................... 9,765 9,765 

073 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS).12,393 12,393 

074 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR.120,374 109,359 

Contracting award planning early to need ................. [–2,515 ] 

Test funding ahead of need ......................................... [–8,500 ] 

075 0604115A TECHNOLOGY MATURATION INITIATIVES ............... 95,347 95,347 

076 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (MSHORAD).95,085 85,085 

Delayed new start effort .............................................. [–10,000 ] 

077 0604118A TRACTOR BEAM ................................................................ 52,894 52,894 

079 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING.77,939 77,939 

080 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2).51,030 51,030 

081 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE 

SUPPORT.

65,817 65,817 

082 1206120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT).146,300 146,300 

083 1206308A ARMY SPACE SYSTEMS INTEGRATION ....................... 38,319 38,319 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.1,329,393 1,280,176 

SYSTEM DEVELOPMENT & DEMONSTRATION 

084 0604201A AIRCRAFT AVIONICS ....................................................... 32,293 32,293 

085 0604270A ELECTRONIC WARFARE DEVELOPMENT ................... 78,699 72,950 

Funding excess to need ................................................ [–5,749 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2357 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

088 0604328A TRACTOR CAGE ................................................................. 17,050 17,050 

089 0604601A INFANTRY SUPPORT WEAPONS ................................... 83,155 83,155 

090 0604604A MEDIUM TACTICAL VEHICLES ..................................... 3,704 3,704 

091 0604611A JAVELIN .............................................................................. 10,623 5,623 

Schedule delays ............................................................ [–5,000 ] 

092 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................. 11,950 11,950 

093 0604633A AIR TRAFFIC CONTROL .................................................. 12,347 12,347 

095 0604642A LIGHT TACTICAL WHEELED VEHICLES ..................... 8,212 8,212 

096 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG 

DEV.

393,613 318,613 

Mobile Protected Firepower decrease ......................... [–75,000 ] 

097 0604710A NIGHT VISION SYSTEMS—ENG DEV ........................... 139,614 139,614 

098 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .. 4,507 4,507 

099 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .......... 49,436 44,436 

Historical underexecution ............................................ [–5,000 ] 

100 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.95,172 95,172 

101 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.22,628 22,628 

102 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ..... 13,297 13,297 

103 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS 

(DIS)—ENG DEV.

9,145 9,145 

104 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) ....... 9,894 6,894 

Prior year carryover ..................................................... [–3,000 ] 

105 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) 

CORE.

21,964 21,964 

106 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION.49,288 49,288 

107 0604802A WEAPONS AND MUNITIONS—ENG DEV ..................... 183,100 176,100 

Delayed new start efforts ............................................. [–7,000 ] 

108 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG 

DEV.

79,706 76,481 

Late MSV-L contract award and concurrency ........... [–3,225 ] 

109 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV.15,970 15,970 

110 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV.44,542 44,542 

111 0604808A LANDMINE WARFARE/BARRIER—ENG DEV .............. 50,817 45,117 

Prior year carryover ..................................................... [–5,700 ] 

112 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE.178,693 168,693 

Command post integrated infrastructure delayed 

new start.

[–10,000 ] 

113 0604820A RADAR DEVELOPMENT ................................................... 39,338 39,338 

114 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM 

(GFEBS).

37,851 37,851 

115 0604823A FIREFINDER ....................................................................... 45,473 45,473 

116 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................. 10,395 10,395 

117 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD.

69,204 55,804 

Program reduction ........................................................ [–13,400 ] 

118 0604854A ARTILLERY SYSTEMS—EMD .......................................... 1,781 1,781 

119 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ........ 113,758 80,376 

Prior year carryover ..................................................... [–33,382 ] 

120 0605018A INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPPS-A).166,603 166,603 

121 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ......... 118,239 118,239 

122 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE 

RESPONSE CAPABILITY (IGSSR-C).

3,211 3,211 

123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ........... 15,889 15,889 

124 0605031A JOINT TACTICAL NETWORK (JTN) ............................... 41,972 41,972 

125 0605032A TRACTOR TIRE .................................................................. 41,166 41,166 

126 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE 

SYSTEM—EXPEDITIONARY (GBOSS-E).

5,175 5,175 

127 0605034A TACTICAL SECURITY SYSTEM (TSS) ............................ 4,496 4,496 

128 0605035A COMMON INFRARED COUNTERMEASURES 

(CIRCM).

51,178 51,178 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2358 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

129 0605036A COMBATING WEAPONS OF MASS DESTRUCTION 

(CWMD).

11,311 11,311 

131 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE.17,154 17,154 

132 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ................ 36,626 36,626 

133 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 3,829 3,829 

134 0605047A CONTRACT WRITING SYSTEM ....................................... 41,928 41,928 

135 0605049A MISSILE WARNING SYSTEM MODERNIZATION 

(MWSM).

28,276 25,537 

Funding early to need .................................................. [–2,739 ] 

136 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............. 21,965 21,965 

137 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2— 

BLOCK 1.

157,710 145,710 

Developmental testing early to need .......................... [–12,000 ] 

138 0605053A GROUND ROBOTICS ......................................................... 86,167 84,141 

CRS-I contract delay .................................................... [–2,026 ] 

139 0605054A EMERGING TECHNOLOGY INITIATIVES .................... 42,866 68,266 

Army UFR: program increase ..................................... [25,400 ] 

140 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) .......... 15,984 15,984 

141 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ................... 11,773 11,773 

142 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE 

(AIAMD).

277,607 277,607 

143 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ....... 12,340 12,340 

144 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.

2,686 2,686 

145 0605830A AVIATION GROUND SUPPORT EQUIPMENT .............. 2,706 2,706 

147 0303032A TROJAN—RH12 .................................................................. 4,521 4,521 

150 0304270A ELECTRONIC WARFARE DEVELOPMENT ................... 8,922 8,922 

151 1205117A TRACTOR BEARS ............................................................... 23,170 23,170 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,192,689 3,034,868 

RDT&E MANAGEMENT SUPPORT 

152 0604256A THREAT SIMULATOR DEVELOPMENT ........................ 12,835 12,835 

153 0604258A TARGET SYSTEMS DEVELOPMENT ............................. 12,135 12,135 

154 0604759A MAJOR T&E INVESTMENT ............................................. 82,996 107,996 

Program increase .......................................................... [25,000 ] 

155 0605103A RAND ARROYO CENTER .................................................. 19,821 19,821 

156 0605301A ARMY KWAJALEIN ATOLL ............................................. 246,574 246,574 

157 0605326A CONCEPTS EXPERIMENTATION PROGRAM ............... 30,430 30,430 

159 0605601A ARMY TEST RANGES AND FACILITIES ....................... 305,759 320,759 

Increase to help manage directed energy workloads [15,000 ] 

160 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND 

TARGETS.

62,379 62,379 

161 0605604A SURVIVABILITY/LETHALITY ANALYSIS ...................... 40,496 40,496 

162 0605606A AIRCRAFT CERTIFICATION ............................................ 3,941 3,941 

163 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.

9,767 9,767 

164 0605706A MATERIEL SYSTEMS ANALYSIS ................................... 21,226 21,226 

165 0605709A EXPLOITATION OF FOREIGN ITEMS ........................... 13,026 13,026 

166 0605712A SUPPORT OF OPERATIONAL TESTING ....................... 52,718 52,718 

167 0605716A ARMY EVALUATION CENTER ........................................ 57,049 57,049 

168 0605718A ARMY MODELING & SIM X-CMD COLLABORATION 

& INTEG.

2,801 2,801 

169 0605801A PROGRAMWIDE ACTIVITIES .......................................... 60,942 60,942 

170 0605803A TECHNICAL INFORMATION ACTIVITIES .................... 29,050 29,050 

171 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS 

AND SAFETY.

42,332 42,332 

172 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 

SUPPORT.

3,216 3,216 

173 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - 

MHA.

54,145 54,145 

174 0606001A MILITARY GROUND-BASED CREW TECHNOLOGY ... 4,896 4,896 

175 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE 

TEST SITE.

63,011 63,011 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2359 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

176 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION.2,636 2,636 

177 0606942A ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

88,300 88,300 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 1,322,481 1,362,481 

OPERATIONAL SYSTEMS DEVELOPMENT 

181 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ............. 8,886 8,886 

182 0603813A TRACTOR PULL ................................................................. 4,067 4,067 

183 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ..................... 4,254 4,254 

184 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.16,022 16,022 

185 0607133A TRACTOR SMOKE ............................................................. 4,577 4,577 

186 0607134A LONG RANGE PRECISION FIRES (LRPF) ..................... 186,475 159,475 

Excess program growth ................................................ [–27,000 ] 

187 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM ........ 31,049 31,049 

188 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 35,240 35,240 

189 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ...... 157,822 155,103 

Program management support excess growth ........... [–2,719 ] 

190 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM 4,189 4,189 

191 0607139A IMPROVED TURBINE ENGINE PROGRAM .................. 192,637 192,637 

194 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT.60,860 47,860 

Research studies excess growth .................................. [–13,000 ] 

195 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 

PRODUCTS.

52,019 38,519 

Unjustified growth ........................................................ [–13,500 ] 

196 0607665A FAMILY OF BIOMETRICS ................................................ 2,400 2,400 

197 0607865A PATRIOT PRODUCT IMPROVEMENT ............................ 65,369 75,369 

Increase PATRIOT improvement efforts .................... [10,000 ] 

198 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ..... 1 1 

199 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).30,954 30,954 

200 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ....... 411,927 369,009 

Abrams ECP 1B schedule delay .................................. [–14,978 ] 

Bradley A5 ECP schedule delay .................................. [–12,221 ] 

Recovery vehicle improvement program delay ........... [–6,000 ] 

Stryker program management excess growth ............ [–9,719 ] 

202 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS.40,676 37,201 

Prior year carryover ..................................................... [–3,475 ] 

203 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.17,706 17,706 

204 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

146 146 

205 0203758A DIGITIZATION .................................................................... 6,316 6,316 

206 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 

PROGRAM.

1,643 1,643 

207 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS.4,947 4,947 

208 0203808A TRACTOR CARD ................................................................. 34,050 34,050 

210 0205410A MATERIALS HANDLING EQUIPMENT ......................... 1,464 1,464 

211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV.249 249 

212 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) 

SYSTEM.

79,283 78,798 

unjustified request ........................................................ [–485 ] 

213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM 

(GMLRS).

154,102 125,954 

Unjustified growth ........................................................ [–28,148 ] 

216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ............ 12,280 12,280 

217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ....... 68,533 68,533 

218 0303141A GLOBAL COMBAT SUPPORT SYSTEM .......................... 68,619 65,073 

Increment 2 contract award delay .............................. [–3,546 ] 

220 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM.2,034 2,034 

223 0305172A COMBINED ADVANCED APPLICATIONS ..................... 1,500 1,500 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2360 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

224 0305179A INTEGRATED BROADCAST SERVICE (IBS) ................. 450 450 

225 0305204A TACTICAL UNMANNED AERIAL VEHICLES ............... 6,000 6,000 

226 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .................. 12,416 12,416 

227 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.38,667 33,667 

Integration and testing unjustified growth ................ [–5,000 ] 

229 0305232A RQ–11 UAV .......................................................................... 6,180 6,180 

230 0305233A RQ–7 UAV ............................................................................ 12,863 12,863 

231 0307665A BIOMETRICS ENABLED INTELLIGENCE .................... 4,310 4,310 

233 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.53,958 53,958 

234 1203142A SATCOM GROUND ENVIRONMENT (SPACE) .............. 12,119 12,119 

235 1208053A JOINT TACTICAL GROUND SYSTEM ............................ 7,400 7,400 

235A 9999999999 CLASSIFIED PROGRAMS ................................................. 5,955 5,955 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.1,922,614 1,792,823 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, ARMY.

10,159,379 9,961,550 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ........................ 119,433 134,433 

Basic research program increase ................................ [5,000 ] 

Defense University Research Instrumentation Program.[10,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH.19,237 19,237 

003 0601153N DEFENSE RESEARCH SCIENCES .................................. 458,708 468,708 

Basic research program increase ................................ [5,000 ] 

Quantum information sciences .................................... [5,000 ] 

SUBTOTAL BASIC RESEARCH ................................ 597,378 622,378 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ............... 14,643 17,143 

Directed energy ............................................................. [2,500 ] 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ............... 124,049 124,049 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .... 59,607 59,607 

007 0602235N COMMON PICTURE APPLIED RESEARCH .................. 36,348 36,348 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 56,197 54,717 

ONR global growth ....................................................... [–1,480 ] 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH.83,800 83,800 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED 

RESEARCH.

42,998 42,998 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.6,349 6,349 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............. 58,049 78,049 

Academic partnerships for undersea unmanned warfare research and energy technology.[20,000 ] 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.147,771 147,771 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED 

RESEARCH.

37,545 37,545 

015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED 

RESEARCH.

159,697 159,697 

016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR 

FIELD ACTIVITIES.

64,418 64,418 

SUBTOTAL APPLIED RESEARCH .......................... 891,471 912,491 

ADVANCED TECHNOLOGY DEVELOPMENT 

019 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ..... 2,423 2,423 

021 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD).150,245 146,046 

Unjustified growth ........................................................ [–4,199 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2361 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

022 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.13,313 13,313 

023 0603671N NAVY ADVANCED TECHNOLOGY DEVELOPMENT 

(ATD).

131,502 155,002 

Program increase-one sensor plus integration ........... [23,500 ] 

024 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT.232,996 232,996 

025 0603680N MANUFACTURING TECHNOLOGY PROGRAM ........... 58,657 58,657 

030 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.161,859 181,859 

Accelerate Navy railgun development and prototyping.[20,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.750,995 790,296 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

031 0603207N AIR/OCEAN TACTICAL APPLICATIONS ........................ 29,747 29,747 

032 0603216N AVIATION SURVIVABILITY ............................................. 7,050 7,050 

033 0603251N AIRCRAFT SYSTEMS ........................................................ 793 793 

034 0603254N ASW SYSTEMS DEVELOPMENT .................................... 7,058 7,058 

035 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................. 3,540 3,540 

036 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ........ 59,741 59,741 

037 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.62,727 60,727 

Barracuda EDMs ahead of PDR and CDR ................. [–2,000 ] 

038 0603506N SURFACE SHIP TORPEDO DEFENSE ........................... 8,570 8,570 

039 0603512N CARRIER SYSTEMS DEVELOPMENT ............................ 5,440 5,440 

040 0603525N PILOT FISH ......................................................................... 162,222 162,222 

041 0603527N RETRACT LARCH .............................................................. 11,745 11,745 

042 0603536N RETRACT JUNIPER ........................................................... 114,265 114,265 

043 0603542N RADIOLOGICAL CONTROL ............................................. 740 740 

044 0603553N SURFACE ASW ................................................................... 1,122 1,122 

045 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 109,086 96,086 

Prior year inefficiencies impact ................................... [–13,000 ] 

046 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ............ 9,374 9,374 

047 0603563N SHIP CONCEPT ADVANCED DESIGN ........................... 89,419 107,419 

CHAMP acceleration .................................................... [18,000 ] 

048 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES.13,348 13,348 

049 0603570N ADVANCED NUCLEAR POWER SYSTEMS ................... 256,137 256,137 

050 0603573N ADVANCED SURFACE MACHINERY SYSTEMS .......... 22,109 22,109 

051 0603576N CHALK EAGLE ................................................................... 29,744 29,744 

052 0603581N LITTORAL COMBAT SHIP (LCS) ..................................... 27,997 27,997 

053 0603582N COMBAT SYSTEM INTEGRATION ................................. 16,351 16,351 

054 0603595N OHIO REPLACEMENT ...................................................... 514,846 526,846 

Advanced Submarines Control and Precision Propulsion Module Integration.[12,000 ] 

055 0603596N LCS MISSION MODULES ................................................. 103,633 103,633 

056 0603597N AUTOMATED TEST AND ANALYSIS ............................. 7,931 7,931 

057 0603599N FRIGATE DEVELOPMENT ............................................... 134,772 134,772 

058 0603609N CONVENTIONAL MUNITIONS ........................................ 9,307 9,307 

060 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM.1,828 1,828 

061 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.43,148 43,148 

062 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.5,915 5,915 

063 0603721N ENVIRONMENTAL PROTECTION .................................. 19,811 19,811 

064 0603724N NAVY ENERGY PROGRAM .............................................. 25,656 25,656 

065 0603725N FACILITIES IMPROVEMENT .......................................... 5,301 5,301 

066 0603734N CHALK CORAL ................................................................... 267,985 267,985 

067 0603739N NAVY LOGISTIC PRODUCTIVITY .................................. 4,059 4,059 

068 0603746N RETRACT MAPLE .............................................................. 377,878 377,878 

069 0603748N LINK PLUMERIA ............................................................... 381,770 381,770 

070 0603751N RETRACT ELM ................................................................... 60,535 60,535 

073 0603790N NATO RESEARCH AND DEVELOPMENT ..................... 9,652 9,652 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2362 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

074 0603795N LAND ATTACK TECHNOLOGY ....................................... 15,529 15,529 

075 0603851M JOINT NON-LETHAL WEAPONS TESTING .................. 27,581 27,581 

076 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL.101,566 101,566 

077 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS.223,344 142,412 

Program decrease ......................................................... [–80,932 ] 

078 0604014N F/A–18 INFRARED SEARCH AND TRACK (IRST) ........ 108,700 108,700 

079 0604027N DIGITAL WARFARE OFFICE ........................................... 26,691 26,691 

080 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES.16,717 16,717 

081 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES.30,187 30,187 

082 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND 

DEMONSTRATION..

48,796 48,796 

083 0604031N LARGE UNMANNED UNDERSEA VEHICLES .............. 92,613 71,413 

Excessive Snakehead LDUUV growth ........................ [–21,200 ] 

084 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78–80).58,121 58,121 

086 0604126N LITTORAL AIRBORNE MCM ........................................... 17,622 17,622 

087 0604127N SURFACE MINE COUNTERMEASURES ........................ 18,154 18,154 

088 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).47,278 47,278 

090 0604289M NEXT GENERATION LOGISTICS ................................... 11,081 11,081 

092 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE ...... 7,107 7,107 

093 0604454N LX (R) ................................................................................... 5,549 5,549 

094 0604536N ADVANCED UNDERSEA PROTOTYPING ...................... 87,669 87,669 

095 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT 

PROGRAM.

132,818 119,918 

Project 3378 schedule delays ....................................... [–12,900 ] 

096 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.7,230 7,230 

097 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON 

DEVELOPMENT.

143,062 143,062 

099 0303354N ASW SYSTEMS DEVELOPMENT—MIP .......................... 8,889 8,889 

100 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM.25,291 11,291 

Unjustified cost growth ................................................ [–14,000 ] 

101 0304240N ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM.9,300 9,300 

102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ........ 466 466 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,293,713 4,179,681 

SYSTEM DEVELOPMENT & DEMONSTRATION 

103 0603208N TRAINING SYSTEM AIRCRAFT ...................................... 12,798 12,798 

104 0604212N OTHER HELO DEVELOPMENT ...................................... 32,128 32,128 

105 0604214M AV–8B AIRCRAFT—ENG DEV ......................................... 46,363 42,363 

Lacks operational justification/need ........................... [–4,000 ] 

107 0604215N STANDARDS DEVELOPMENT ......................................... 3,771 3,771 

108 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.16,611 16,611 

109 0604218N AIR/OCEAN EQUIPMENT ENGINEERING .................... 17,368 17,368 

110 0604221N P–3 MODERNIZATION PROGRAM .................................. 2,134 2,134 

111 0604230N WARFARE SUPPORT SYSTEM ........................................ 9,729 9,729 

112 0604231N TACTICAL COMMAND SYSTEM ..................................... 57,688 57,688 

113 0604234N ADVANCED HAWKEYE .................................................... 223,565 213,565 

excess carryover ............................................................ [–10,000 ] 

114 0604245M H–1 UPGRADES ................................................................. 58,097 58,097 

116 0604261N ACOUSTIC SEARCH SENSORS ....................................... 42,485 42,485 

117 0604262N V–22A ................................................................................... 143,079 143,079 

118 0604264N AIR CREW SYSTEMS DEVELOPMENT .......................... 20,980 30,980 

Increase to advance aircrew physiological monitoring.[10,000 ] 

119 0604269N EA–18 ................................................................................... 147,419 242,719 

UPL—EA–18G Advanced Modes / Cognitive EW ...... [95,300 ] 

120 0604270N ELECTRONIC WARFARE DEVELOPMENT ................... 89,824 121,424 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2363 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

Navy UFR: EA–18G offensive airborne electronic attack special mission pods.[31,600 ] 

121 0604273M EXECUTIVE HELO DEVELOPMENT ............................. 245,064 245,064 

123 0604274N NEXT GENERATION JAMMER (NGJ) ............................ 459,529 459,529 

124 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).3,272 3,272 

125 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 115,253 109,479 

Engineering previously funded .................................... [–5,774 ] 

126 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.397,403 387,103 

ACB 20 unexecutable growth ...................................... [–10,300 ] 

127 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .................... 939 939 

128 0604329N SMALL DIAMETER BOMB (SDB) .................................... 104,448 104,448 

129 0604366N STANDARD MISSILE IMPROVEMENTS ........................ 165,881 180,881 

XFU electronics unit integration ................................. [15,000 ] 

130 0604373N AIRBORNE MCM ................................................................ 10,831 10,831 

131 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER 

AIR SYSTEMS ENGINEERING.

33,429 33,429 

132 0604501N ADVANCED ABOVE WATER SENSORS ......................... 35,635 35,635 

133 0604503N SSN–688 AND TRIDENT MODERNIZATION ................. 126,932 126,932 

134 0604504N AIR CONTROL .................................................................... 62,448 62,448 

135 0604512N SHIPBOARD AVIATION SYSTEMS ................................. 9,710 9,710 

136 0604518N COMBAT INFORMATION CENTER CONVERSION ..... 19,303 19,303 

137 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM.27,059 27,059 

138 0604530N ADVANCED ARRESTING GEAR (AAG) .......................... 184,106 184,106 

139 0604558N NEW DESIGN SSN ............................................................. 148,233 148,233 

140 0604562N SUBMARINE TACTICAL WARFARE SYSTEM .............. 60,824 60,824 

141 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ................. 60,062 66,062 

Planning to support FY21 award of LHA–9 ............... [6,000 ] 

142 0604574N NAVY TACTICAL COMPUTER RESOURCES ................ 4,642 4,642 

144 0604601N MINE DEVELOPMENT ..................................................... 25,756 25,756 

145 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ................ 95,147 63,147 

Project 3418 post-system design and engineering 

funds early to need.

[–32,000 ] 

146 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.7,107 7,107 

147 0604703N PERSONNEL, TRAINING, SIMULATION, AND 

HUMAN FACTORS.

6,539 6,539 

148 0604727N JOINT STANDOFF WEAPON SYSTEMS ........................ 441 441 

149 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ............ 180,391 180,391 

150 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ............ 178,538 178,538 

151 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 120,507 120,507 

152 0604761N INTELLIGENCE ENGINEERING .................................... 29,715 29,715 

153 0604771N MEDICAL DEVELOPMENT .............................................. 8,095 8,095 

154 0604777N NAVIGATION/ID SYSTEM ................................................ 121,026 121,026 

155 0604800M JOINT STRIKE FIGHTER (JSF)—EMD .......................... 66,566 66,566 

156 0604800N JOINT STRIKE FIGHTER (JSF)—EMD .......................... 65,494 65,494 

159 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ........ 14,005 14,005 

160 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ........ 268,567 208,567 

General reduction ......................................................... [–60,000 ] 

161 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ..................... 5,618 5,618 

162 0605212M CH–53K RDTE ..................................................................... 326,945 326,945 

164 0605215N MISSION PLANNING ........................................................ 32,714 32,714 

165 0605217N COMMON AVIONICS ......................................................... 51,486 51,486 

166 0605220N SHIP TO SHORE CONNECTOR (SSC) ............................ 1,444 1,444 

167 0605327N T-AO 205 CLASS ................................................................. 1,298 1,298 

168 0605414N UNMANNED CARRIER AVIATION (UCA) ..................... 718,942 602,042 

Insufficient Air Vehicle budget justification .............. [–116,900 ] 

169 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ................... 6,759 11,759 

JAGM-F for USN and USMC ...................................... [5,000 ] 

171 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) .......... 37,296 37,296 

172 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 160,389 160,389 

173 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION.98,223 76,124 

Project 0026 excess concurrency ................................. [–22,099 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2364 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

174 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM 

DEVELOPMENT & DEMONSTRATION.

2,260 2,260 

175 0204202N DDG–1000 ............................................................................ 161,264 151,964 

Testing early to need .................................................... [–9,300 ] 

180 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ............................ 44,098 44,098 

182 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.6,808 6,808 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,042,480 5,935,007 

MANAGEMENT SUPPORT 

183 0604256N THREAT SIMULATOR DEVELOPMENT ........................ 94,576 94,576 

184 0604258N TARGET SYSTEMS DEVELOPMENT ............................. 10,981 10,981 

185 0604759N MAJOR T&E INVESTMENT ............................................. 77,014 83,014 

Program increase .......................................................... [6,000 ] 

186 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION.48 48 

187 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ............... 3,942 3,942 

188 0605154N CENTER FOR NAVAL ANALYSES .................................. 48,797 48,797 

189 0605285N NEXT GENERATION FIGHTER ....................................... 5,000 5,000 

191 0605804N TECHNICAL INFORMATION SERVICES ....................... 1,029 1,029 

192 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL 

SUPPORT.

87,565 87,565 

193 0605856N STRATEGIC TECHNICAL SUPPORT .............................. 4,231 4,231 

194 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT.1,072 1,072 

195 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...................... 97,471 97,471 

196 0605864N TEST AND EVALUATION SUPPORT .............................. 373,834 373,834 

197 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY.21,554 21,554 

198 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) 

SUPPORT.

16,227 16,227 

200 0605873M MARINE CORPS PROGRAM WIDE SUPPORT .............. 24,303 24,303 

201 0605898N MANAGEMENT HQ—R&D ............................................... 43,262 43,262 

202 0606355N WARFARE INNOVATION MANAGEMENT .................... 41,918 41,918 

203 0606942M ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

7,000 7,000 

204 0606942N ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

48,800 48,800 

205 0305327N INSIDER THREAT .............................................................. 1,682 1,682 

206 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL 

SUPPORT ACTIVITIES).

1,579 1,579 

208 1206867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,684 8,684 

SUBTOTAL MANAGEMENT SUPPORT .................. 1,020,569 1,026,569 

OPERATIONAL SYSTEMS DEVELOPMENT 

210 0604227N HARPOON MODIFICATIONS ........................................... 5,426 5,426 

211 0604840M F–35 C2D2 ............................................................................ 259,122 259,122 

212 0604840N F–35 C2D2 ............................................................................ 252,360 252,360 

213 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ... 130,515 128,815 

Excess cost growth ....................................................... [–1,700 ] 

214 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL ..... 3,127 3,127 

215 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .... 157,679 166,679 

Project 2228, technical applications, systems engineering modeling and simulation capability and 

tool development.

[9,000 ] 

216 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ............... 43,198 42,198 

Excess program growth ................................................ [–1,000 ] 

217 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 11,311 11,311 

218 0101402N NAVY STRATEGIC COMMUNICATIONS ....................... 39,313 39,313 

219 0204136N F/A–18 SQUADRONS ......................................................... 193,086 200,086 

Engine noise reduction engineering ............................ [2,000 ] 

JAGM-F for USN and USMC ...................................... [5,000 ] 

220 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ............ 25,014 13,179 

High frequency over-the-horizon robust communications enterprise concurrency.[–11,835 ] 

221 0204228N SURFACE SUPPORT .......................................................... 11,661 11,661 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2365 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

222 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).282,395 282,395 

223 0204311N INTEGRATED SURVEILLANCE SYSTEM ..................... 36,959 71,959 

Additional TRAPS units ............................................... [35,000 ] 

224 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS ...... 15,454 15,454 

225 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).6,073 6,073 

226 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ..... 45,029 45,029 

227 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.104,903 104,903 

228 0204574N CRYPTOLOGIC DIRECT SUPPORT ................................ 4,544 4,544 

229 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT.66,889 66,889 

230 0205601N HARM IMPROVEMENT ..................................................... 120,762 120,762 

231 0205604N TACTICAL DATA LINKS ................................................... 104,696 116,696 

UPL—Tactical Targeting Network Technology acceleration.[12,000 ] 

232 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION .... 28,421 28,421 

233 0205632N MK–48 ADCAP .................................................................... 94,155 68,555 

Excessive TI–1 cost growth .......................................... [–25,600 ] 

234 0205633N AVIATION IMPROVEMENTS ........................................... 121,805 136,805 

Navy UFR: F/A–18E/F Super Hornet engine enhancements.[15,000 ] 

235 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............. 117,028 117,028 

236 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ........ 174,779 174,779 

237 0206335M COMMON AVIATION COMMAND AND CONTROL 

SYSTEM (CAC2S).

4,826 4,826 

238 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING 

ARMS SYSTEMS.

97,152 97,152 

239 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ........ 30,156 30,156 

240 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE 

SYSTEMS (MIP).

39,976 39,976 

241 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................ 22,637 20,690 

Lacks operational justification/need ........................... [–1,947 ] 

242 0207161N TACTICAL AIM MISSILES ............................................... 40,121 40,121 

243 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

32,473 29,606 

System improvement program efforts schedule delay [–2,867 ] 

249 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE 

SERVICES (CANES).

23,697 23,697 

250 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ....... 44,228 44,228 

252 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.6,081 6,081 

253 0305204N TACTICAL UNMANNED AERIAL VEHICLES ............... 8,529 8,529 

254 0305205N UAS INTEGRATION AND INTEROPERABILITY .......... 41,212 41,212 

255 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.7,687 7,687 

256 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.

42,846 42,846 

257 0305220N MQ–4C TRITON .................................................................. 14,395 14,395 

258 0305231N MQ–8 UAV ........................................................................... 9,843 9,843 

259 0305232M RQ–11 UAV .......................................................................... 524 524 

260 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ............ 5,360 5,360 

261 0305239M RQ–21A ................................................................................. 10,914 10,914 

262 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT .... 81,231 81,231 

263 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS 

(MIP).

5,956 5,956 

264 0305421N RQ–4 MODERNIZATION ................................................... 219,894 219,894 

265 0308601N MODELING AND SIMULATION SUPPORT ................... 7,097 7,097 

266 0702207N DEPOT MAINTENANCE (NON-IF) .................................. 36,560 36,560 

267 0708730N MARITIME TECHNOLOGY (MARITECH) ...................... 7,284 7,284 

268 1203109N SATELLITE COMMUNICATIONS (SPACE) .................... 39,174 39,174 

268A 9999999999 CLASSIFIED PROGRAMS ................................................. 1,549,503 1,549,503 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.4,885,060 4,918,111 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2366 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, NAVY.

18,481,666 18,384,533 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES .................................. 348,322 353,322 

Basic research program increase ................................ [5,000 ] 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ........................ 154,991 154,991 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 14,506 14,506 

SUBTOTAL BASIC RESEARCH ................................ 517,819 522,819 

APPLIED RESEARCH 

004 0602102F MATERIALS ........................................................................ 125,373 142,373 

Advanced materials analysis ....................................... [4,000 ] 

Structural Biology Techniques .................................... [3,000 ] 

Thermal protecting systems for hypersonics .............. [10,000 ] 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ..................... 130,547 140,547 

Hypersonic vehicle structures ..................................... [10,000 ] 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ....... 112,518 112,518 

007 0602203F AEROSPACE PROPULSION ............................................. 190,919 195,919 

Program increase .......................................................... [5,000 ] 

008 0602204F AEROSPACE SENSORS ..................................................... 166,534 166,534 

009 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— 

MAJOR HEADQUARTERS ACTIVITIES.

8,288 8,288 

011 0602602F CONVENTIONAL MUNITIONS ........................................ 112,841 112,841 

012 0602605F DIRECTED ENERGY TECHNOLOGY ............................. 141,898 141,898 

013 0602788F DOMINANT INFORMATION SCIENCES AND METHODS.162,420 172,420 

Enhance and accelerate Air Force artificial intelligence research.[10,000 ] 

014 0602890F HIGH ENERGY LASER RESEARCH ............................... 43,359 45,859 

Directed energy research ............................................. [2,500 ] 

015 1206601F SPACE TECHNOLOGY ...................................................... 117,645 117,645 

SUBTOTAL APPLIED RESEARCH .......................... 1,312,342 1,356,842 

ADVANCED TECHNOLOGY DEVELOPMENT 

016 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ... 34,426 42,926 

Metals Affordability Initiative ..................................... [8,500 ] 

017 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 15,150 15,150 

018 0603203F ADVANCED AEROSPACE SENSORS .............................. 39,968 39,968 

019 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...................... 121,002 126,002 

Design/Manufacture aircraft aft body drag reduction 

devices.

[5,000 ] 

020 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY.115,462 124,462 

General program increase ............................................ [9,000 ] 

021 0603270F ELECTRONIC COMBAT TECHNOLOGY ........................ 55,319 55,319 

022 0603401F ADVANCED SPACECRAFT TECHNOLOGY ................... 54,895 54,895 

023 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ......... 10,674 10,674 

024 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.36,463 41,463 

Autonomous life support system development ........... [5,000 ] 

025 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ............... 194,981 194,981 

026 0603605F ADVANCED WEAPONS TECHNOLOGY ......................... 43,368 53,368 

Demonstrator laser weapon system ............................ [10,000 ] 

027 0603680F MANUFACTURING TECHNOLOGY PROGRAM ........... 42,025 47,025 

Academic and industrial partnerships for aerospace 

materials.

[5,000 ] 

028 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND 

DEMONSTRATION.

51,064 51,064 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.814,797 857,297 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

030 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ............ 5,568 5,568 

032 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................. 18,194 18,194 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2367 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

033 0603790F NATO RESEARCH AND DEVELOPMENT ..................... 2,305 2,305 

035 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/ 

VAL.

41,856 41,856 

037 0604015F LONG RANGE STRIKE—BOMBER ................................. 2,314,196 2,314,196 

038 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT.14,894 14,894 

039 0604257F ADVANCED TECHNOLOGY AND SENSORS ................ 34,585 34,585 

040 0604288F NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP 9,740 9,740 

041 0604317F TECHNOLOGY TRANSFER .............................................. 12,960 12,960 

042 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM.71,501 69,701 

Program excess ............................................................. [–1,800 ] 

043 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ..... 62,618 62,618 

046 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 28,350 28,350 

048 0604858F TECH TRANSITION PROGRAM ...................................... 1,186,075 1,333,875 

Acceleration of Hypersonic Conventional Strike 

Weapon.

[100,000 ] 

Competitively Awarded Transition Programs ............ [5,000 ] 

Rapid Sustainment Initiative ...................................... [42,800 ] 

049 0605230F GROUND BASED STRATEGIC DETERRENT ................ 345,041 414,441 

Accelerated execution of program ............................... [69,400 ] 

050 0207110F NEXT GENERATION AIR DOMINANCE ........................ 503,997 443,997 

Ahead of need ............................................................... [–60,000 ] 

051 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 

(3DELRR).

40,326 40,326 

052 0208099F UNIFIED PLATFORM (UP) ............................................... 29,800 29,800 

054 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 41,880 41,880 

055 0305601F MISSION PARTNER ENVIRONMENTS .......................... 10,074 10,074 

056 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.253,825 253,825 

057 0306415F ENABLED CYBER ACTIVITIES ....................................... 16,325 16,325 

059 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM.17,577 17,577 

060 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

286,629 286,629 

061 1203710F EO/IR WEATHER SYSTEMS ............................................. 7,940 7,940 

062 1206422F WEATHER SYSTEM FOLLOW-ON .................................. 138,052 144,052 

Commercial weather data pilot ................................... [6,000 ] 

063 1206425F SPACE SITUATION AWARENESS SYSTEMS ............... 39,338 29,338 

Ahead of need ............................................................... [–10,000 ] 

064 1206434F MIDTERM POLAR MILSATCOM SYSTEM ..................... 383,113 383,113 

065 1206438F SPACE CONTROL TECHNOLOGY .................................. 91,018 91,018 

066 1206730F SPACE SECURITY AND DEFENSE PROGRAM ............ 45,542 45,542 

067 1206760F PROTECTED TACTICAL ENTERPRISE SERVICE 

(PTES).

51,419 51,419 

068 1206761F PROTECTED TACTICAL SERVICE (PTS) ...................... 29,776 29,776 

069 1206855F PROTECTED SATCOM SERVICES (PSCS)—AGGREGATED.29,379 29,379 

070 1206857F OPERATIONALLY RESPONSIVE SPACE ....................... 366,050 371,050 

Blackjack ....................................................................... [110,000 ] 

Space RCO Advanced Solar Power—early to need .... [–105,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.6,529,943 6,686,343 

SYSTEM DEVELOPMENT & DEMONSTRATION 

071 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS.39,602 39,602 

072 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT.58,531 58,531 

073 0604222F NUCLEAR WEAPONS SUPPORT ..................................... 4,468 4,468 

074 0604270F ELECTRONIC WARFARE DEVELOPMENT ................... 1,909 1,909 

075 0604281F TACTICAL DATA NETWORKS ENTERPRISE ............... 207,746 257,746 

Increase to accelerate 21st Century Battle Management Command and Control.[50,000 ] 

076 0604287F PHYSICAL SECURITY EQUIPMENT .............................. 14,421 14,421 

077 0604329F SMALL DIAMETER BOMB (SDB)—EMD ........................ 73,158 73,158 

081 0604429F AIRBORNE ELECTRONIC ATTACK ................................ 7,153 7,153 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2368 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

083 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................. 58,590 58,590 

084 0604604F SUBMUNITIONS ................................................................ 2,990 2,990 

085 0604617F AGILE COMBAT SUPPORT .............................................. 20,028 20,028 

086 0604618F JOINT DIRECT ATTACK MUNITION ............................. 15,787 15,787 

087 0604706F LIFE SUPPORT SYSTEMS ................................................ 8,919 8,919 

088 0604735F COMBAT TRAINING RANGES ......................................... 35,895 43,895 

Advanced threat radar system .................................... [8,000 ] 

089 0604800F F–35—EMD .......................................................................... 69,001 69,001 

091 0604932F LONG RANGE STANDOFF WEAPON ............................. 614,920 699,920 

Accelerated execution of program ............................... [85,000 ] 

092 0604933F ICBM FUZE MODERNIZATION ....................................... 172,902 172,902 

097 0605221F KC–46 ................................................................................... 88,170 83,170 

Excess to need ............................................................... [–5,000 ] 

098 0605223F ADVANCED PILOT TRAINING ........................................ 265,465 265,465 

099 0605229F COMBAT RESCUE HELICOPTER ................................... 457,652 457,652 

105 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT ............. 3,617 3,617 

106 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .................. 261,758 261,758 

107 0101125F NUCLEAR WEAPONS MODERNIZATION ..................... 91,907 91,907 

108 0207171F F–15 EPAWSS ..................................................................... 137,095 137,095 

109 0207328F STAND IN ATTACK WEAPON ......................................... 43,175 20,575 

Excess to need ............................................................... [–22,600 ] 

110 0207423F ADVANCED COMMUNICATIONS SYSTEMS ................ 14,888 14,888 

111 0207701F FULL COMBAT MISSION TRAINING ............................. 1,015 1,015 

115 0307581F JSTARS RECAP .................................................................. 30,000 

Continue JSTARS recap GMTI radar development .. [30,000 ] 

116 0401310F C–32 EXECUTIVE TRANSPORT RECAPITALIZATION 7,943 7,943 

117 0401319F PRESIDENTIAL AIRCRAFT RECAPITALIZATION 

(PAR).

673,032 673,032 

118 0701212F AUTOMATED TEST SYSTEMS ........................................ 13,653 13,653 

119 1203176F COMBAT SURVIVOR EVADER LOCATOR ..................... 939 939 

120 1203269F GPS IIIC ............................................................................... 451,889 433,889 

SMI insufficient justification ....................................... [–18,000 ] 

121 1203940F SPACE SITUATION AWARENESS OPERATIONS ........ 46,668 46,668 

122 1206421F COUNTERSPACE SYSTEMS ............................................ 20,676 20,676 

123 1206425F SPACE SITUATION AWARENESS SYSTEMS ............... 134,463 134,463 

124 1206426F SPACE FENCE .................................................................... 20,215 20,215 

125 1206431F ADVANCED EHF MILSATCOM (SPACE) ....................... 151,506 151,506 

126 1206432F POLAR MILSATCOM (SPACE) ......................................... 27,337 27,337 

127 1206433F WIDEBAND GLOBAL SATCOM (SPACE) ....................... 3,970 3,970 

128 1206441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 

EMD.

60,565 60,565 

129 1206442F EVOLVED SBIRS ................................................................ 643,126 743,126 

Accelerate sensor development .................................... [100,000 ] 

130 1206853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD.245,447 245,447 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.5,272,191 5,499,591 

MANAGEMENT SUPPORT 

131 0604256F THREAT SIMULATOR DEVELOPMENT ........................ 34,256 34,256 

132 0604759F MAJOR T&E INVESTMENT ............................................. 91,844 106,844 

Test infrastructure improvements .............................. [15,000 ] 

133 0605101F RAND PROJECT AIR FORCE ........................................... 34,614 34,614 

135 0605712F INITIAL OPERATIONAL TEST & EVALUATION ......... 18,043 18,043 

136 0605807F TEST AND EVALUATION SUPPORT .............................. 692,784 724,684 

Test range modernization ............................................ [31,900 ] 

137 0605826F ACQ WORKFORCE- GLOBAL POWER ........................... 233,924 233,924 

138 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS ..... 263,488 263,488 

139 0605828F ACQ WORKFORCE- GLOBAL REACH ............................ 153,591 153,591 

140 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 232,315 232,315 

141 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT ............. 169,868 169,868 

142 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION ....... 226,219 226,219 

143 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY.38,400 38,400 

144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS ..................... 125,761 125,761 

147 0605898F MANAGEMENT HQ—R&D ............................................... 10,642 10,642 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2369 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

148 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT.162,216 162,216 

149 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.28,888 28,888 

150 0606017F REQUIREMENTS ANALYSIS AND MATURATION ...... 35,285 35,285 

153 0308602F ENTEPRISE INFORMATION SERVICES (EIS) .............. 20,545 20,545 

154 0702806F ACQUISITION AND MANAGEMENT SUPPORT ........... 12,367 12,367 

155 0804731F GENERAL SKILL TRAINING ........................................... 1,448 1,448 

157 1001004F INTERNATIONAL ACTIVITIES ....................................... 3,998 3,998 

158 1206116F SPACE TEST AND TRAINING RANGE DEVELOPMENT.23,254 23,254 

159 1206392F SPACE AND MISSILE CENTER (SMC) CIVILIAN 

WORKFORCE.

169,912 169,912 

160 1206398F SPACE & MISSILE SYSTEMS CENTER—MHA ............ 10,508 10,508 

161 1206860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 19,721 19,721 

162 1206864F SPACE TEST PROGRAM (STP) ........................................ 25,620 25,620 

SUBTOTAL MANAGEMENT SUPPORT .................. 2,839,511 2,886,411 

OPERATIONAL SYSTEMS DEVELOPMENT 

165 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING.11,344 11,344 

167 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM 

(AF-IPPS).

47,287 41,102 

Poor agile development implementation and lenghty 

delivery timeline.

[–6,185 ] 

168 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 32,770 32,770 

169 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION.68,368 68,368 

170 0605278F HC/MC–130 RECAP RDT&E ............................................. 32,574 32,574 

171 0606018F NC3 INTEGRATION ........................................................... 26,112 26,112 

172 0606942F ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

99,100 99,100 

173 0101113F B–52 SQUADRONS ............................................................. 280,414 295,173 

Air Force requested realignment ................................ [14,759 ] 

174 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) .................. 5,955 5,955 

175 0101126F B–1B SQUADRONS ............................................................ 76,030 63,230 

FITP delayed new start ............................................... [–12,800 ] 

176 0101127F B–2 SQUADRONS ............................................................... 105,561 105,561 

177 0101213F MINUTEMAN SQUADRONS ............................................. 156,047 156,047 

179 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS.10,442 10,442 

180 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS 

NETWORK.

22,833 22,833 

181 0101328F ICBM REENTRY VEHICLES ............................................ 18,412 18,412 

183 0102110F UH–1N REPLACEMENT PROGRAM ............................... 288,022 288,022 

184 0102326F REGION/SECTOR OPERATION CONTROL CENTER 

MODERNIZATION PROGRAM.

9,252 9,252 

186 0205219F MQ–9 UAV ........................................................................... 115,345 115,345 

188 0207131F A–10 SQUADRONS ............................................................. 26,738 26,738 

189 0207133F F–16 SQUADRONS ............................................................. 191,564 191,564 

190 0207134F F–15E SQUADRONS .......................................................... 192,883 201,483 

ALQ–128 EW suite for ANG units .............................. [50,000 ] 

Operational flight plan funding excess to need ......... [–41,400 ] 

191 0207136F MANNED DESTRUCTIVE SUPPRESSION ..................... 15,238 15,238 

192 0207138F F–22A SQUADRONS .......................................................... 603,553 588,453 

Program reduction ........................................................ [–15,100 ] 

193 0207142F F–35 SQUADRONS ............................................................. 549,501 549,501 

194 0207161F TACTICAL AIM MISSILES ............................................... 37,230 37,230 

195 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

61,393 61,393 

196 0207227F COMBAT RESCUE—PARARESCUE ................................ 647 647 

198 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ....... 14,891 14,891 

199 0207253F COMPASS CALL ................................................................. 13,901 13,901 

200 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

121,203 121,203 

202 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE 

(JASSM).

60,062 60,062 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2370 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

203 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ............... 106,102 98,102 

Unjustified request ....................................................... [–8,000 ] 

204 0207412F CONTROL AND REPORTING CENTER (CRC) .............. 6,413 6,413 

205 0207417F AIRBORNE WARNING AND CONTROL SYSTEM 

(AWACS).

120,664 113,384 

Increase to accelerate 21st Century Battle Management Command and Control.[10,000 ] 

Radar controller program delay .................................. [–17,280 ] 

206 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ............... 2,659 2,659 

208 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 10,316 10,316 

209 0207444F TACTICAL AIR CONTROL PARTY-MOD ........................ 6,149 6,149 

210 0207448F C2ISR TACTICAL DATA LINK ......................................... 1,738 1,738 

211 0207452F DCAPES ............................................................................... 13,297 13,297 

212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS ........ 1,788 1,788 

213 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR 

SYSTEM (JSTARS).

14,888 14,888 

214 0207590F SEEK EAGLE ...................................................................... 24,699 24,699 

215 0207601F USAF MODELING AND SIMULATION ........................... 17,078 17,078 

216 0207605F WARGAMING AND SIMULATION CENTERS ............... 6,141 6,141 

218 0207697F DISTRIBUTED TRAINING AND EXERCISES ................ 4,225 4,225 

219 0208006F MISSION PLANNING SYSTEMS ..................................... 63,653 63,653 

220 0208007F TACTICAL DECEPTION .................................................... 6,949 6,949 

221 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS .............. 40,526 40,526 

222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ............. 24,166 24,166 

223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) ..... 13,000 13,000 

224 0208099F UNIFIED PLATFORM (UP) ............................................... 28,759 28,759 

229 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK 

(GSIN).

3,579 3,579 

230 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM 

(NPES).

29,620 29,620 

237 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL 

ISR FOR BATTLESPACE AWARENESS.

6,633 6,633 

238 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER 

(NAOC).

57,758 57,758 

240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).99,088 85,388 

Underexecution ............................................................. [–13,700 ] 

241 0303133F HIGH FREQUENCY RADIO SYSTEMS ........................... 51,612 51,612 

242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ....... 34,612 34,612 

244 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 2,170 2,170 

246 0304260F AIRBORNE SIGINT ENTERPRISE .................................. 106,873 109,873 

SIGINT single-pod development ................................. [3,000 ] 

247 0304310F COMMERCIAL ECONOMIC ANALYSIS ......................... 3,472 3,472 

250 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES .... 8,608 8,608 

251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY.1,586 1,586 

252 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ......... 4,492 4,492 

254 0305111F WEATHER SERVICE ......................................................... 26,942 26,942 

255 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS).6,271 8,771 

Augmentation of air surveillance and early warning 

radar systems.

[2,500 ] 

256 0305116F AERIAL TARGETS ............................................................. 8,383 8,383 

259 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ........... 418 418 

261 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.3,845 3,845 

268 0305202F DRAGON U–2 ...................................................................... 48,518 65,518 

EO/IR sensor upgrades ................................................ [17,000 ] 

270 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .................. 175,334 185,334 

Gorgon Stare ................................................................. [10,000 ] 

271 0305207F MANNED RECONNAISSANCE SYSTEMS ..................... 14,223 14,223 

272 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.24,554 24,554 

273 0305220F RQ–4 UAV ............................................................................ 221,690 221,690 

274 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 14,288 14,288 

275 0305238F NATO AGS ........................................................................... 51,527 51,527 

276 0305240F SUPPORT TO DCGS ENTERPRISE ................................. 26,579 26,579 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2371 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

278 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY 

AND ARCHITECTURES.

8,464 8,464 

280 0305881F RAPID CYBER ACQUISITION .......................................... 4,303 4,303 

284 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,466 2,466 

285 0307577F INTELLIGENCE MISSION DATA (IMD) ......................... 4,117 4,117 

287 0401115F C–130 AIRLIFT SQUADRON ............................................ 105,988 105,988 

288 0401119F C–5 AIRLIFT SQUADRONS (IF) ....................................... 25,071 25,071 

289 0401130F C–17 AIRCRAFT (IF) .......................................................... 48,299 48,299 

290 0401132F C–130J PROGRAM .............................................................. 15,409 15,409 

291 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 

(LAIRCM).

4,334 4,334 

292 0401218F KC–135S ............................................................................... 3,493 3,493 

293 0401219F KC–10S ................................................................................. 6,569 6,569 

294 0401314F OPERATIONAL SUPPORT AIRLIFT ............................... 3,172 3,172 

295 0401318F CV–22 ................................................................................... 18,502 18,502 

296 0401840F AMC COMMAND AND CONTROL SYSTEM .................. 1,688 1,688 

297 0408011F SPECIAL TACTICS / COMBAT CONTROL ..................... 2,541 2,541 

298 0702207F DEPOT MAINTENANCE (NON-IF) .................................. 1,897 1,897 

299 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM ...... 50,933 50,933 

300 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .. 13,787 13,787 

301 0708611F SUPPORT SYSTEMS DEVELOPMENT ........................... 4,497 4,497 

302 0804743F OTHER FLIGHT TRAINING ............................................. 2,022 2,022 

303 0808716F OTHER PERSONNEL ACTIVITIES ................................. 108 108 

304 0901202F JOINT PERSONNEL RECOVERY AGENCY ................... 2,023 2,023 

305 0901218F CIVILIAN COMPENSATION PROGRAM ........................ 3,772 3,772 

306 0901220F PERSONNEL ADMINISTRATION .................................... 6,358 6,358 

307 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ......... 1,418 1,418 

308 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.99,734 93,834 

Poor agile development implementation .................... [–5,900 ] 

309 1201921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES.14,161 14,161 

310 1202247F AF TENCAP ......................................................................... 26,986 26,986 

311 1203001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 80,168 80,168 

312 1203110F SATELLITE CONTROL NETWORK (SPACE) ................. 17,808 17,808 

314 1203165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 

AND CONTROL SEGMENTS).

8,937 8,937 

315 1203173F SPACE AND MISSILE TEST AND EVALUATION 

CENTER.

59,935 59,935 

316 1203174F SPACE INNOVATION, INTEGRATION AND RAPID 

TECHNOLOGY DEVELOPMENT.

21,019 21,019 

317 1203179F INTEGRATED BROADCAST SERVICE (IBS) ................. 8,568 8,568 

318 1203182F SPACELIFT RANGE SYSTEM (SPACE) .......................... 10,641 10,641 

319 1203265F GPS III SPACE SEGMENT ................................................ 144,543 144,543 

320 1203400F SPACE SUPERIORITY INTELLIGENCE ........................ 16,278 16,278 

321 1203614F JSPOC MISSION SYSTEM ................................................ 72,256 62,256 

Assumed cost savings ................................................... [–10,000 ] 

322 1203620F NATIONAL SPACE DEFENSE CENTER ........................ 42,209 42,209 

325 1203913F NUDET DETECTION SYSTEM (SPACE) ........................ 19,778 19,778 

326 1203940F SPACE SITUATION AWARENESS OPERATIONS ........ 19,572 19,572 

327 1206423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL 

CONTROL SEGMENT.

513,235 513,235 

327A 9999999999 CLASSIFIED PROGRAMS ................................................. 16,534,124 16,534,124 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.22,891,740 22,868,634 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, AF.

40,178,343 40,677,937 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH ................................................. 37,023 37,023 

002 0601101E DEFENSE RESEARCH SCIENCES .................................. 422,130 416,130 

Program decrease ......................................................... [–6,000 ] 

003 0601110D8Z BASIC RESEARCH INITIATIVES .................................... 42,702 42,702 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE.

47,825 57,825 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2372 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

TBI Treatment for blast injuries ................................. [10,000 ] 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .......... 85,919 85,919 

006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.30,412 40,412 

Program increase .......................................................... [10,000 ] 

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 42,103 42,103 

SUBTOTAL BASIC RESEARCH ................................ 708,114 722,114 

APPLIED RESEARCH 

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY ............................... 19,170 21,670 

Insensitive munitions ................................................... [2,500 ] 

009 0602115E BIOMEDICAL TECHNOLOGY .......................................... 101,300 101,300 

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ....... 51,596 51,596 

012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF 

S&T PRIORITIES.

60,688 60,688 

013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY.395,317 395,317 

014 0602383E BIOLOGICAL WARFARE DEFENSE ............................... 38,640 38,640 

015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 192,674 192,674 

016 0602668D8Z CYBER SECURITY RESEARCH ....................................... 14,969 14,969 

017 0602702E TACTICAL TECHNOLOGY ............................................... 335,466 332,966 

General program increase ............................................ [2,500 ] 

MAD-FIRES reduction ................................................. [–5,000 ] 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ......... 226,898 218,898 

General program reduction .......................................... [–8,000 ] 

019 0602716E ELECTRONICS TECHNOLOGY ....................................... 333,847 333,847 

020 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH.161,151 157,151 

JIDO program decrease ............................................... [–4,000 ] 

021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.9,300 9,300 

022 1160401BB SOF TECHNOLOGY DEVELOPMENT ............................ 35,921 35,921 

SUBTOTAL APPLIED RESEARCH .......................... 1,976,937 1,964,937 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ........ 25,598 25,598 

024 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 125,271 111,271 

General program reduction .......................................... [–14,000 ] 

025 0603133D8Z FOREIGN COMPARATIVE TESTING .............................. 24,532 24,532 

027 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT.299,858 270,858 

JIDO program decrease ............................................... [–29,000 ] 

028 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT.13,017 13,017 

029 0603178C WEAPONS TECHNOLOGY ............................................... 10,000 

Accelerate hypersonic defense capability ................... [10,000 ] 

031 0603180C ADVANCED RESEARCH ................................................... 20,365 42,365 

Accelerate hypersonic missile defense ........................ [22,000 ] 

032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.

18,644 18,644 

034 0603286E ADVANCED AEROSPACE SYSTEMS .............................. 277,603 282,603 

Hypersonics weapons programs development and 

transition.

[5,000 ] 

035 0603287E SPACE PROGRAMS AND TECHNOLOGY ...................... 254,671 254,671 

036 0603288D8Z ANALYTIC ASSESSMENTS .............................................. 19,472 19,472 

037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS.37,263 37,263 

038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA.13,621 13,621 

039 0603294C COMMON KILL VEHICLE TECHNOLOGY .................... 189,753 100,753 

Early to need ................................................................. [–89,000 ] 

040 0603342D8W DEFENSE INNOVATION UNIT EXPERIMENTAL 

(DIUX).

29,364 29,364 

041 0603375D8Z TECHNOLOGY INNOVATION .......................................... 83,143 83,143 

042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.142,826 142,826 

043 0603527D8Z RETRACT LARCH .............................................................. 161,128 161,128 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2373 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

044 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 12,918 12,918 

045 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS.106,049 106,049 

046 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .... 12,696 12,696 

047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND 

TECHNOLOGY PROGRAM.

114,637 114,637 

048 0603680S MANUFACTURING TECHNOLOGY PROGRAM ........... 49,667 52,167 

General program increase ............................................ [2,500 ] 

049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT.48,338 48,338 

050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.11,778 12,778 

General program increase ............................................ [1,000 ] 

052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.76,514 86,514 

Readiness Increase ....................................................... [10,000 ] 

053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.168,931 173,931 

Tunable filter, support for microelectronics development.[5,000 ] 

054 0603727D8Z JOINT WARFIGHTING PROGRAM ................................. 5,992 5,992 

055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............. 111,099 118,599 

Support for the Electronics Resurgence Initiative ..... [7,500 ] 

056 0603760E COMMAND, CONTROL AND COMMUNICATIONS 

SYSTEMS.

185,984 185,984 

057 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ........ 438,569 434,069 

General program reduction .......................................... [–4,500 ] 

058 0603767E SENSOR TECHNOLOGY ................................................... 190,128 191,628 

Sensors and processing systems technology ............... [1,500 ] 

059 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.13,564 13,564 

060 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...................... 15,050 15,050 

061 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...................... 69,626 59,626 

General program reduction .......................................... [–10,000 ] 

062 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ................ 19,415 19,415 

063 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY 

PROGRAM.

69,533 69,533 

064 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY .... 96,389 111,389 

Hypersonics and directed energy test ......................... [10,000 ] 

Workforce development ................................................ [5,000 ] 

065 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.40,582 45,582 

Readiness Increase ....................................................... [5,000 ] 

066 0303310D8Z CWMD SYSTEMS ............................................................... 26,644 26,644 

067 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...... 79,380 79,380 

067A 0603XXXD8Z NATIONAL SECURITY INNOVATION ACTIVITIES ..... 75,000 

Establish office for capital investment ....................... [75,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.3,699,612 3,712,612 

ADVANCED COMPONENT DEVELOPMENT AND 

PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.28,140 28,140 

069 0603600D8Z WALKOFF ............................................................................ 92,222 92,222 

070 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION 

SERVICES.

2,506 2,506 

071 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.40,016 42,016 

Readiness Increase ....................................................... [2,000 ] 

072 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.214,173 398,273 

Accelerate USFK JEON delivery ................................ [184,100 ] 

073 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.926,359 817,359 

Address cyber threats .................................................. [8,000 ] 

Forward financed in the FY18 Omnibus .................... [–117,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2374 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

074 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.129,886 129,886 

075 0603884C BALLISTIC MISSILE DEFENSE SENSORS ................... 220,876 249,876 

Accelerate USFK JEON delivery ................................ [24,000 ] 

Address cyber threats .................................................. [5,000 ] 

076 0603890C BMD ENABLING PROGRAMS .......................................... 540,926 540,926 

077 0603891C SPECIAL PROGRAMS—MDA ........................................... 422,348 422,348 

078 0603892C AEGIS BMD ......................................................................... 767,539 767,539 

081 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND 

CONTROL, BATTLE MANAGEMENT AND 

COMMUNICATI.

475,168 483,168 

Address cyber threats .................................................. [8,000 ] 

082 0603898C BALLISTIC MISSILE DEFENSE JOINT 

WARFIGHTER SUPPORT.

48,767 48,767 

083 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS 

CENTER (MDIOC).

54,925 54,925 

084 0603906C REGARDING TRENCH ...................................................... 16,916 16,916 

085 0603907C SEA BASED X-BAND RADAR (SBX) ................................ 149,715 136,715 

Forward financed in the FY18 Omnibus .................... [–13,000 ] 

086 0603913C ISRAELI COOPERATIVE PROGRAMS ............................ 300,000 300,000 

087 0603914C BALLISTIC MISSILE DEFENSE TEST ........................... 365,681 452,581 

Accelerate USFK JEON delivery ................................ [71,900 ] 

Address cyber threats .................................................. [15,000 ] 

088 0603915C BALLISTIC MISSILE DEFENSE TARGETS ................... 517,852 491,352 

Accelerate USFK JEON delivery ................................ [4,500 ] 

Address cyber threats .................................................. [5,000 ] 

Forward financed in the FY18 Omnibus .................... [–36,000 ] 

089 0603920D8Z HUMANITARIAN DEMINING .......................................... 11,347 11,347 

090 0603923D8Z COALITION WARFARE ..................................................... 8,528 8,528 

091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM.3,477 8,477 

Corrosion prevention .................................................... [5,000 ] 

092 0604115C TECHNOLOGY MATURATION INITIATIVES ............... 148,822 203,822 

Address cyber threats .................................................. [5,000 ] 

Laser scaling for boost phase intercept ...................... [50,000 ] 

093 0604132D8Z MISSILE DEFEAT PROJECT ........................................... 58,607 58,607 

094 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING.

12,993 0 

JIDO program decrease ............................................... [–12,993 ] 

095 0604181C HYPERSONIC DEFENSE .................................................. 120,444 130,944 

Accelerate hypersonic defense capability ................... [10,500 ] 

096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ................ 1,431,702 1,431,702 

Program reduction ........................................................ [–50,000 ] 

Quartermaster Pathfinder ........................................... [50,000 ] 

097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ............ 233,142 238,642 

New trust approach development ............................... [5,500 ] 

098 0604331D8Z RAPID PROTOTYPING PROGRAM .................................. 99,333 99,333 

098A 0604342D8Z DEFENSE TECHNOLOGY OFFSET ................................ 100,000 

Directed energy ............................................................. [100,000 ] 

099 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED 

SYSTEM COMMON DEVELOPMENT.

3,781 3,781 

100 0604673C PACIFIC DISCRIMINATING RADAR .............................. 95,765 95,765 

101 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC 

ANALYSIS (SSA).

3,768 3,768 

103 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS.22,435 22,435 

104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...... 164,562 164,562 

105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 561,220 421,820 

Forward financed in the FY18 Omnibus .................... [–139,400 ] 

106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.61,017 61,017 

107 0604878C AEGIS BMD TEST .............................................................. 95,756 95,756 

108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .......... 81,001 81,001 

109 0604880C LAND-BASED SM–3 (LBSM3) ........................................... 27,692 27,692 

111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST.81,934 72,634 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2375 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

Forward financed in the FY18 Omnibus .................... [–9,300 ] 

112 0604894C MULTI-OBJECT KILL VEHICLE ..................................... 8,256 6,870 

Unjustifed growth ......................................................... [–1,386 ] 

113 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS.2,600 2,600 

114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 

PROGRAM.

3,104 3,104 

115 0305103C CYBER SECURITY INITIATIVE ...................................... 985 985 

116 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM ......... 36,955 36,955 

117 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE 

PROGRAMS.

16,484 94,484 

Address cyber threats .................................................. [5,000 ] 

Develop space sensor architecture .............................. [73,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.8,709,725 8,962,146 

SYSTEM DEVELOPMENT AND DEMONSTRATION 

118 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.8,333 8,333 

119 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT.263,414 413,414 

Accelerate program ....................................................... [150,000 ] 

120 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD.388,701 388,701 

121 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION 

SYSTEM (JTIDS).

19,503 19,503 

122 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT.6,163 6,163 

123 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ........ 11,988 11,988 

124 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE .... 296 296 

125 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ........................ 1,489 1,489 

126 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .................. 9,590 9,590 

127 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND 

DEMONSTRATION.

3,173 3,173 

128 0605075D8Z DCMO POLICY AND INTEGRATION .............................. 2,105 2,105 

129 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL 

SYSTEM.

21,156 21,156 

130 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM 

(DRAS).

10,731 10,731 

132 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.6,374 6,374 

133 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ............ 56,178 58,678 

New trust approach development ............................... [2,500 ] 

134 0303141K GLOBAL COMBAT SUPPORT SYSTEM .......................... 2,512 2,512 

135 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM).2,435 2,435 

136 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND 

DEMONSTRATION.

17,048 17,048 

SUBTOTAL SYSTEM DEVELOPMENT AND 

DEMONSTRATION.

831,189 983,689 

MANAGEMENT SUPPORT 

137 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 6,661 6,661 

138 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .. 4,088 4,088 

139 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT 

DEVELOPMENT (CTEIP).

258,796 268,796 

Advanced hypersonic wind tunnel experimentation .. [10,000 ] 

140 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................ 31,356 31,356 

141 0605001E MISSION SUPPORT ........................................................... 65,646 65,646 

142 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY 

(JMETC).

84,184 89,184 

Cyber range capacity and development ...................... [5,000 ] 

143 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS .... 22,576 22,576 

144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE 

ORGANIZATION (JIAMDO).

52,565 52,565 

146 0605142D8Z SYSTEMS ENGINEERING ................................................ 38,872 38,872 

147 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD .................. 3,534 3,534 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2376 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

148 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ............... 5,050 5,050 

149 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION.11,450 11,450 

150 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ......... 1,693 1,693 

151 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 102,883 102,883 

159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ 

SMALL BUSINESS TECHNOLOGY TRANSFER.

2,545 2,545 

160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ............................ 24,487 24,487 

161 0605801KA DEFENSE TECHNICAL INFORMATION CENTER 

(DTIC).

56,853 56,853 

162 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 

AND EVALUATION.

24,914 24,914 

163 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................. 20,179 25,179 

Improve software testing capabilities ......................... [5,000 ] 

164 0605898E MANAGEMENT HQ—R&D ............................................... 13,643 13,643 

165 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).4,124 4,124 

166 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ................... 5,768 5,768 

167 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS ... 1,030 1,030 

168 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT 

SUPPORT.

1,000 1,000 

169 0606942C ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

3,400 3,400 

170 0606942S ASSESSMENTS AND EVALUATIONS CYBER 

VULNERABILITIES.

4,000 4,000 

171 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE 

(DOSI).

3,008 3,008 

172 0204571J JOINT STAFF ANALYTICAL SUPPORT ......................... 6,658 6,658 

175 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES.652 652 

176 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO).1,005 1,005 

177 0305172K COMBINED ADVANCED APPLICATIONS ..................... 21,363 21,363 

180 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION 

INVESTMENTS.

109,529 109,529 

181 0306310D8Z CWMD SYSTEMS: RDT&E MANAGEMENT SUPPORT 1,244 1,244 

184 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING 

TRANSFORMATION (CE2T2)—NON-MHA.

42,940 42,940 

185 0901598C MANAGEMENT HQ—MDA ............................................... 28,626 28,626 

187 0903235K JOINT SERVICE PROVIDER (JSP) .................................. 5,104 5,104 

188A 9999999999 CLASSIFIED PROGRAMS ................................................. 45,604 45,604 

SUBTOTAL MANAGEMENT SUPPORT .................. 1,117,030 1,137,030 

OPERATIONAL SYSTEM DEVELOPMENT 

189 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...................... 9,750 9,750 

190 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND 

PARTNERSHIP FOR PEACE INFORMATION MANA.

1,855 1,855 

191 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED 

INFORMATION SYSTEM (OHASIS).

304 304 

192 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT 

SUPPORT.

10,376 10,376 

193 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT.5,915 5,915 

194 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS).5,869 5,869 

195 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).48,741 48,741 

196 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,037 3,037 

197 0208045K C4I INTEROPERABILITY ................................................. 62,814 62,814 

203 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING 

AND INTEGRATION.

16,561 16,561 

204 0303126K LONG-HAUL COMMUNICATIONS—DCS ...................... 14,769 14,769 

205 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).17,579 17,579 

207 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ......... 31,737 31,737 

208 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ....... 7,940 17,940 

Expand cyber scholarship program ............................. [10,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2377 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

209 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ....... 229,252 229,252 

210 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ....... 19,611 19,611 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ........... 46,900 46,900 

212 0303153K DEFENSE SPECTRUM ORGANIZATION ....................... 7,570 7,570 

213 0303228K JOINT INFORMATION ENVIRONMENT (JIE) .............. 7,947 7,947 

215 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.39,400 39,400 

224 0305186D8Z POLICY R&D PROGRAMS ................................................ 6,262 6,262 

225 0305199D8Z NET CENTRICITY .............................................................. 16,780 16,780 

227 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.6,286 6,286 

230 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.2,970 2,970 

233 0305327V INSIDER THREAT .............................................................. 5,954 5,954 

234 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER 

PROGRAM.

2,198 2,198 

240 0307577D8Z INTELLIGENCE MISSION DATA (IMD) ......................... 6,889 6,889 

242 0708012K LOGISTICS SUPPORT ACTIVITIES ................................ 1,317 1,317 

243 0708012S PACIFIC DISASTER CENTERS ........................................ 1,770 1,770 

244 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM ... 1,805 1,805 

246 1105219BB MQ–9 UAV ........................................................................... 18,403 18,403 

248 1160403BB AVIATION SYSTEMS ......................................................... 184,993 179,993 

Realignment of funds ................................................... [–5,000 ] 

249 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ................ 10,625 10,625 

250 1160408BB OPERATIONAL ENHANCEMENTS ................................. 102,307 102,307 

251 1160431BB WARRIOR SYSTEMS ......................................................... 46,942 46,942 

252 1160432BB SPECIAL PROGRAMS ........................................................ 2,479 2,479 

253 1160434BB UNMANNED ISR ................................................................ 27,270 27,270 

254 1160480BB SOF TACTICAL VEHICLES .............................................. 1,121 1,121 

255 1160483BB MARITIME SYSTEMS ........................................................ 42,471 42,471 

256 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ........... 4,780 4,780 

257 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE ... 12,176 12,176 

258 1203610K TELEPORT PROGRAM ...................................................... 2,323 2,323 

258A 9999999999 CLASSIFIED PROGRAMS ................................................. 3,877,898 3,887,898 

Classified increase ........................................................ [10,000 ] 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.4,973,946 4,988,946 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, DW.

22,016,553 22,471,474 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION .................... 85,685 85,685 

002 0605131OTE LIVE FIRE TEST AND EVALUATION ............................ 64,332 64,332 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .. 70,992 81,892 

Increase for test and evaluation technologies ............ [10,900 ] 

SUBTOTAL MANAGEMENT SUPPORT .................. 221,009 231,909 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.221,009 231,909 

TOTAL RDT&E ....................................................... 91,056,950 91,727,403 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

056 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.1,000 1,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2378 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

058 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING 

SYS-ADV DEV.

1,500 1,500 

061 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................... 3,000 3,000 

076 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (MSHORAD).23,000 23,000 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.28,500 28,500 

SYSTEM DEVELOPMENT & DEMONSTRATION 

088 0604328A TRACTOR CAGE ................................................................... 12,000 12,000 

100 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.119,300 119,300 

125 0605032A TRACTOR TIRE .................................................................... 66,760 66,760 

128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 2,670 2,670 

136 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............... 34,933 34,933 

147 0303032A TROJAN—RH12 .................................................................... 1,200 1,200 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.236,863 236,863 

OPERATIONAL SYSTEMS DEVELOPMENT 

184 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.2,548 2,548 

185 0607133A TRACTOR SMOKE ............................................................... 7,780 7,780 

206 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 

PROGRAM.

2,000 2,000 

209 0205402A INTEGRATED BASE DEFENSE—OPERATIONAL SYSTEM DEV.8,000 8,000 

216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .............. 23,199 23,199 

226 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .................... 14,000 14,000 

231 0307665A BIOMETRICS ENABLED INTELLIGENCE ...................... 2,214 2,214 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.59,741 59,741 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, ARMY.

325,104 325,104 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

041 0603527N RETRACT LARCH ................................................................ 18,000 18,000 

061 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.13,900 13,900 

074 0603795N LAND ATTACK TECHNOLOGY ......................................... 1,400 1,400 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.33,300 33,300 

SYSTEM DEVELOPMENT & DEMONSTRATION 

149 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) .............. 1,100 1,100 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.1,100 1,100 

OPERATIONAL SYSTEMS DEVELOPMENT 

236 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .......... 16,130 16,130 

268A 9999999999 CLASSIFIED PROGRAMS ................................................... 117,282 117,282 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.133,412 133,412 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, NAVY.

167,812 167,812 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

065 1206438F SPACE CONTROL TECHNOLOGY .................................... 1,100 1,100 

070 1206857F OPERATIONALLY RESPONSIVE SPACE ........................ 12,395 12,395 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.13,495 13,495 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2379 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2019 Request 

Conference 

Authorized 

OPERATIONAL SYSTEMS DEVELOPMENT 

186 0205219F MQ–9 UAV ............................................................................. 4,500 4,500 

187 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE ..... 4,000 4,000 

188 0207131F A–10 SQUADRONS ............................................................... 1,000 1,000 

217 0207610F BATTLEFIELD ABN COMM NODE (BACN) .................... 42,349 42,349 

228 0208288F INTEL DATA APPLICATIONS ........................................... 1,200 1,200 

254 0305111F WEATHER SERVICE ........................................................... 3,000 3,000 

268 0305202F DRAGON U–2 ........................................................................ 22,100 22,100 

272 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.29,500 29,500 

310 1202247F AF TENCAP ........................................................................... 5,000 5,000 

327A 9999999999 CLASSIFIED PROGRAMS ................................................... 188,127 188,127 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.300,776 300,776 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, AF.

314,271 314,271 

ADVANCED TECHNOLOGY DEVELOPMENT 

024 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .. 25,000 25,000 

026 0603134BR COUNTER IMPROVISED-THREAT SIMULATION ......... 13,648 13,648 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.38,648 38,648 

ADVANCED COMPONENT DEVELOPMENT AND 

PROTOTYPES 

094 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, 

PROTOTYPE DEVELOPMENT, AND TESTING.

242,668 158,507 

JIDO program adjustment ............................................ [–84,161 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.242,668 242,668 

OPERATIONAL SYSTEM DEVELOPMENT 

250 1160408BB OPERATIONAL ENHANCEMENTS ................................... 3,632 3,632 

251 1160431BB WARRIOR SYSTEMS ........................................................... 11,040 11,040 

253 1160434BB UNMANNED ISR .................................................................. 11,700 11,700 

254 1160480BB SOF TACTICAL VEHICLES ................................................ 725 725 

258A 9999999999 CLASSIFIED PROGRAMS ................................................... 192,131 192,131 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.219,228 219,228 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, DW.

500,544 416,383 

TOTAL RDT&E ........................................................ 1,307,731 1,223,570 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2380 PUBLIC LAW 115–232—AUG. 13, 2018 

TITLE XLIII—OPERATION AND 

MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 2,076,360 1,785,360 

Excess growth ........................................................... [–15,000 ] 

Readiness restoration .............................................. [9,400 ] 

Realign OCO requirements from Base to OCO ..... [–285,400 ] 

020 MODULAR SUPPORT BRIGADES ............................... 107,946 109,746 

Readiness restoration .............................................. [1,800 ] 

030 ECHELONS ABOVE BRIGADE .................................... 732,485 740,085 

Readiness restoration .............................................. [7,600 ] 

040 THEATER LEVEL ASSETS .......................................... 1,169,508 1,187,808 

Readiness restoration .............................................. [18,300 ] 

050 LAND FORCES OPERATIONS SUPPORT .................. 1,180,460 1,197,960 

Readiness restoration .............................................. [17,500 ] 

060 AVIATION ASSETS ........................................................ 1,467,500 1,435,300 

Readiness restoration .............................................. [17,800 ] 

Unjustified program growth .................................... [–50,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 4,285,211 4,285,211 

080 LAND FORCES SYSTEMS READINESS ..................... 482,201 482,201 

090 LAND FORCES DEPOT MAINTENANCE .................. 1,536,851 1,476,751 

Readiness restoration .............................................. [111,200 ] 

Realign OCO requirements from Base to OCO ..... [–171,300 ] 

100 BASE OPERATIONS SUPPORT ................................... 8,274,299 8,260,144 

Operation and Maintenance, Army DSMOA ......... [10,000 ] 

Unjustified growth ................................................... [–24,155 ] 

110 FACILITIES SUSTAINMENT ....................................... 3,516,859 2,472,978 

85% Sustainment ..................................................... [175,469 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–1,219,350 ] 

111 FACILITIES RESTORATION & MODERNIZATION 1,054,140 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [1,054,140 ] 

112 FACILITIES DEMOLITION .......................................... 215,210 

Program increase ..................................................... [50,000 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [165,210 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 438,733 438,733 

180 US AFRICA COMMAND ................................................ 231,518 231,518 

190 US EUROPEAN COMMAND ........................................ 150,268 150,268 

200 US SOUTHERN COMMAND ........................................ 195,964 210,264 

SOUTHCOM ABN GFE Sensor (GEOINT/ 

SIGINT) ................................................................. [4,200 ] 

SOUTHCOM Cyber HUMINT (CME/OPS) ............ [1,000 ] 

SOUTHCOM OSINT/PAI (CME/LIC/TOOLS) ....... [1,600 ] 

SOUTHCOM Overland Airborne ISR Flight 

Hours ..................................................................... [7,200 ] 

SOUTHCOM SIGINT Suite COMSAT RF ............. [300 ] 

210 US FORCES KOREA ...................................................... 59,625 59,625 

SUBTOTAL OPERATING FORCES .................. 25,905,788 25,793,302 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2381 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

MOBILIZATION 

220 STRATEGIC MOBILITY ................................................ 370,941 370,941 

230 ARMY PREPOSITIONED STOCKS .............................. 573,560 573,560 

240 INDUSTRIAL PREPAREDNESS .................................. 7,678 7,678 

SUBTOTAL MOBILIZATION ............................. 952,179 952,179 

TRAINING AND RECRUITING 

250 OFFICER ACQUISITION .............................................. 135,832 135,832 

260 RECRUIT TRAINING .................................................... 54,819 54,819 

270 ONE STATION UNIT TRAINING ................................ 69,599 69,599 

280 SENIOR RESERVE OFFICERS TRAINING CORPS .. 518,998 518,998 

290 SPECIALIZED SKILL TRAINING ................................ 1,020,073 1,007,073 

Program decrease unaccounted for ......................... [–13,000 ] 

300 FLIGHT TRAINING ....................................................... 1,082,190 1,082,190 

310 PROFESSIONAL DEVELOPMENT EDUCATION ..... 220,399 220,399 

320 TRAINING SUPPORT .................................................... 611,482 611,482 

330 RECRUITING AND ADVERTISING ............................ 698,962 612,085 

Marketing Cuts ........................................................ [–86,877 ] 

340 EXAMINING ................................................................... 162,049 162,049 

350 OFF-DUTY AND VOLUNTARY EDUCATION ............ 215,622 215,622 

360 CIVILIAN EDUCATION AND TRAINING .................. 176,914 176,914 

370 JUNIOR RESERVE OFFICER TRAINING CORPS .... 174,430 177,570 

Program increase ..................................................... [3,140 ] 

SUBTOTAL TRAINING AND RECRUITING .. 5,141,369 5,044,632 

ADMIN & SRVWIDE ACTIVITIES 

390 SERVICEWIDE TRANSPORTATION ........................... 588,047 588,047 

400 CENTRAL SUPPLY ACTIVITIES ................................. 931,462 931,462 

410 LOGISTIC SUPPORT ACTIVITIES .............................. 696,114 696,114 

420 AMMUNITION MANAGEMENT .................................. 461,637 461,637 

430 ADMINISTRATION ........................................................ 447,564 447,564 

440 SERVICEWIDE COMMUNICATIONS ......................... 2,069,127 2,069,127 

450 MANPOWER MANAGEMENT ...................................... 261,021 261,021 

460 OTHER PERSONNEL SUPPORT ................................. 379,541 379,541 

470 OTHER SERVICE SUPPORT ........................................ 1,699,767 1,687,767 

Program decrease unaccounted for ......................... [–12,000 ] 

480 ARMY CLAIMS ACTIVITIES ........................................ 192,686 192,686 

490 REAL ESTATE MANAGEMENT .................................. 240,917 240,917 

500 FINANCIAL MANAGEMENT AND AUDIT READINESS ............................................................................ 291,569 291,569 

510 INTERNATIONAL MILITARY HEADQUARTERS ..... 442,656 442,656 

520 MISC. SUPPORT OF OTHER NATIONS ..................... 48,251 48,251 

565 CLASSIFIED PROGRAMS ............................................. 1,259,622 1,259,622 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................................................................... 10,009,981 9,997,981 

UNDISTRIBUTED 

570 UNDISTRIBUTED .......................................................... –710,000 

Army misrepresentation of civilian pay budget request ...................................................................... [–100,000 ] 

Foreign Currency adjustments ............................... [–137,000 ] 

Historical unobligated balances .............................. [–473,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –710,000 

TOTAL OPERATION & MAINTENANCE, 

ARMY ................................................................ 42,009,317 41,078,094 

OPERATION & MAINTENANCE, ARMY RES 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2382 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ............................... 13,867 13,867 

020 ECHELONS ABOVE BRIGADE .................................... 536,438 536,438 

030 THEATER LEVEL ASSETS .......................................... 113,225 113,225 

040 LAND FORCES OPERATIONS SUPPORT .................. 551,141 551,141 

050 AVIATION ASSETS ........................................................ 89,073 89,073 

060 FORCE READINESS OPERATIONS SUPPORT ......... 409,531 409,531 

070 LAND FORCES SYSTEMS READINESS ..................... 101,411 101,411 

080 LAND FORCES DEPOT MAINTENANCE .................. 60,114 60,114 

090 BASE OPERATIONS SUPPORT ................................... 595,728 579,728 

Program decrease unaccounted for ......................... [–16,000 ] 

100 FACILITIES SUSTAINMENT ....................................... 304,658 263,065 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–71,593 ] 

Sustainment recovery .............................................. [30,000 ] 

101 FACILITIES RESTORATION & MODERNIZATION 49,176 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [49,176 ] 

102 FACILITIES DEMOLITION .......................................... 22,417 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [22,417 ] 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 22,175 22,175 

SUBTOTAL OPERATING FORCES .................. 2,797,361 2,811,361 

ADMIN & SRVWD ACTIVITIES 

120 SERVICEWIDE TRANSPORTATION ........................... 11,832 11,832 

130 ADMINISTRATION ........................................................ 18,218 18,218 

140 SERVICEWIDE COMMUNICATIONS ......................... 25,069 25,069 

150 MANPOWER MANAGEMENT ...................................... 6,248 6,248 

160 RECRUITING AND ADVERTISING ............................ 58,181 58,181 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 119,548 119,548 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES ....................................................... 2,916,909 2,930,909 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 810,269 790,269 

Unjustified growth ................................................... [–20,000 ] 

020 MODULAR SUPPORT BRIGADES ............................... 193,402 193,402 

030 ECHELONS ABOVE BRIGADE .................................... 753,815 753,815 

040 THEATER LEVEL ASSETS .......................................... 84,124 84,124 

050 LAND FORCES OPERATIONS SUPPORT .................. 31,881 31,881 

060 AVIATION ASSETS ........................................................ 973,874 973,874 

070 FORCE READINESS OPERATIONS SUPPORT ......... 784,086 784,086 

080 LAND FORCES SYSTEMS READINESS ..................... 51,353 51,353 

090 LAND FORCES DEPOT MAINTENANCE .................. 221,633 221,633 

100 BASE OPERATIONS SUPPORT ................................... 1,129,942 1,114,942 

Program decrease unaccounted for ......................... [–15,000 ] 

110 FACILITIES SUSTAINMENT ....................................... 919,947 888,760 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–101,187 ] 

Sustainment recovery .............................................. [70,000 ] 

111 FACILITIES RESTORATION & MODERNIZATION 85,859 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [85,859 ] 

112 FACILITIES DEMOLITION .......................................... 15,328 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [15,328 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2383 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 1,010,524 1,010,524 

SUBTOTAL OPERATING FORCES .................. 6,964,850 6,999,850 

ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ........................... 10,017 10,017 

140 ADMINISTRATION ........................................................ 72,746 72,746 

150 SERVICEWIDE COMMUNICATIONS ......................... 83,105 83,105 

160 MANPOWER MANAGEMENT ...................................... 10,678 10,678 

170 OTHER PERSONNEL SUPPORT ................................. 254,753 254,753 

180 REAL ESTATE MANAGEMENT .................................. 3,146 3,146 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 434,445 434,445 

TOTAL OPERATION & MAINTENANCE, 

ARNG ................................................................ 7,399,295 7,434,295 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 5,372,399 5,327,478 

Unjustified growth ................................................... [–44,921 ] 

020 FLEET AIR TRAINING ................................................. 2,023,351 2,021,351 

Advanced skills management .................................. [–2,000 ] 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ................................................................... 56,225 56,225 

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 156,081 156,081 

050 AIR SYSTEMS SUPPORT ............................................. 682,379 676,440 

Unjustified growth ................................................... [–5,939 ] 

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,253,756 1,291,156 

Readiness restoration .............................................. [37,400 ] 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 66,649 66,649 

080 AVIATION LOGISTICS .................................................. 939,368 939,368 

090 MISSION AND OTHER SHIP OPERATIONS ............. 4,439,566 4,413,287 

Excess growth ........................................................... [–26,279 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 997,663 997,663 

110 SHIP DEPOT MAINTENANCE .................................... 8,751,526 8,900,126 

Readiness restoration .............................................. [116,600 ] 

Western Pacific Dry Dock capability ...................... [32,000 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 2,168,876 2,168,876 

130 COMBAT COMMUNICATIONS AND ELECTRONIC 

WARFARE ................................................................... 1,349,593 1,326,293 

Fiscal year 2018 decrease not properly accounted [–25,000 ] 

SOUTHCOM CCO Sensor Integration ................... [1,700 ] 

150 SPACE SYSTEMS AND SURVEILLANCE .................. 215,255 215,255 

160 WARFARE TACTICS ...................................................... 632,446 617,446 

Unjustified growth ................................................... [–15,000 ] 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ......................................................................... 373,046 373,046 

180 COMBAT SUPPORT FORCES ...................................... 1,452,075 1,452,075 

190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ..................................................... 153,719 153,719 

210 COMBATANT COMMANDERS CORE OPERATIONS 63,039 63,039 

220 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ..................................................................... 89,339 89,339 

230 MILITARY INFORMATION SUPPORT OPERATIONS ........................................................................ 8,475 8,475 

240 CYBERSPACE ACTIVITIES .......................................... 424,088 424,088 

260 FLEET BALLISTIC MISSILE ....................................... 1,361,947 1,361,947 

280 WEAPONS MAINTENANCE ......................................... 823,952 823,952 

290 OTHER WEAPON SYSTEMS SUPPORT ..................... 494,101 494,101 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2384 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

300 ENTERPRISE INFORMATION ..................................... 921,936 876,936 

General reduction ..................................................... [–45,000 ] 

310 FACILITIES SUSTAINMENT ....................................... 2,040,389 1,986,642 

FSRM to 100% max executable .............................. [310,000 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–363,747 ] 

311 FACILITIES RESTORATION & MODERNIZATION 243,745 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [243,745 ] 

312 FACILITIES DEMOLITION .......................................... 160,002 

Program increase ..................................................... [40,000 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [120,002 ] 

320 BASE OPERATING SUPPORT ..................................... 4,414,753 4,414,753 

SUBTOTAL OPERATING FORCES .................. 41,725,992 42,099,553 

MOBILIZATION 

330 SHIP PREPOSITIONING AND SURGE ...................... 549,142 549,142 

340 READY RESERVE FORCE ............................................ 310,805 310,805 

360 SHIP ACTIVATIONS/INACTIVATIONS ...................... 161,150 161,150 

370 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 120,338 120,338 

390 COAST GUARD SUPPORT ........................................... 24,097 24,097 

SUBTOTAL MOBILIZATION ............................. 1,165,532 1,165,532 

TRAINING AND RECRUITING 

400 OFFICER ACQUISITION .............................................. 145,481 145,481 

410 RECRUIT TRAINING .................................................... 9,637 9,637 

420 RESERVE OFFICERS TRAINING CORPS .................. 149,687 149,687 

430 SPECIALIZED SKILL TRAINING ................................ 879,557 793,557 

Ready, Relevant Learning funding ahead of need [–86,000 ] 

450 PROFESSIONAL DEVELOPMENT EDUCATION ..... 184,436 186,136 

Naval Sea Cadets ..................................................... [1,700 ] 

460 TRAINING SUPPORT .................................................... 223,159 223,159 

470 RECRUITING AND ADVERTISING ............................ 181,086 181,086 

480 OFF-DUTY AND VOLUNTARY EDUCATION ............ 96,006 96,006 

490 CIVILIAN EDUCATION AND TRAINING .................. 72,083 72,083 

500 JUNIOR ROTC ................................................................ 54,156 55,106 

Program increase ..................................................... [950 ] 

SUBTOTAL TRAINING AND RECRUITING .. 1,995,288 1,911,938 

ADMIN & SRVWD ACTIVITIES 

510 ADMINISTRATION ........................................................ 1,089,964 1,069,964 

Program decrease ..................................................... [–20,000 ] 

530 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 164,074 164,074 

540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 418,350 418,350 

580 SERVICEWIDE TRANSPORTATION ........................... 167,106 167,106 

600 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ............................................................................ 333,556 333,556 

610 ACQUISITION, LOGISTICS, AND OVERSIGHT ....... 663,690 663,690 

650 INVESTIGATIVE AND SECURITY SERVICES .......... 705,087 705,087 

765 CLASSIFIED PROGRAMS ............................................. 574,994 584,994 

Classified adjustment .............................................. [10,000 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,116,821 4,106,821 

UNDISTRIBUTED 

770 UNDISTRIBUTED .......................................................... –269,600 

Foreign Currency adjustments ............................... [–35,900 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2385 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

Historical unobligated balances .............................. [–233,700 ] 

SUBTOTAL UNDISTRIBUTED .......................... –269,600 

TOTAL OPERATION & MAINTENANCE, 

NAVY ................................................................. 49,003,633 49,014,244 

OPERATION & MAINTENANCE, MARINE 

CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................. 873,320 883,235 

Additional parts & spares to support intermediate & organizational maintenance .............. [8,200 ] 

Additional training requirements ........................... [4,200 ] 

Unjustified growth ................................................... [–2,485 ] 

020 FIELD LOGISTICS ......................................................... 1,094,187 1,094,187 

030 DEPOT MAINTENANCE ............................................... 314,182 341,082 

Readiness restoration .............................................. [26,900 ] 

040 MARITIME PREPOSITIONING .................................... 98,136 98,136 

050 CYBERSPACE ACTIVITIES .......................................... 183,546 183,546 

060 FACILITIES SUSTAINMENT ....................................... 832,636 736,354 

85% Sustainment ..................................................... [42,400 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–138,682 ] 

061 FACILITIES RESTORATION & MODERNIZATION 61,469 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [61,469 ] 

062 FACILITIES DEMOLITION .......................................... 107,213 

Program increase ..................................................... [30,000 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [77,213 ] 

070 BASE OPERATING SUPPORT ..................................... 2,151,390 2,116,390 

Program decrease unaccounted for ......................... [–35,000 ] 

SUBTOTAL OPERATING FORCES .................. 5,547,397 5,621,612 

TRAINING AND RECRUITING 

080 RECRUIT TRAINING .................................................... 16,453 16,453 

090 OFFICER ACQUISITION .............................................. 1,144 1,144 

100 SPECIALIZED SKILL TRAINING ................................ 106,360 106,360 

110 PROFESSIONAL DEVELOPMENT EDUCATION ..... 46,096 46,096 

120 TRAINING SUPPORT .................................................... 389,751 389,751 

130 RECRUITING AND ADVERTISING ............................ 201,662 201,662 

140 OFF-DUTY AND VOLUNTARY EDUCATION ............ 32,461 32,461 

150 JUNIOR ROTC ................................................................ 24,217 24,607 

Program increase ..................................................... [390 ] 

SUBTOTAL TRAINING AND RECRUITING .. 818,144 818,534 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION ........................... 29,735 29,735 

170 ADMINISTRATION ........................................................ 386,375 376,375 

Fiscal year 2018 decrease not properly accounted [–10,000 ] 

225 CLASSIFIED PROGRAMS ............................................. 50,859 50,859 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 466,969 456,969 

UNDISTRIBUTED 

230 UNDISTRIBUTED .......................................................... –29,400 

Foreign Currency adjustments ............................... [–8,900 ] 

Historical unobligated balances .............................. [–20,500 ] 

SUBTOTAL UNDISTRIBUTED .......................... –29,400 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2386 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE, 

MARINE CORPS ............................................ 6,832,510 6,867,715 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 569,584 569,584 

020 INTERMEDIATE MAINTENANCE .............................. 6,902 6,902 

030 AIRCRAFT DEPOT MAINTENANCE .......................... 109,776 109,776 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 538 538 

050 AVIATION LOGISTICS .................................................. 18,888 18,888 

060 SHIP OPERATIONS SUPPORT & TRAINING ........... 574 574 

070 COMBAT COMMUNICATIONS .................................... 17,561 17,561 

080 COMBAT SUPPORT FORCES ...................................... 121,070 119,030 

Insufficient budget justification .............................. [–2,040 ] 

090 CYBERSPACE ACTIVITIES .......................................... 337 337 

100 ENTERPRISE INFORMATION ..................................... 23,964 23,964 

110 FACILITIES SUSTAINMENT ....................................... 36,356 41,151 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–5,205 ] 

Sustainment recovery .............................................. [10,000 ] 

111 FACILITIES RESTORATION & MODERNIZATION 3,205 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [3,205 ] 

112 FACILITIES DEMOLITION .......................................... 2,000 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [2,000 ] 

120 BASE OPERATING SUPPORT ..................................... 103,562 103,562 

SUBTOTAL OPERATING FORCES .................. 1,009,112 1,017,072 

ADMIN & SRVWD ACTIVITIES 

130 ADMINISTRATION ........................................................ 1,868 1,868 

140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 12,849 12,849 

160 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,177 3,177 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,894 17,894 

TOTAL OPERATION & MAINTENANCE, 

NAVY RES ....................................................... 1,027,006 1,034,966 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................... 99,173 101,173 

Additional training requirements ........................... [2,000 ] 

020 DEPOT MAINTENANCE ............................................... 19,430 19,430 

030 FACILITIES SUSTAINMENT ....................................... 39,962 25,666 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–22,296 ] 

Sustainment recovery .............................................. [8,000 ] 

031 FACILITIES RESTORATION & MODERNIZATION 22,296 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [22,296 ] 

040 BASE OPERATING SUPPORT ..................................... 101,829 101,829 

SUBTOTAL OPERATING FORCES .................. 260,394 270,394 

ADMIN & SRVWD ACTIVITIES 

050 ADMINISTRATION ........................................................ 11,176 11,176 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 11,176 11,176 

TOTAL OPERATION & MAINTENANCE, 

MC RESERVE ................................................. 271,570 281,570 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2387 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 758,178 783,178 

Increase for F–35 sustainment to accelerate depot 

component repair capability ................................ [25,000 ] 

020 COMBAT ENHANCEMENT FORCES ......................... 1,509,027 1,227,027 

Programming error—BACN .................................... [–282,000 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ........................................................................ 1,323,330 1,323,330 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,511,830 3,583,170 

Fiscal year 2018 decrease not properly accounted [–13,160 ] 

Readiness restoration .............................................. [46,500 ] 

Restoration of U–2 Tail #80–1099 .......................... [38,000 ] 

050 FACILITIES SUSTAINMENT ....................................... 2,892,705 2,598,824 

85% Sustainment ..................................................... [152,000 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–445,881 ] 

051 FACILITIES RESTORATION & MODERNIZATION 420,861 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [420,861 ] 

052 FACILITIES DEMOLITION .......................................... 67,020 

Program increase ..................................................... [42,000 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [25,020 ] 

060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 7,613,084 7,993,784 

Increase for JSTARS buy-back ............................... [95,900 ] 

Readiness restoration .............................................. [74,800 ] 

Unjustified growth ................................................... [–90,000 ] 

WSS to 100% executable ......................................... [300,000 ] 

070 FLYING HOUR PROGRAM ........................................... 4,345,208 4,242,799 

Increase for JSTARS buy-back ............................... [50,000 ] 

Unjustified growth ................................................... [–152,409 ] 

080 BASE SUPPORT ............................................................. 5,989,215 5,989,215 

090 GLOBAL C3I AND EARLY WARNING ........................ 928,023 928,023 

100 OTHER COMBAT OPS SPT PROGRAMS ................... 1,080,956 1,080,956 

110 CYBERSPACE ACTIVITIES .......................................... 879,032 813,032 

Air Force requested transfer to SAG 42B .............. [–66,000 ] 

130 LAUNCH FACILITIES ................................................... 183,777 183,777 

140 SPACE CONTROL SYSTEMS ....................................... 404,072 404,072 

170 US NORTHCOM/NORAD .............................................. 187,375 187,375 

180 US STRATCOM ............................................................... 529,902 529,902 

190 US CYBERCOM .............................................................. 329,474 329,474 

200 US CENTCOM ................................................................ 166,024 166,024 

210 US SOCOM ...................................................................... 723 723 

220 US TRANSCOM .............................................................. 535 535 

225 CLASSIFIED PROGRAMS ............................................. 1,164,810 1,164,810 

SUBTOTAL OPERATING FORCES .................. 33,797,280 34,017,911 

MOBILIZATION 

230 AIRLIFT OPERATIONS ................................................. 1,307,695 1,242,695 

Fiscal year 2018 decrease not properly accounted [–65,000 ] 

240 MOBILIZATION PREPAREDNESS .............................. 144,417 144,417 

SUBTOTAL MOBILIZATION ............................. 1,452,112 1,387,112 

TRAINING AND RECRUITING 

280 OFFICER ACQUISITION .............................................. 133,187 133,187 

290 RECRUIT TRAINING .................................................... 25,041 25,041 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2388 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

300 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 117,338 117,338 

330 SPECIALIZED SKILL TRAINING ................................ 401,996 401,996 

340 FLIGHT TRAINING ....................................................... 477,064 477,064 

350 PROFESSIONAL DEVELOPMENT EDUCATION ..... 276,423 276,423 

360 TRAINING SUPPORT .................................................... 95,948 95,948 

380 RECRUITING AND ADVERTISING ............................ 154,530 154,530 

390 EXAMINING ................................................................... 4,132 4,132 

400 OFF-DUTY AND VOLUNTARY EDUCATION ............ 223,150 223,150 

410 CIVILIAN EDUCATION AND TRAINING .................. 209,497 209,497 

420 JUNIOR ROTC ................................................................ 59,908 60,908 

Program increase ..................................................... [1,000 ] 

SUBTOTAL TRAINING AND RECRUITING .. 2,178,214 2,179,214 

ADMIN & SRVWD ACTIVITIES 

430 LOGISTICS OPERATIONS ............................................ 681,788 681,788 

440 TECHNICAL SUPPORT ACTIVITIES ......................... 117,812 117,812 

480 ADMINISTRATION ........................................................ 953,102 933,102 

Unjustified growth ................................................... [–20,000 ] 

490 SERVICEWIDE COMMUNICATIONS ......................... 358,389 424,389 

Air Force requested transfer from SAG 12D ......... [66,000 ] 

500 OTHER SERVICEWIDE ACTIVITIES ......................... 1,194,862 1,194,862 

510 CIVIL AIR PATROL ....................................................... 29,594 29,594 

540 INTERNATIONAL SUPPORT ....................................... 74,959 74,959 

545 CLASSIFIED PROGRAMS ............................................. 1,222,456 1,222,456 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,632,962 4,678,962 

UNDISTRIBUTED 

550 UNDISTRIBUTED .......................................................... –164,600 

Foreign Currency adjustments ............................... [–68,000 ] 

Historical unobligated balances .............................. [–239,000 ] 

Procurement of 7 DABs for PACOM ...................... [142,400 ] 

SUBTOTAL UNDISTRIBUTED .......................... –164,600 

TOTAL OPERATION & MAINTENANCE, 

AIR FORCE ..................................................... 42,060,568 42,098,599 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 1,853,437 1,838,437 

Unjustified growth ................................................... [–15,000 ] 

020 MISSION SUPPORT OPERATIONS ............................ 205,369 205,369 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 345,576 347,476 

Readiness restoration .............................................. [1,900 ] 

040 FACILITIES SUSTAINMENT ....................................... 120,736 111,903 

Additional demo ....................................................... [2,800 ] 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–27,633 ] 

Sustainment recovery .............................................. [16,000 ] 

041 FACILITIES RESTORATION & MODERNIZATION 27,633 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [27,633 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 241,239 293,239 

Readiness restoration .............................................. [52,000 ] 

060 BASE SUPPORT ............................................................. 385,922 385,922 

SUBTOTAL OPERATING FORCES .................. 3,152,279 3,209,979 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2389 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

070 ADMINISTRATION ........................................................ 71,188 71,188 

080 RECRUITING AND ADVERTISING ............................ 19,429 19,429 

090 MILITARY MANPOWER AND PERS MGMT (ARPC) 9,386 9,386 

100 OTHER PERS SUPPORT (DISABILITY COMP) ......... 7,512 7,512 

110 AUDIOVISUAL ............................................................... 440 440 

SUBTOTAL ADMINISTRATION AND 

SERVICEWIDE ACTIVITIES .......................... 107,955 107,955 

TOTAL OPERATION & MAINTENANCE, 

AF RESERVE .................................................. 3,260,234 3,317,934 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ............................................. 2,619,940 2,581,540 

Restoring O&M associated with buyback of 3 

PMAI JSTARS aircraft ........................................ [1,600 ] 

Unjustified program growth .................................... [–40,000 ] 

020 MISSION SUPPORT OPERATIONS ............................ 623,265 623,265 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 748,287 748,287 

040 FACILITIES SUSTAINMENT ....................................... 303,792 289,700 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [–34,092 ] 

Sustainment recovery .............................................. [20,000 ] 

041 FACILITIES RESTORATION & MODERNIZATION 31,696 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [31,696 ] 

042 FACILITIES DEMOLITION .......................................... 2,396 

Realignment of FSRM funds to new RM and 

Demo lines ............................................................. [2,396 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 1,061,759 1,064,759 

Readiness restoration .............................................. [3,000 ] 

060 BASE SUPPORT ............................................................. 988,333 1,000,233 

PFAS Transfer .......................................................... [11,000 ] 

Readiness restoration .............................................. [900 ] 

SUBTOTAL OPERATING FORCES .................. 6,345,376 6,341,876 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

070 ADMINISTRATION ........................................................ 45,711 45,711 

080 RECRUITING AND ADVERTISING ............................ 36,535 36,535 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ................................... 82,246 82,246 

TOTAL OPERATION & MAINTENANCE, 

ANG ................................................................... 6,427,622 6,424,122 

OPERATION AND MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................... 430,215 432,715 

Operational logistics exercise elements .................. [2,500 ] 

020 JOINT CHIEFS OF STAFF—CE2T2 ............................ 602,186 602,186 

040 SPECIAL OPERATIONS COMMAND/OPERATING 

FORCES ....................................................................... 5,389,250 5,312,200 

Civilian pay ahead of need ...................................... [–10,700 ] 

Program decrease ..................................................... [–66,350 ] 

SUBTOTAL OPERATING FORCES .................. 6,421,651 6,347,101 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2390 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

TRAINING AND RECRUITING 

050 DEFENSE ACQUISITION UNIVERSITY .................... 181,601 181,601 

060 JOINT CHIEFS OF STAFF ........................................... 96,565 96,565 

070 SPECIAL OPERATIONS COMMAND/TRAINING 

AND RECRUITING ..................................................... 370,583 370,583 

SUBTOTAL TRAINING AND RECRUITING .. 648,749 648,749 

ADMIN & SRVWIDE ACTIVITIES 

080 CIVIL MILITARY PROGRAMS ..................................... 166,131 181,131 

STARBASE ............................................................... [15,000 ] 

100 DEFENSE CONTRACT AUDIT AGENCY ................... 625,633 625,633 

110 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,465,354 1,465,354 

120 DEFENSE HUMAN RESOURCES ACTIVITY ............ 859,923 859,923 

130 DEFENSE INFORMATION SYSTEMS AGENCY ....... 2,106,930 2,104,995 

Excess growth ........................................................... [–1,935 ] 

150 DEFENSE LEGAL SERVICES AGENCY .................... 27,403 27,403 

160 DEFENSE LOGISTICS AGENCY ................................. 379,275 387,775 

Procurement Technical Assistance Program 

(PTAP) ................................................................... [8,500 ] 

170 DEFENSE MEDIA ACTIVITY ....................................... 207,537 207,537 

180 DEFENSE PERSONNEL ACCOUNTING AGENCY ... 130,696 130,696 

190 DEFENSE SECURITY COOPERATION AGENCY ..... 754,711 686,744 

Program reduction—maintain level of effort ......... [–67,967 ] 

200 DEFENSE SECURITY SERVICE ................................. 789,175 779,175 

Program excess growth ............................................ [–10,000 ] 

220 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ..................................................................... 34,951 34,951 

230 DEFENSE THREAT REDUCTION AGENCY ............. 553,329 553,329 

250 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................ 2,892,284 2,942,284 

Impact Aid for Children with Severe Disabilities [10,000 ] 

Impact aid for schools with military dependent 

students ................................................................. [40,000 ] 

260 MISSILE DEFENSE AGENCY ...................................... 499,817 499,817 

280 OFFICE OF ECONOMIC ADJUSTMENT ................... 70,035 70,035 

290 OFFICE OF THE SECRETARY OF DEFENSE .......... 1,519,655 1,587,655 

Commission on Aircraft Safety ............................ [5,000 ] 

Cyber Commission ................................................ [4,000 ] 

CDC PFOS/PFOA Health Study Increment .......... [10,000 ] 

Clearinghouse ........................................................... [1,000 ] 

Defense Environmental International Cooperations (DEIC) ........................................................ [1,000 ] 

Defense Fellows Program ........................................ [10,000 ] 

DOD emerging contaminants .................................. [1,000 ] 

DOD environmental resilience ................................ [1,000 ] 

DW Vietnam dioxin remediation ............................ [15,000 ] 

Establish Artificial Intelligence commission .......... [10,000 ] 

Readiness and Environmental Protection Initiative Increase .......................................................... [10,000 ] 

300 SPECIAL OPERATIONS COMMAND/ADMIN & 

SVC-WIDE ACTIVITIES ............................................ 97,787 97,787 

310 WASHINGTON HEADQUARTERS SERVICES .......... 456,407 456,407 

315 CLASSIFIED PROGRAMS ............................................. 15,645,192 15,645,192 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................................................................... 29,282,225 29,343,823 

UNDISTRIBUTED 

320 UNDISTRIBUTED .......................................................... –279,800 

Foreign Currency adjustments ............................... [–17,200 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2391 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

Historical unobligated balances .............................. [–262,600 ] 

SUBTOTAL UNDISTRIBUTED .......................... –279,800 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ............................ 36,352,625 36,059,873 

US COURT OF APPEALS FOR ARMED 

FORCES, DEF 

ADMINISTRATION AND ASSOCIATED ACTIVITIES 

010 US COURT OF APPEALS FOR THE ARMED 

FORCES, DEFENSE ................................................... 14,662 14,662 

SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES ....................................... 14,662 14,662 

TOTAL US COURT OF APPEALS FOR 

ARMED FORCES, DEF ................................. 14,662 14,662 

DOD ACQUISITION WORKFORCE DEVELOPMENT FUND 

ACQUISITION WORKFORCE DEVELOPMENT 

010 ACQ WORKFORCE DEV FD ......................................... 400,000 400,000 

SUBTOTAL ACQUISITION WORKFORCE 

DEVELOPMENT ................................................ 400,000 400,000 

TOTAL DOD ACQUISITION WORKFORCE 

DEVELOPMENT FUND ............................... 400,000 400,000 

OVERSEAS HUMANITARIAN, DISASTER, AND 

CIVIC AID 

HUMANITARIAN ASSISTANCE 

010 OVERSEAS HUMANITARIAN, DISASTER AND 

CIVIC AID .................................................................... 107,663 107,663 

SUBTOTAL HUMANITARIAN ASSISTANCE 107,663 107,663 

TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID .............................. 107,663 107,663 

COOPERATIVE THREAT REDUCTION ACCOUNT 

FSU THREAT REDUCTION 

010 FORMER SOVIET UNION (FSU) THREAT REDUCTION ............................................................................. 335,240 335,240 

SUBTOTAL FSU THREAT REDUCTION ........ 335,240 335,240 

TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT ............................................ 335,240 335,240 

ENVIRONMENTAL RESTORATION, ARMY 

DEPARTMENT OF THE ARMY 

060 ENVIRONMENTAL RESTORATION, ARMY .............. 203,449 213,449 

PFOS/PFOA remediation increase ......................... [10,000 ] 

SUBTOTAL DEPARTMENT OF THE ARMY .. 203,449 213,449 

TOTAL ENVIRONMENTAL RESTORATION, ARMY ................................................... 203,449 213,449 

ENVIRONMENTAL RESTORATION, NAVY 

DEPARTMENT OF THE NAVY 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2392 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

080 ENVIRONMENTAL RESTORATION, NAVY .............. 329,253 339,253 

PFOS/PFOA remediation increase ......................... [10,000 ] 

SUBTOTAL DEPARTMENT OF THE NAVY ... 329,253 339,253 

TOTAL ENVIRONMENTAL RESTORATION, NAVY .................................................... 329,253 339,253 

ENVIRONMENTAL RESTORATION, AIR FORCE 

DEPARTMENT OF THE AIR FORCE 

100 ENVIRONMENTAL RESTORATION, AIR FORCE .... 296,808 335,808 

PFOS/PFOA remediation increase ......................... [50,000 ] 

PFOS/PFOA remediation to ANG ........................... [–11,000 ] 

SUBTOTAL DEPARTMENT OF THE AIR 

FORCE ................................................................. 296,808 335,808 

TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE ......................................... 296,808 335,808 

ENVIRONMENTAL RESTORATION, DEFENSE 

DEFENSE-WIDE 

120 ENVIRONMENTAL RESTORATION, DEFENSE ....... 8,926 8,926 

SUBTOTAL DEFENSE-WIDE ............................. 8,926 8,926 

TOTAL ENVIRONMENTAL RESTORATION, DEFENSE ............................................ 8,926 8,926 

ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES 

DEFENSE-WIDE 

140 ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES ................................................................ 212,346 212,346 

SUBTOTAL DEFENSE-WIDE ............................. 212,346 212,346 

TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES ................ 212,346 212,346 

TOTAL OPERATION & MAINTENANCE .... 199,469,636 198,509,668 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS .......................................................... 1,179,339 1,464,739 

Realign OCO requirements from Base to OCO ........ [285,400 ] 

030 ECHELONS ABOVE BRIGADE ....................................... 25,983 25,983 

040 THEATER LEVEL ASSETS .............................................. 2,189,916 2,189,916 

050 LAND FORCES OPERATIONS SUPPORT ..................... 188,609 188,609 

060 AVIATION ASSETS ........................................................... 120,787 120,787 

070 FORCE READINESS OPERATIONS SUPPORT ............ 3,867,286 3,867,286 

080 LAND FORCES SYSTEMS READINESS ........................ 550,068 550,068 

090 LAND FORCES DEPOT MAINTENANCE ..................... 195,873 367,173 

Realign OCO requirements from Base to OCO ........ [171,300 ] 

100 BASE OPERATIONS SUPPORT ...................................... 109,560 109,560 

110 FACILITIES SUSTAINMENT .......................................... 60,807 60,807 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2393 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

140 ADDITIONAL ACTIVITIES .............................................. 5,992,222 5,992,222 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM .............................................................................. 10,000 10,000 

160 RESET ................................................................................. 1,036,454 1,036,454 

180 US AFRICA COMMAND ................................................... 248,796 248,796 

190 US EUROPEAN COMMAND ............................................ 98,127 98,127 

200 US SOUTHERN COMMAND ........................................... 2,550 2,550 

SUBTOTAL OPERATING FORCES ..................... 15,876,377 16,333,077 

MOBILIZATION 

230 ARMY PREPOSITIONED STOCKS ................................. 158,753 158,753 

SUBTOTAL MOBILIZATION ................................. 158,753 158,753 

ADMIN & SRVWIDE ACTIVITIES 

390 SERVICEWIDE TRANSPORTATION .............................. 712,230 712,230 

400 CENTRAL SUPPLY ACTIVITIES .................................... 44,168 44,168 

410 LOGISTIC SUPPORT ACTIVITIES ................................. 5,300 5,300 

420 AMMUNITION MANAGEMENT ..................................... 38,597 38,597 

460 OTHER PERSONNEL SUPPORT .................................... 109,019 109,019 

490 REAL ESTATE MANAGEMENT ..................................... 191,786 191,786 

565 CLASSIFIED PROGRAMS ................................................ 1,074,270 1,074,270 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 2,175,370 2,175,370 

TOTAL OPERATION & MAINTENANCE, 

ARMY ................................................................... 18,210,500 18,667,200 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

020 ECHELONS ABOVE BRIGADE ....................................... 20,700 20,700 

060 FORCE READINESS OPERATIONS SUPPORT ............ 700 700 

090 BASE OPERATIONS SUPPORT ...................................... 20,487 20,487 

SUBTOTAL OPERATING FORCES ..................... 41,887 41,887 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES .......................................................... 41,887 41,887 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS .......................................................... 42,519 42,519 

020 MODULAR SUPPORT BRIGADES .................................. 778 778 

030 ECHELONS ABOVE BRIGADE ....................................... 12,093 12,093 

040 THEATER LEVEL ASSETS .............................................. 708 708 

060 AVIATION ASSETS ........................................................... 28,135 28,135 

070 FORCE READINESS OPERATIONS SUPPORT ............ 5,908 5,908 

100 BASE OPERATIONS SUPPORT ...................................... 18,877 18,877 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................... 956 956 

SUBTOTAL OPERATING FORCES ..................... 109,974 109,974 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE COMMUNICATIONS ............................ 755 755 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ..... 755 755 

TOTAL OPERATION & MAINTENANCE, 

ARNG ................................................................... 110,729 110,729 

AFGHAN NATIONAL ARMY 

090 SUSTAINMENT ................................................................. 1,522,777 1,522,777 

100 INFRASTRUCTURE .......................................................... 137,732 137,732 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2394 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

110 EQUIPMENT AND TRANSPORTATION ........................ 71,922 71,922 

120 TRAINING AND OPERATIONS ...................................... 175,846 175,846 

SUBTOTAL AFGHAN NATIONAL ARMY .......... 1,908,277 1,908,277 

AFGHAN NATIONAL POLICE 

130 SUSTAINMENT ................................................................. 527,554 527,554 

140 INFRASTRUCTURE .......................................................... 42,984 42,984 

150 EQUIPMENT AND TRANSPORTATION ........................ 14,554 14,554 

160 TRAINING AND OPERATIONS ...................................... 181,922 181,922 

SUBTOTAL AFGHAN NATIONAL POLICE ....... 767,014 767,014 

AFGHAN AIR FORCE 

170 SUSTAINMENT ................................................................. 942,279 942,279 

180 INFRASTRUCTURE .......................................................... 30,350 30,350 

190 EQUIPMENT AND TRANSPORTATION ........................ 572,310 572,310 

200 TRAINING AND OPERATIONS ...................................... 277,191 277,191 

SUBTOTAL AFGHAN AIR FORCE ...................... 1,822,130 1,822,130 

AFGHAN SPECIAL SECURITY FORCES 

210 SUSTAINMENT ................................................................. 353,734 353,734 

220 INFRASTRUCTURE .......................................................... 43,132 43,132 

230 EQUIPMENT AND TRANSPORTATION ........................ 151,790 151,790 

240 TRAINING AND OPERATIONS ...................................... 153,373 153,373 

SUBTOTAL AFGHAN SPECIAL SECURITY 

FORCES .................................................................. 702,029 702,029 

TOTAL AFGHANISTAN SECURITY FORCES 

FUND ................................................................... 5,199,450 5,199,450 

COUNTER-ISIS TRAIN AND EQUIP FUND 

COUNTER-ISIS TRAIN AND EQUIP FUND 

(CTEF) 

010 IRAQ .................................................................................... 850,000 850,000 

020 SYRIA .................................................................................. 300,000 300,000 

030 OTHER ................................................................................ 250,000 250,000 

SUBTOTAL COUNTER-ISIS TRAIN AND 

EQUIP FUND (CTEF) .......................................... 1,400,000 1,400,000 

TOTAL COUNTER-ISIS TRAIN AND EQUIP 

FUND ................................................................... 1,400,000 1,400,000 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........... 435,507 435,507 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ....................................................................... 800 800 

040 AIR OPERATIONS AND SAFETY SUPPORT ................ 9,394 9,394 

050 AIR SYSTEMS SUPPORT ................................................. 193,384 193,384 

060 AIRCRAFT DEPOT MAINTENANCE ............................. 173,053 173,053 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............... 3,524 3,524 

080 AVIATION LOGISTICS ..................................................... 60,219 60,219 

090 MISSION AND OTHER SHIP OPERATIONS ................ 942,960 942,960 

100 SHIP OPERATIONS SUPPORT & TRAINING .............. 20,236 20,236 

110 SHIP DEPOT MAINTENANCE ........................................ 1,022,647 1,022,647 

130 COMBAT COMMUNICATIONS AND ELECTRONIC 

WARFARE ....................................................................... 59,553 59,553 

160 WARFARE TACTICS ......................................................... 16,651 16,651 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ............................................................................ 31,118 31,118 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2395 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

180 COMBAT SUPPORT FORCES ......................................... 635,560 635,560 

190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ........................................................ 4,334 4,334 

220 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ........................................................................ 24,800 24,800 

240 CYBERSPACE ACTIVITIES ............................................. 355 355 

280 WEAPONS MAINTENANCE ............................................ 493,033 493,033 

290 OTHER WEAPON SYSTEMS SUPPORT ........................ 12,780 12,780 

310 FACILITIES SUSTAINMENT .......................................... 67,321 67,321 

320 BASE OPERATING SUPPORT ........................................ 211,394 211,394 

SUBTOTAL OPERATING FORCES ..................... 4,418,623 4,418,623 

MOBILIZATION 

370 EXPEDITIONARY HEALTH SERVICES SYSTEMS ..... 12,902 12,902 

390 COAST GUARD SUPPORT ............................................... 165,000 165,000 

SUBTOTAL MOBILIZATION ................................. 177,902 177,902 

TRAINING AND RECRUITING 

430 SPECIALIZED SKILL TRAINING ................................... 51,138 51,138 

SUBTOTAL TRAINING AND RECRUITING ..... 51,138 51,138 

ADMIN & SRVWD ACTIVITIES 

510 ADMINISTRATION ........................................................... 4,145 4,145 

540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...................................................................... 7,503 7,503 

580 SERVICEWIDE TRANSPORTATION .............................. 69,297 69,297 

610 ACQUISITION, LOGISTICS, AND OVERSIGHT ........... 10,912 10,912 

650 INVESTIGATIVE AND SECURITY SERVICES ............. 1,559 1,559 

765 CLASSIFIED PROGRAMS ................................................ 16,076 16,076 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ..... 109,492 109,492 

TOTAL OPERATION & MAINTENANCE, 

NAVY .................................................................... 4,757,155 4,757,155 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ................................................. 734,505 734,505 

020 FIELD LOGISTICS ............................................................ 212,691 212,691 

030 DEPOT MAINTENANCE .................................................. 53,040 53,040 

070 BASE OPERATING SUPPORT ........................................ 23,047 23,047 

SUBTOTAL OPERATING FORCES ..................... 1,023,283 1,023,283 

TRAINING AND RECRUITING 

120 TRAINING SUPPORT ....................................................... 30,459 30,459 

SUBTOTAL TRAINING AND RECRUITING ..... 30,459 30,459 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION .............................. 61,400 61,400 

170 ADMINISTRATION ........................................................... 2,108 2,108 

225 CLASSIFIED PROGRAMS ................................................ 4,650 4,650 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ..... 68,158 68,158 

TOTAL OPERATION & MAINTENANCE, 

MARINE CORPS ............................................... 1,121,900 1,121,900 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

020 INTERMEDIATE MAINTENANCE ................................. 500 500 

030 AIRCRAFT DEPOT MAINTENANCE ............................. 11,400 11,400 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2396 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

080 COMBAT SUPPORT FORCES ......................................... 13,737 13,737 

SUBTOTAL OPERATING FORCES ..................... 25,637 25,637 

TOTAL OPERATION & MAINTENANCE, 

NAVY RES .......................................................... 25,637 25,637 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ...................................................... 2,550 2,550 

040 BASE OPERATING SUPPORT ........................................ 795 795 

SUBTOTAL OPERATING FORCES ..................... 3,345 3,345 

TOTAL OPERATION & MAINTENANCE, MC 

RESERVE ............................................................ 3,345 3,345 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ......................................... 166,274 166,274 

020 COMBAT ENHANCEMENT FORCES ............................ 1,492,580 1,492,580 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ........................................................................... 110,237 110,237 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ... 209,996 209,996 

050 FACILITIES SUSTAINMENT .......................................... 92,412 92,412 

060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM 

SUPPORT ........................................................................ 1,289,693 1,289,693 

070 FLYING HOUR PROGRAM .............................................. 2,355,264 2,355,264 

080 BASE SUPPORT ................................................................ 1,141,718 1,141,718 

090 GLOBAL C3I AND EARLY WARNING ........................... 13,537 13,537 

100 OTHER COMBAT OPS SPT PROGRAMS ....................... 224,713 224,713 

110 CYBERSPACE ACTIVITIES ............................................. 17,353 17,353 

120 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ................................................................................. 36,098 36,098 

130 LAUNCH FACILITIES ...................................................... 385 385 

140 SPACE CONTROL SYSTEMS .......................................... 38,966 38,966 

170 US NORTHCOM/NORAD ................................................. 725 725 

180 US STRATCOM .................................................................. 2,056 2,056 

190 US CYBERCOM ................................................................. 35,189 35,189 

200 US CENTCOM ................................................................... 162,691 162,691 

210 US SOCOM ......................................................................... 19,000 19,000 

SUBTOTAL OPERATING FORCES ..................... 7,408,887 7,408,887 

MOBILIZATION 

230 AIRLIFT OPERATIONS .................................................... 1,287,659 1,287,659 

240 MOBILIZATION PREPAREDNESS ................................. 107,064 107,064 

SUBTOTAL MOBILIZATION ................................. 1,394,723 1,394,723 

TRAINING AND RECRUITING 

280 OFFICER ACQUISITION ................................................. 300 300 

290 RECRUIT TRAINING ........................................................ 340 340 

330 SPECIALIZED SKILL TRAINING ................................... 25,327 25,327 

340 FLIGHT TRAINING .......................................................... 844 844 

350 PROFESSIONAL DEVELOPMENT EDUCATION ......... 1,199 1,199 

360 TRAINING SUPPORT ....................................................... 1,320 1,320 

SUBTOTAL TRAINING AND RECRUITING ..... 29,330 29,330 

ADMIN & SRVWD ACTIVITIES 

430 LOGISTICS OPERATIONS ............................................... 154,485 154,485 

440 TECHNICAL SUPPORT ACTIVITIES ............................ 13,608 13,608 

480 ADMINISTRATION ........................................................... 4,814 4,814 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2397 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

490 SERVICEWIDE COMMUNICATIONS ............................ 131,123 131,123 

500 OTHER SERVICEWIDE ACTIVITIES ............................ 97,471 97,471 

540 INTERNATIONAL SUPPORT .......................................... 240 240 

545 CLASSIFIED PROGRAMS ................................................ 51,108 51,108 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ..... 452,849 452,849 

TOTAL OPERATION & MAINTENANCE, 

AIR FORCE ........................................................ 9,285,789 9,285,789 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ... 51,000 51,000 

060 BASE SUPPORT ................................................................ 9,500 9,500 

SUBTOTAL OPERATING FORCES ..................... 60,500 60,500 

TOTAL OPERATION & MAINTENANCE, AF 

RESERVE ............................................................ 60,500 60,500 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS ............................... 3,560 3,560 

060 BASE SUPPORT ................................................................ 12,310 12,310 

SUBTOTAL OPERATING FORCES ..................... 15,870 15,870 

TOTAL OPERATION & MAINTENANCE, 

ANG ...................................................................... 15,870 15,870 

OPERATION AND MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .............................................. 28,671 28,671 

040 SPECIAL OPERATIONS COMMAND/OPERATING 

FORCES .......................................................................... 3,733,161 3,733,161 

SUBTOTAL OPERATING FORCES ..................... 3,761,832 3,761,832 

ADMIN & SRVWIDE ACTIVITIES 

100 DEFENSE CONTRACT AUDIT AGENCY ...................... 1,781 1,781 

110 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 21,723 21,723 

130 DEFENSE INFORMATION SYSTEMS AGENCY .......... 111,702 111,702 

150 DEFENSE LEGAL SERVICES AGENCY ........................ 127,023 127,023 

170 DEFENSE MEDIA ACTIVITY .......................................... 14,377 14,377 

190 DEFENSE SECURITY COOPERATION AGENCY ........ 2,208,442 1,458,442 

Coalition Support Funds ............................................ [–550,000 ] 

Transfer of funds to Ukraine Security Assistance 

fund ........................................................................... [–200,000 ] 

230 DEFENSE THREAT REDUCTION AGENCY ................. 302,250 302,250 

250 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................... 31,620 31,620 

290 OFFICE OF THE SECRETARY OF DEFENSE .............. 16,579 16,579 

310 WASHINGTON HEADQUARTERS SERVICES ............. 7,766 7,766 

315 CLASSIFIED PROGRAMS ................................................ 1,944,813 1,944,813 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 4,788,076 4,038,076 

TOTAL OPERATION AND MAINTENANCE, 

DEFENSE-WIDE ............................................... 8,549,908 7,799,908 

UKRAINE SECURITY ASSISTANCE 

UKRAINE SECURITY ASSISTANCE 

010 UKRAINE SECURITY ASSISTANCE ............................. 250,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2398 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2019 

Request 

Conference 

Authorized 

Program increase for defensive lethal assistance ..... [50,000 ] 

Transfer of funds from the Defense Security Cooperation Agency ..................................................... [200,000 ] 

SUBTOTAL UKRAINE SECURITY ASSISTANCE ....................................................................... 250,000 

TOTAL UKRAINE SECURITY ASSISTANCE 250,000 

TOTAL OPERATION & MAINTENANCE ....... 48,782,670 48,739,370 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2019 

Request 

Conference 

Authorized 

Military Personnel Appropriations ....................................... 140,689,301 139,524,021 

Foreign Currency adjustments ..................................................... [–133,000 ] 

Historical unobligated balances ................................................... [–1,308,500 ] 

JROTC program increase .............................................................. [1,220 ] 

Permanently reverse BAH reduction for Military Housing Privatization Initiative ................................................................... [275,000 ] 

Medicare-Eligible Retiree Health Fund Contributions .... 7,533,090 7,533,090 

Total, Military Personnel .................................................. 148,222,391 147,057,111 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2019 

Request 

Conference 

Authorized 

Military Personnel Appropriations ....................................... 4,660,661 4,660,661 

Total, Military Personnel Appropriations .................... 4,660,661 4,660,661 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2019 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2399 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2019 

Request 

Conference 

Authorized 

ARMY ARSENALS INITIATIVE ................................................. 59,002 59,002 

ARMY SUPPLY MANAGEMENT ................................................ 99,763 99,763 

TOTAL WORKING CAPITAL FUND, ARMY ................ 158,765 158,765 

WORKING CAPITAL FUND, AIR FORCE 

SUPPLY MANAGEMENT ............................................................ 69,054 69,054 

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 69,054 69,054 

WORKING CAPITAL FUND, DEFENSE-WIDE 

SUPPLY CHAIN MANAGEMENT—DEFENSE ........................ 48,096 48,096 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 48,096 48,096 

WORKING CAPITAL FUND, DECA 

COMMISSARY OPERATIONS .................................................... 1,266,200 1,266,200 

TOTAL WORKING CAPITAL FUND, DECA ................ 1,266,200 1,266,200 

CHEM AGENTS & MUNITIONS DESTRUCTION 

OPERATION & MAINTENANCE ............................................... 105,997 105,997 

RDT&E ........................................................................................... 886,728 886,728 

PROCUREMENT .......................................................................... 1,091 1,091 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ................................................................................... 993,816 993,816 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 547,171 547,171 

DRUG DEMAND REDUCTION PROGRAM .............................. 117,900 117,900 

NATIONAL GUARD COUNTER-DRUG PROGRAM ................. 117,178 137,178 

Combatting opioid trafficking and abuse ..................... [20,000 ] 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 5,276 5,276 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 787,525 807,525 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE ............................................... 327,611 327,611 

RDT&E ........................................................................................... 1,602 1,602 

PROCUREMENT .......................................................................... 60 60 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 329,273 329,273 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 9,738,569 9,698,569 

Other costs excess growth ............................................. [–16,000 ] 

Pharmaceuticals excess growth .................................... [–24,000 ] 

PRIVATE SECTOR CARE ............................................................ 15,103,735 15,103,735 

CONSOLIDATED HEALTH SUPPORT ...................................... 2,107,961 2,107,961 

INFORMATION MANAGEMENT ............................................... 2,039,878 2,039,878 

MANAGEMENT ACTIVITIES ..................................................... 307,629 307,629 

EDUCATION AND TRAINING ................................................... 756,778 759,278 

Specialized medical pilot program ................................ [2,500 ] 

BASE OPERATIONS/COMMUNICATIONS ............................... 2,090,845 2,090,845 

RESEARCH ................................................................................... 11,386 11,386 

EXPLORATRY DEVELOPMENT ................................................ 75,010 75,010 

ADVANCED DEVELOPMENT .................................................... 275,258 275,258 

DEMONSTRATION/VALIDATION ............................................. 117,529 117,529 

ENGINEERING DEVELOPMENT .............................................. 151,985 161,985 

FDA approved devices to detect and monitor traumatic brain injury ........................................................ [10,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2400 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2019 

Request 

Conference 

Authorized 

MANAGEMENT AND SUPPORT ................................................ 63,755 63,755 

CAPABILITIES ENHANCEMENT .............................................. 15,714 15,714 

INITIAL OUTFITTING ................................................................ 33,056 33,056 

REPLACEMENT & MODERNIZATION ..................................... 343,424 343,424 

DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ............................................................................. 496,680 496,680 

UNDISTRIBUTED ........................................................................ –365,500 

Historical unobligated balances .................................... [–365,500 ] 

TOTAL DEFENSE HEALTH PROGRAM ...................... 33,729,192 33,336,192 

TOTAL OTHER AUTHORIZATIONS ............................. 37,381,921 37,008,921 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2019 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

ARMY SUPPLY MANAGEMENT ................................................ 6,600 6,600 

TOTAL WORKING CAPITAL FUND, ARMY ................ 6,600 6,600 

WORKING CAPITAL FUND, AIR FORCE 

SUPPLY MANAGEMENT ............................................................ 8,590 8,590 

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 8,590 8,590 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 153,100 153,100 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 153,100 153,100 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE ............................................... 24,692 24,692 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 24,692 24,692 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 72,627 72,627 

PRIVATE SECTOR CARE ............................................................ 277,066 277,066 

CONSOLIDATED HEALTH SUPPORT ...................................... 2,375 2,375 

TOTAL DEFENSE HEALTH PROGRAM ...................... 352,068 352,068 

TOTAL OTHER AUTHORIZATIONS ............................. 545,050 545,050 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

Sec. 4602. Military construction for overseas contingency operations. 

SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Alabama 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2401 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Army Anniston Army 

Depot 

Weapon Maintenance Shop ...................... 5,200 5,200 

California 

Army Fort Irwin Multipurpose Range Complex .................. 29,000 29,000 

Colorado 

Army Fort Carson Vehicle Maintenance Shop ....................... 77,000 77,000 

Georgia 

Army Fort Gordon Cyber Instructional Fac and Network 

Ctr.

99,000 99,000 

Germany 

Army East Camp 

Grafenwoehr 

Mission Training Complex ....................... 31,000 31,000 

Hawaii 

Army Fort Shafter Command and Control Facility, Incr 4 ... 105,000 105,000 

Army Wheeler Army 

Airfield 

Rotary Wing Parking Apron .................... 0 50,000 

Honduras 

Army Soto Cano Air 

Base 

Barracks .................................................... 21,000 21,000 

Indiana 

Army Crane Army Ammunition Plant Railcar Holding Area ................................ 16,000 16,000 

Kentucky 

Army Fort Campbell Microgird and Power Plant ...................... 0 18,000 

Army Fort Campbell Vehicle Maintenance Shop ....................... 32,000 32,000 

Army Fort Knox Digital Air/Ground Integration Range .... 26,000 26,000 

Korea 

Army Camp Tango Command and Control Facility ............... 17,500 17,500 

Kuwait 

Army Camp Arifjan Vehicle Maintenance Shop ....................... 44,000 44,000 

Maryland 

Army Fort Meade Cantonment Area Roads .......................... 0 16,500 

New Jersey 

Army Picatinny Arsenal Munitions Disassembly Complex ............. 41,000 41,000 

New Mexico 

Army White Sands Missile Range Information Systems Facility ................... 40,000 40,000 

New York 

Army U.S. Military 

Academy 

Engineering Center ................................... 95,000 95,000 

Army U.S. Military 

Academy 

Parking Structure ..................................... 65,000 65,000 

North Carolina 

Army Fort Bragg Dining Facility .......................................... 10,000 10,000 

South Carolina 

Army Fort Jackson Trainee Barracks Complex 3, Ph2 ........... 52,000 52,000 

Texas 

Army Fort Bliss Supply Support Activity ........................... 24,000 24,000 

Army Fort Hood Supply Support Activity ........................... 0 9,600 

Virginia 

Army Arlington National Cemetery Arlington National Cemetery (DAR) ....... 0 30,000 

Worldwide Unspecified 

Army Unspecified 

Worldwide Locations 

Force Protection and Safety ..................... 0 35,000 

Army Unspecified 

Worldwide Locations 

Host Nation Support ................................. 34,000 34,000 

Army Unspecified 

Worldwide Locations 

Planning and Design ................................ 5,000 5,000 

Army Unspecified 

Worldwide Locations 

Planning and Design ................................ 71,068 71,068 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2402 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Army Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 72,000 72,000 

Military Construction, Army Total .............................................................. 1,011,768 1,170,868 

Arizona 

Navy Camp Navajo Missile Motor Magazines and U&SI ....... 0 14,800 

Bahamas 

Navy Andros Island AUTEC Austere Quarters ........................ 31,050 31,050 

Bahrain 

Navy SW Asia Fleet Maintenance Facility & TOC ......... 26,340 26,340 

California 

Navy Camp Pendleton 62 Area Mess Hall & Consolidated 

Warehouse.

0 0 

Navy Camp Pendleton AAV-ACV Maintenance & Warehouse 

Facility.

49,410 49,410 

Navy Camp Pendleton Electrical Upgrades .................................. 4,020 4,020 

Navy Camp Pendleton Full Motion Trainer Facility .................... 10,670 10,670 

Navy Camp Pendleton Potable Water Distribution Improvements.47,230 47,230 

Navy Camp Pendleton Supply Warehouse SOI-West ................... 0 16,600 

Navy Marine Corps Air 

Station 

Miramar 

Airfield Security Improvements ............... 11,500 11,500 

Navy Marine Corps Air 

Station 

Miramar 

F–35 Vertical Landing Pads and Taxiway.20,480 20,480 

Navy Naval Air Station 

Lemoore 

Communications Line Ops to Admin ...... 0 14,900 

Navy Naval Air Station 

Lemoore 

F–35 Maintenance Hangar ...................... 112,690 112,690 

Navy Naval Base Coronado Aircraft Paint Complex ............................ 0 0 

Navy Naval Base Coronado CMV–22B Airfield Improvements ........... 77,780 77,780 

Navy Naval Base San 

Diego 

Harbor Drive Switching Station .............. 48,440 48,440 

Navy Naval Base San 

Diego 

LCS Mission Module Readiness Center .. 0 19,500 

Navy Naval Base San 

Diego 

Pier 8 Replacement ................................... 108,100 48,747 

Navy Naval Base Ventura Directed Energy Systems Intergration 

Lab.

22,150 22,150 

Navy Naval Base Ventura Missile Assembly Build & High Explosive Mag.31,010 31,010 

Navy Naval Weapons 

Station Seal 

Beach 

Causeway, Boat Channel & Turning 

Basin.

117,830 77,830 

Navy Naval Weapons 

Station Seal 

Beach 

Missile Magazines ..................................... 0 21,800 

Cuba 

Navy Naval Station 

Guantanamo 

Bay 

Consolidated Fire Station ........................ 0 19,700 

Navy Naval Station 

Guantanamo 

Bay 

Solid Waste Management Facility ........... 85,000 85,000 

District of Columbia 

Navy Naval Observatory Master Time Clocks & Operations Facility.115,600 40,000 

Florida 

Navy Naval Air Station 

Whiting Field 

Air Traffic Control Tower (North Field) 0 10,000 

Navy Naval Station 

Mayport 

LCS Operational Training Facility Addition.29,110 29,110 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2403 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Navy Naval Station 

Mayport 

LCS Support Facility ................................ 82,350 82,350 

Georgia 

Navy Marine Corps 

Base Albany 

Welding and Body Repair Shop Facility 0 31,900 

Germany 

Navy Panzer Kaserne MARFOREUR HQ Modernization and 

Expansion.

43,950 43,950 

Guam 

Navy Joint Region Marianas ACE Gym & Dining .................................. 27,910 27,910 

Navy Joint Region Marianas Earth Covered Magazines ........................ 52,270 52,270 

Navy Joint Region Marianas Machine Gun Range ................................. 141,287 70,000 

Navy Joint Region Marianas Ordnance Ops ............................................ 22,020 22,020 

Navy Joint Region Marianas Unaccompanied Enlisted Housing ........... 36,170 36,170 

Navy Naval Base Guam X-Ray Wharf Improvements (Berth 2) .... 0 75,600 

Hawaii 

Navy Joint Base Pearl 

Harbor-Hickam 

Drydock Waterfront Facility .................... 45,000 45,000 

Navy Joint Base Pearl 

Harbor-Hickam 

Water Transmission Line ......................... 78,320 78,320 

Navy Marine Corps 

Base Hawaii 

Corrosion Control Hangar ........................ 66,100 66,100 

Japan 

Navy Kadena Air Base Tactical Operations Center ...................... 9,049 9,049 

Maine 

Navy Portsmouth Naval 

Yard 

Dry Dock #1 Superflood Basin ................. 109,960 71,400 

Navy Portsmouth Naval 

Yard 

Extend Portal Crane Rail ......................... 39,725 39,725 

Mississippi 

Navy Naval Construction Battalion 

Center 

Expeditionary Combat Skills Student 

Berthing.

0 22,300 

North Carolina 

Navy Camp Lejeune 2nd Radio BN Complex, Phase 2 ............. 0 51,300 

Navy Marine Corps Air 

Station Cherry 

Point 

Aircraft Maintenance Hangar .................. 133,970 60,000 

Navy Marine Corps Air 

Station Cherry 

Point 

Flightline Utility Modernization ............. 106,860 55,000 

Pennsylvania 

Navy Naval Support Activity Philadelphia 

Submarine Propulsor Manufacturing 

Support Fac.

71,050 71,050 

South Carolina 

Navy Marine Corps Air 

Station Beaufort 

Cryogenics Facility ................................... 0 6,300 

Navy Marine Corps Air 

Station Beaufort 

Recycling/Hazardous Waste Facility ....... 9,517 9,517 

Navy Marine Corps Recruit Depot, 

Parris Island 

Range Improvements & Modernization, 

Phase 2.

35,190 35,190 

Utah 

Navy Hill Air Force 

Base 

D5 Missile Motor Receipt/Storage Facility.105,520 55,000 

Virginia 

Navy Marine Corps 

Base Quantico 

Ammunition Supply Point Upgrade, 

Phase 2.

0 13,100 


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132 STAT. 2404 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Navy Marine Corps 

Base Quantico 

TBS Fire Station ....................................... 21,980 0 

Navy Portsmouth Ships Maintenance Facility ..................... 26,120 26,120 

Washington 

Navy Bangor Pier and Maintenance Facility ................ 88,960 88,960 

Navy Naval Air Station 

Whidbey Island 

Fleet Support Facility ............................... 19,450 19,450 

Navy Naval Air Station 

Whidbey Island 

Next Generation Jammer Facility ........... 7,930 7,930 

Worldwide Unspecified 

Navy Unspecified 

Worldwide Locations 

Force Protection and Safety ..................... 0 35,000 

Navy Unspecified 

Worldwide Locations 

Planning and Design ................................ 185,542 185,542 

Navy Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 28,579 28,579 

Military Construction, Navy Total .............................................................. 2,543,189 2,412,859 

Alaska 

AF Eielson Air Force 

Base 

F–35 Aircraft Maintenance Unit Admin 

Facility.

6,800 6,800 

AF Eielson Air Force 

Base 

F–35 Conventional Munitions Maintenance Fac.15,500 15,500 

AF Eielson Air Force 

Base 

F–35A CATM Range ................................. 19,000 19,000 

AF Eielson Air Force 

Base 

F–35A School Age Facility ....................... 22,500 22,500 

Arizona 

AF Davis-Monthan 

Air Force Base 

Age Facility ............................................... 0 15,000 

AF Luke Air Force 

Base 

F–35A Aircraft Maintenance Unit Facility.23,000 23,000 

AF Luke Air Force 

Base 

F–35A Squad Ops #6 ................................ 17,000 17,000 

Arkansas 

AF Little Rock Air 

Force Base 

Dormitory - 168 PN .................................. 0 0 

Florida 

AF Eglin Air Force 

Base 

F–35A Integrated Trng Center Academics Bldg.34,863 34,863 

AF Eglin Air Force 

Base 

F–35A Student Dormitory II .................... 28,000 28,000 

AF Macdill Air Force 

Base 

KC135 Beddown Add Flight Simulator 

Training.

3,100 3,100 

AF Patrick Air Force 

Base 

Main Gate .................................................. 0 9,000 

Guam 

AF Joint Region Marianas Hayman Munitions Storage Igloos MSA 

2.

9,800 9,800 

Louisiana 

AF Barksdale Air 

Force Base 

Entrance Road and Gate Complex .......... 0 12,250 

Mariana Islands 

AF Tinian APR—Cargo Pad with Taxiway Extension.46,000 46,000 

AF Tinian APR—Maintenance Support Facility ...... 4,700 4,700 

Maryland 

AF Joint Base Andrews Child Development Center ....................... 0 13,000 

AF Joint Base Andrews MWD Facility ............................................ 0 8,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2405 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

AF Joint Base Andrews PAR Relocate Haz Cargo Pad and EOD 

Range.

37,000 37,000 

AF Joint Base Andrews Presidential Aircraft Recap Complex, 

Inc. 2.

154,000 129,116 

Massachusetts 

AF Hanscom Air 

Force Base 

MIT-Lincoln Laboratory (West Lab CSL/ 

MIF).

225,000 105,000 

Nebraska 

AF Offutt Air Force 

Base 

Parking Lot, USSTRATCOM ................... 9,500 9,500 

Nevada 

AF Creech Air Force 

Base 

MQ–9 CPIP GCS Operations Facility ..... 28,000 28,000 

AF Creech Air Force 

Base 

MQ–9 CPIP Operations & Command 

Center Fac..

31,000 31,000 

AF Nellis Air Force 

Base 

CRH Simulator .......................................... 5,900 5,900 

New Mexico 

AF Holloman Air 

Force Base 

MQ–9 FTU Ops Facility ........................... 85,000 85,000 

AF Kirtland Air Force 

Base 

Wyoming Gate Upgrade for Anti-Terrorism Compliance.0 7,000 

New York 

AF Rome Lab Anti-Terrorism Perimeter Security / 

Entry Control Point.

0 14,200 

North Dakota 

AF Minot Air Force 

Base 

Consolidated Helo/TRF Ops/AMU and 

Alert Fac.

66,000 66,000 

Ohio 

AF Wright-Patterson 

Air Force Base 

ADAL Intelligence Production Complex 

(NASIC).

116,100 61,000 

Oklahoma 

AF Altus Air Force 

Base 

KC–46A FTU/FTC Simulator Facility Ph 

3.

12,000 12,000 

AF Tinker Air Force 

Base 

KC–46A Depot Fuel Maintenance Hangar.85,000 85,000 

AF Tinker Air Force 

Base 

KC–46A Depot Maintenance Hangar ...... 81,000 81,000 

Qatar 

AF Al Udeid Flightline Support Facilities .................... 30,400 0 

AF Al Udeid Personnel Deployment Processing Facility.40,000 0 

South Carolina 

AF Shaw Air Force 

Base 

CPIP MQ–9 MCE Group .......................... 53,000 53,000 

Texas 

AF Joint Base San 

Antonio 

BMT Recruit Dormitory 6 ........................ 25,000 25,000 

United Kingdom 

AF Royal Air Force 

Lakenheath 

F–35A 6 Bay Hangar ................................ 39,036 39,036 

AF Royal Air Force 

Lakenheath 

F–35A ADAL Conventional Munitions 

MX.

9,204 9,204 

AF Royal Air Force 

Lakenheath 

F–35A ADAL Parts Store ......................... 13,926 13,926 

AF Royal Air Force 

Lakenheath 

F–35A Age Facility ................................... 12,449 12,449 

AF Royal Air Force 

Lakenheath 

F–35A Dorm .............................................. 29,541 29,541 

AF Royal Air Force 

Lakenheath 

F–35A Fuel System Maintenance Dock 2 

Bay.

16,880 16,880 

AF Royal Air Force 

Lakenheath 

F–35A Parking Apron ............................... 27,431 27,431 

Utah 

AF Hill Air Force 

Base 

Composite Aircraft Antenna Calibration 

Fac.

0 26,000 

Washington 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2406 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

AF Fairchild—White 

Bluff 

ADAL JPRA C2 Mission Support Facility.0 14,000 

Worldwide Classified 

AF Classified Location TACMOR—Utilities and Infrastructure 

Support.

18,000 18,000 

Worldwide Unspecified 

AF Unspecified 

Worldwide Locations 

Force Protection and Safety ..................... 0 35,000 

AF Various Worldwide Locations Planning and Design ................................ 206,577 206,577 

AF Various Worldwide Locations Unspecified Minor Military Construction 38,500 38,500 

Military Construction, Air Force Total ...................................................... 1,725,707 1,608,773 

Alabama 

Def-Wide Anniston Army 

Depot 

Install Microgrid ....................................... 0 0 

Alaska 

Def-Wide Clear Air Force 

Station 

Long Range Discrim Radar Sys Complex 

Ph2.

174,000 130,000 

Def-Wide Fort Greely Missile Field #1 Expansion ...................... 8,000 8,000 

Def-Wide Joint Base Elmendorf-Richardson Operations Facility Replacement ............ 14,000 14,000 

Arkansas 

Def-Wide Little Rock Air 

Force Base 

Hydrant Fuel System Alterations ........... 14,000 14,000 

Belgium 

Def-Wide Chievres Air Base Europe West District Superintendent’s 

Office.

14,305 14,305 

California 

Def-Wide Camp Pendleton SOF EOD Facility—West ......................... 3,547 3,547 

Def-Wide Camp Pendleton SOF Human Performance Training Center-West.9,049 9,049 

Def-Wide Defense Distribution DepotTracy 

Main Access Control Point Upgrades ...... 18,800 18,800 

Def-Wide Naval Base Coronado SOF ATC Applied Instruction Facility .... 14,819 14,819 

Def-Wide Naval Base Coronado SOF ATC Training Facility ...................... 18,329 18,329 

Def-Wide Naval Base Coronado SOF Close Quarters Combat Facility ...... 12,768 12,768 

Def-Wide Naval Base Coronado SOF NSWG–1 Operations Support Facility.25,172 25,172 

Def-Wide NB Ventura 

County 

SNI Energy Storage System .................... 0 0 

Colorado 

Def-Wide Fort Carson SOF Human Performance Training Center.15,297 15,297 

Def-Wide Fort Carson SOF Mountaineering Facility .................. 9,000 9,000 

CONUS Classified 

Def-Wide Classified Location Battalion Complex, Ph2 ........................... 49,222 49,222 

Cuba 

Def-Wide Naval Base Guantanamo Bay Working Dog Treatment Facility Replacement.9,080 9,080 

Djibouti 

Def-Wide Camp Lemonnier ECIP-Install PV Ground Array ............... 0 0 

Germany 

Def-Wide Baumholder SOF Joint Parachute Rigging Facility .... 11,504 11,504 

Def-Wide Kaiserlautern Air 

Base 

Kaiserslautern Middle School .................. 99,955 99,955 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2407 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Def-Wide Rhine Ordnance 

Barracks 

Medical Center Replacement Inc. 8 ........ 319,589 319,589 

Def-Wide Weisbaden Clay Kaserne Elementary School ............ 56,048 56,048 

Greece 

Def-Wide NSA Souda Bay Energy Management Control Systems 

(EMCS).

0 0 

Guam 

Def-Wide Naval Base Guam P–691 NBG 74 Facilities Automated 

Controls.

0 0 

Hawaii 

Def-Wide Bellows AFB Expand PV and Provide Energy Resilience to Fire Crash Rescue.0 0 

Japan 

Def-Wide Camp McTureous Bechtel Elementary School ...................... 94,851 94,851 

Def-Wide Iwakuni Fuel Pier .................................................... 33,200 33,200 

Def-Wide Kadena Air Base Truck Unload Facilities ............................ 21,400 21,400 

Def-Wide Yokosuka Kinnick High School ................................. 170,386 40,000 

Kansas 

Def-Wide Salina Training 

Center 

PV/Water Conservation & Energy Resilience.0 0 

Kentucky 

Def-Wide Fort Campbell Ft Campbell Middle School ...................... 62,634 62,634 

Def-Wide Fort Campbell SOF Air/Ground Integ. Urban Live Fire 

Range.

9,091 9,091 

Def-Wide Fort Campbell SOF Logistics Support Operations Facility.

5,435 5,435 

Def-Wide Fort Campbell SOF Multi-Use Helicopter Training Facility.5,138 5,138 

Louisiana 

Def-Wide JRB NAS New 

Orleans 

Distribution Switchgear ........................... 0 0 

Maine 

Def-Wide Kittery Consolidated Warehouse Replacement ... 11,600 11,600 

Maryland 

Def-Wide Fort Meade Mission Support Operations Warehouse 

Facility.

30,000 30,000 

Def-Wide Fort Meade NSAW Recapitalize Building #2 Inc 4 .... 218,000 218,000 

Def-Wide Fort Meade NSAW Recapitalize Building #3 Inc 1 .... 99,000 99,000 

Missouri 

Def-Wide St Louis Next NGA West (N2W) Complex Phase 

1 Inc. 2.

213,600 181,000 

Def-Wide St Louis Next NGA West (N2W) Complex Phase 

2 Inc. 1.

110,000 110,000 

New Jersey 

Def-Wide Joint Base 

McGuire-DixLakehurst 

Hot Cargo Hydrant System Replacement 10,200 10,200 

North Carolina 

Def-Wide Fort Bragg SOF Replace Training Maze and Tower 12,109 12,109 

Def-Wide Fort Bragg SOF SERE Resistance Training Lab. 

Complex.

20,257 20,257 

Def-Wide New River Amb Care Center/Dental Clinic Replacement.32,580 32,580 

Oklahoma 

Def-Wide McAlester Bulk Diesel System Replacement ............ 7,000 7,000 

South Carolina 

Def-Wide MCAS Beaufort Electrical Hardening and Black Start 

CHP System.

0 0 

Texas 

Def-Wide Camp Mabry Install Microgrid ....................................... 0 0 

Def-Wide Joint Base San 

Antonio 

Energy Aerospace Operations Facility .... 10,200 10,200 

Def-Wide Red River Army 

Depot 

General Purpose Warehouse .................... 71,500 71,500 

United Kingdom 

Def-Wide Croughton RAF Ambulatory Care Center Addition/Alteration.10,000 0 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2408 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Virginia 

Def-Wide Fort A.P. Hill Training Campus ...................................... 11,734 11,734 

Def-Wide Fort Belvoir Human Performance Training Center .... 6,127 6,127 

Def-Wide Humphreys Engineer Center Maintenance and Supply Facility ............ 20,257 20,257 

Def-Wide Joint Base Langley-Eustis Fuel Facilities Replacement ..................... 6,900 6,900 

Def-Wide Joint Base Langley-Eustis Ground Vehicle Fueling Facility Replacement.5,800 5,800 

Def-Wide NAS Oceana Super Flight Line Electrical Distribtion 

System (FLEDS).

0 0 

Def-Wide Pentagon Exterior Infrastruc. & Security Improvements.23,650 23,650 

Def-Wide Pentagon North Village VACP & Fencing ............... 12,200 12,200 

Def-Wide Traning Center 

Dam Neck 

SOF Magazines ......................................... 8,959 8,959 

Washington 

Def-Wide Joint Base LewisMcChord Refueling Facility ...................................... 26,200 26,200 

Worldwide Unspecified 

Def-Wide Unspecified 

Worldwide Locations 

Contingency Construction ........................ 10,000 0 

Def-Wide Unspecified 

Worldwide Locations 

Energy Resilience and Conserv. Invest. 

Prog..

150,000 193,390 

Def-Wide Unspecified 

Worldwide Locations 

ERCIP Design ........................................... 10,000 15,000 

Def-Wide Unspecified 

Worldwide Locations 

Exercise Related Minor Construction ..... 12,479 12,479 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 55,925 55,925 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 496 496 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 2,036 2,036 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 14,300 14,300 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 14,184 6,184 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 5,000 5,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 10,000 10,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 13,642 13,642 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

Def-Wide Various Worldwide Locations Planning & Design .................................... 42,705 42,705 

Def-Wide Various Worldwide Locations Planning and Design ................................ 55,699 55,699 

Def-Wide Various Worldwide Locations Unspecified Minor Construction .............. 17,366 17,366 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2409 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Military Construction, Defense-Wide Total .............................................. 2,693,324 2,506,728 

Worldwide Unspecified 

NATO NATO Security 

Investment Program 

NATO Security Investment Program ...... 171,064 171,064 

NATO Security Investment Program Total ............................................... 171,064 171,064 

Alaska 

Army NG Joint Base Elmendorf-Richardson United States Property & Fiscal Office .. 27,000 27,000 

Illinois 

Army NG Marseilles Training Center Automated Record Fire Range ................. 5,000 5,000 

Montana 

Army NG Malta National Guard Readiness Center .......... 15,000 15,000 

Nevada 

Army NG North Las Vegas National Guard Readiness Center .......... 32,000 32,000 

New Hampshire 

Army NG Pembroke National Guard Readiness Center .......... 12,000 12,000 

North Dakota 

Army NG Fargo National Guard Readiness Center .......... 32,000 32,000 

Ohio 

Army NG Camp Ravenna Automated Multipurpose Machine Gun 

Range.

7,400 7,400 

Oklahoma 

Army NG Lexington Aircraft Vehicle Storage Building ........... 0 11,000 

Oregon 

Army NG Boardman Tactical Unmanned Aerial Vehicle 

Hangar.

0 11,000 

South Dakota 

Army NG Rapid City National Guard Readiness Center .......... 15,000 15,000 

Texas 

Army NG Houston Unheated Vehicle Storage (Aircraft) ....... 0 0 

Virginia 

Army NG Sandston Army Aviation Support Facility .............. 0 0 

Worldwide Unspecified 

Army NG Unspecified 

Worldwide Locations 

Planning and Design ................................ 16,622 16,622 

Army NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 18,100 18,100 

Military Construction, Army National Guard Total ............................... 180,122 202,122 

California 

Army Res Barstow ECS Modified TEMF / Warehouse .......... 34,000 34,000 

Washington 

Army Res Yakima Training 

Center 

ECS Modified TEMF ................................ 0 23,000 

Wisconsin 

Army Res Fort McCoy Transient Training Barracks ................... 23,000 23,000 

Worldwide Unspecified 

Army Res Unspecified 

Worldwide Locations 

Planning and Design ................................ 5,855 5,855 

Army Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 2,064 2,064 

Military Construction, Army Reserve Total ............................................. 64,919 87,919 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2410 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

California 

N/MC Res Naval Weapons 

Station Seal 

Beach 

Reserve Training Center .......................... 21,740 21,740 

Georgia 

N/MC Res Fort Benning Reserve Training Center .......................... 13,630 13,630 

Worldwide Unspecified 

N/MC Res Unspecified 

Worldwide Locations 

Planning & Design .................................... 4,695 4,695 

N/MC Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

Military Construction, Naval Reserve Total ............................................. 43,065 43,065 

California 

Air NG Channel Islands 

Air National 

Guard Station 

Construct C–130J Flight Simulator Facility.8,000 8,000 

Hawaii 

Air NG Joint Base Pearl 

Harbor-Hickam 

Construct Addition to F–22 LO/CRF 

B3408.

17,000 17,000 

Illinois 

Air NG Greater Peoria 

Regional Airport 

Construct New Fire Crash/Rescue Station.9,000 9,000 

Louisiana 

Air NG Naval Air Station 

Joint Reserve 

Base New Orleans 

NORTHCOM—Construct Alert Facilities 0 24,000 

Air NG Naval Air Station 

Joint Reserve 

Base New Orleans 

NORTHCOM—Construct Alert Apron .... 15,000 15,000 

Minnesota 

Air NG Duluth International Airport Construct Small Arms Range .................. 0 8,000 

Montana 

Air NG Great Falls International Airport Construct Aircraft Apron ......................... 0 9,000 

New York 

Air NG Francis S. 

Gabreski Airport 

Security Forces/Comm.Training Facility 20,000 20,000 

Ohio 

Air NG Mansfield Lahm 

Airport 

Replace Fire Station ................................. 0 13,000 

Air NG Rickenbacker 

International 

Airport 

Construct Small Arms Range .................. 0 8,000 

Pennsylvania 

Air NG Fort Indiantown 

Gap 

Replace Operations Training/Dining Hall 8,000 8,000 

Puerto Rico 

Air NG Luis Munoz 

Marin International 

Hurricane Maria—Communications Facility.0 0 

Air NG Luis Munoz 

Marin International Airport 

Hurricane Maria—Maintenance Hangar 0 0 

Virginia 

Air NG Joint Base Langley-Eustis Construct Cyber Ops Facility .................. 10,000 10,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2411 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Worldwide Unspecified 

Air NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 23,626 23,626 

Air NG Various Worldwide Locations Planning and Design ................................ 18,500 18,500 

Military Construction, Air National Guard Total ................................... 129,126 191,126 

Florida 

AF Res Patrick Air Force 

Base 

HC–130J Mx Hanger ................................ 0 24,000 

Indiana 

AF Res Grissom Air Reserve Base Add/Alter Aircraft Maintenance Hangar 12,100 12,100 

AF Res Grissom Air Reserve Base Aerial Port Facility ................................... 0 9,400 

Massachusetts 

AF Res Westover Air Reserve Base Regional ISO Mx Hanger ......................... 0 42,600 

Minnesota 

AF Res Minneapolis-St 

Paul International Airport 

Small Arms Range .................................... 9,000 0 

Mississippi 

AF Res Keesler Air Force 

Base 

Aeromedical Staging Squadron Facility .. 4,550 4,550 

New York 

AF Res Niagara Falls 

International 

Airport 

Physical Fitness Center ............................ 14,000 14,000 

Ohio 

AF Res Youngstown Air 

Reserve Station 

Relocation Main Gate ............................... 0 8,800 

Texas 

AF Res Naval Air Station 

Joint Reserve 

Base Fort 

Worth 

Munitions Training/Admin Facility ......... 3,100 0 

Worldwide Unspecified 

AF Res Unspecified 

Worldwide Locations 

Planning & Design .................................... 4,055 4,055 

AF Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,358 3,358 

Military Construction, Air Force Reserve Total ...................................... 50,163 122,863 

Germany 

FH Con Army Baumholder Family Housing Improvements ............... 32,000 32,000 

Italy 

FH Con Army Vicenza Family Housing New Construction ......... 95,134 95,134 

Korea 

FH Con Army Camp Humphreys Family Housing New Construction Incr 

3.

85,000 85,000 

FH Con Army Camp Walker Family Housing Replacement Construction.68,000 68,000 

Puerto Rico 

FH Con Army Fort Buchanan Family Housing Replacement Construction.26,000 26,000 

Wisconsin 

FH Con Army Fort McCoy Family Housing New Construction ......... 6,200 6,200 

Worldwide Unspecified 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2412 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

FH Con Army Unspecified 

Worldwide Locations 

Family Housing P & D ............................. 18,326 18,326 

Family Housing Construction, Army Total ............................................... 330,660 330,660 

Worldwide Unspecified 

FH Ops Army Unspecified 

Worldwide Locations 

Furnishings ............................................... 15,842 15,842 

FH Ops Army Unspecified 

Worldwide Locations 

Housing Privatization Support ................ 18,801 18,801 

FH Ops Army Unspecified 

Worldwide Locations 

Leasing ....................................................... 161,252 161,252 

FH Ops Army Unspecified 

Worldwide Locations 

Maintenance .............................................. 75,530 75,530 

FH Ops Army Unspecified 

Worldwide Locations 

Management .............................................. 36,302 36,302 

FH Ops Army Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 408 408 

FH Ops Army Unspecified 

Worldwide Locations 

Services ...................................................... 10,502 10,502 

FH Ops Army Unspecified 

Worldwide Locations 

Utilities ...................................................... 57,872 57,872 

Family Housing Operation And Maintenance, Army Total .................. 376,509 376,509 

Guam 

FH Con Navy Guam Joint Region Marianas ............................. 83,441 83,441 

Worldwide Unspecified 

FH Con Navy Unspecified 

Worldwide Locations 

Design, Washington DC ........................... 4,502 4,502 

FH Con Navy Unspecified 

Worldwide Locations 

Improvements, Washington DC ............... 16,638 16,638 

Family Housing Construction, Navy And Marine Corps Total ............ 104,581 104,581 

Worldwide Unspecified 

FH Ops Navy Unspecified 

Worldwide Locations 

Furnishings ............................................... 16,395 16,395 

FH Ops Navy Unspecified 

Worldwide Locations 

Housing Privatization Support ................ 21,767 21,767 

FH Ops Navy Unspecified 

Worldwide Locations 

Leasing ....................................................... 62,515 62,515 

FH Ops Navy Unspecified 

Worldwide Locations 

Maintenance .............................................. 86,328 86,328 

FH Ops Navy Unspecified 

Worldwide Locations 

Management .............................................. 50,870 50,870 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2413 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

FH Ops Navy Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 148 148 

FH Ops Navy Unspecified 

Worldwide Locations 

Services ...................................................... 16,261 16,261 

FH Ops Navy Unspecified 

Worldwide Locations 

Utilities ...................................................... 60,252 60,252 

Family Housing Operation And Maintenance, Navy And Marine 

Corps Total.

314,536 314,536 

Worldwide Unspecified 

FH Con AF Unspecified 

Worldwide Locations 

Construction Improvements ..................... 75,247 75,247 

FH Con AF Unspecified 

Worldwide Locations 

Planning & Design .................................... 3,199 3,199 

Family Housing Construction, Air Force Total ....................................... 78,446 78,446 

Worldwide Unspecified 

FH Ops AF Unspecified 

Worldwide Locations 

Furnishings ............................................... 30,645 30,645 

FH Ops AF Unspecified 

Worldwide Locations 

Housing Privatization Support ................ 22,205 22,205 

FH Ops AF Unspecified 

Worldwide Locations 

Leasing ....................................................... 15,832 15,832 

FH Ops AF Unspecified 

Worldwide Locations 

Maintenance .............................................. 129,763 129,763 

FH Ops AF Unspecified 

Worldwide Locations 

Management .............................................. 54,423 54,423 

FH Ops AF Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 2,171 2,171 

FH Ops AF Unspecified 

Worldwide Locations 

Services ...................................................... 13,669 13,669 

FH Ops AF Unspecified 

Worldwide Locations 

Utilities ...................................................... 48,566 48,566 

Family Housing Operation And Maintenance, Air Force Total ........... 317,274 317,274 

Worldwide Unspecified 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings ............................................... 1 1 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings ............................................... 643 643 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings ............................................... 416 416 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 13,046 13,046 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2414 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 38,232 38,232 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance .............................................. 121 121 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance .............................................. 1,542 1,542 

FH Ops DW Unspecified 

Worldwide Locations 

Management .............................................. 155 155 

FH Ops DW Unspecified 

Worldwide Locations 

Services ...................................................... 2 2 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities ...................................................... 4,100 4,100 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities ...................................................... 106 106 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities ...................................................... 9 9 

Family Housing Operation And Maintenance, Defense-Wide Total ... 58,373 58,373 

Worldwide Unspecified 

FHIF Unspecified 

Worldwide Locations 

Administrative Expenses—FHIF ............. 1,653 1,653 

DOD Family Housing Improvement Fund Total ..................................... 1,653 1,653 

Worldwide Unspecified 

UHIF Unaccompanied 

Housing Improvement 

Fund 

Administrative Expenses—UHIF ............ 600 600 

Unaccompanied Housing Improvement Fund Total ............................... 600 600 

Worldwide Unspecified 

BRAC Unspecified 

Worldwide Locations 

Base Realignment and Closure ................ 62,796 80,906 

Base Realignment and Closure—Army Total ........................................... 62,796 80,906 

Worldwide Unspecified 

BRAC Unspecified 

Worldwide Locations 

Base Realignment and Closure ................ 151,839 170,949 

Base Realignment and Closure—Navy Total ............................................ 151,839 170,949 

Worldwide Unspecified 

BRAC Unspecified 

Worldwide Locations 

Base Realignment and Closure ................ 52,903 71,013 

Base Realignment and Closure—Air Force Total .................................... 52,903 71,013 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2415 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2019 Request 

Conference 

Authorized 

Prior Year Savings 

PYS Prior Year Savings Prior Year Savings .................................... 0 –83,296 

Prior Year Savings Total ............................................................................... 0 –83,296 

Total, Military Construction ......................................................................... 10,462,617 10,339,591 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Service State/Country and Installation Project FY 2019 

Request 

Conference 

Authorized 

Bulgaria 

Army Nevo Selo FOS EDI: Ammunition Holding Area .................... 5,200 5,200 

Cuba 

Army Guantanamo Bay High Value Detention Facility ....................... 69,000 0 

Poland 

Army Drawsko Pomorski 

Training Area 

EDI: Staging Area .......................................... 17,000 17,000 

Army Powidz Air Base EDI: Ammunition Storage Facility ............... 52,000 52,000 

Army Powidz Air Base EDI: Bulk Fuel Storage .................................. 21,000 21,000 

Army Powidz Air Base EDI: Rail Extension & Railhead ................... 14,000 14,000 

Army Zagan Training Area EDI: Rail Extension and Railhead ................ 6,400 6,400 

Army Zagan Training Area EDI: Staging Area .......................................... 34,000 34,000 

Romania 

Army Mihail Kogalniceanu 

FOS 

EDI: Explosives & Ammo Load/Unload 

Apron.

21,651 21,651 

Worldwide Unspecified 

Army Unspecified Worldwide Locations EDI: Planning and Design ............................. 20,999 20,999 

Military Construction, Army Total ............................................................... 261,250 192,250 

Greece 

Navy Souda Bay EDI: Joint Mobility Processing Center ......... 41,650 41,650 

Navy Souda Bay EDI: Marathi Logistics Support Center ........ 6,200 6,200 

Italy 

Navy Sigonella EDI: P–8A Taxiway ........................................ 66,050 66,050 

Spain 

Navy Rota EDI: Port Operations Facilities ..................... 21,590 21,590 

United Kingdom 

Navy Lossiemouth EDI: P–8 Base Improvements ....................... 79,130 79,130 

Worldwide Unspecified 

Navy Unspecified Worldwide Locations EDI: Planning and Design ............................. 12,700 12,700 

Military Construction, Navy Total ................................................................ 227,320 227,320 

Germany 

AF Ramstein AB EDI: KME DABS-FEV/RH Storage Warehouses.119,000 119,000 

Norway 

AF Rygge EDI: Construct Taxiway ................................ 13,800 13,800 

Qatar 

AF Al Udeid Flight Line Support Facilities ....................... 0 30,400 

AF Al Udeid Personnel Deployment Processing Facility ... 0 40,000 

Slovakia 

AF Malacky EDI: Regional Munitions Storage Area ........ 59,000 59,000 

United Kingdom 

AF RAF Fairford EDI: Construct DABS-FEV Storage .............. 87,000 87,000 

AF RAF Fairford EDI: Munitions Holding Area ........................ 19,000 19,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
132 STAT. 2416 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Service State/Country and Installation Project FY 2019 

Request 

Conference 

Authorized 

Worldwide Unspecified 

AF Unspecified Worldwide Locations EDI: Planning & Design Funds ..................... 48,000 46,600 

Military Construction, Air Force Total ........................................................ 345,800 414,800 

Estonia 

Def-Wide Unspecified Estonia EDI: SOF Operations Facility ....................... 6,100 6,100 

Def-Wide Unspecified Estonia EDI: SOF Training Facility ........................... 9,600 9,600 

Qatar 

Def-Wide Al Udeid Trans-Regional Logistics Complex ................ 60,000 60,000 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide Locations EDI: Planning and Design ............................. 7,100 7,100 

Def-Wide Various Worldwide 

Locations 

EDI: Planning and Design ............................. 4,250 4,250 

Military Construction, Defense-Wide Total ................................................ 87,050 87,050 

Total, Military Construction ........................................................................... 921,420 921,420 

TITLE XLVII—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear Energy .............................................................. 136,090 136,090 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities .................................................. 11,017,078 11,192,664 

Defense nuclear nonproliferation .......................... 1,862,825 1,847,429 

Naval reactors ......................................................... 1,788,618 1,788,618 

Federal salaries and expenses ............................... 422,529 404,529 

Total, National nuclear security administration 15,091,050 15,233,240 

Environmental and other defense activities: 

Defense environmental cleanup ............................. 5,630,217 5,626,636 

Other defense activities .......................................... 853,300 853,300 

Defense nuclear waste disposal ............................. 30,000 0 

Total, Environmental & other defense activities 6,513,517 6,479,936 

Total, Atomic Energy Defense Activities ..................... 21,604,567 21,713,176 

Total, Discretionary Funding ....................................................... 21,740,657 21,849,266 

Nuclear Energy 

Idaho sitewide safeguards and security ..................................... 136,090 136,090 

Total, Nuclear Energy ..................................................................... 136,090 136,090 

Weapons Activities 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2417 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Directed stockpile work 

Life extension programs and major alterations 

B61–12 Life extension program .................................... 794,049 794,049 

W76–1 Life extension program ..................................... 48,888 48,888 

W88 Alt 370 .................................................................... 304,285 304,285 

W80–4 Life extension program ..................................... 654,766 654,766 

IW–1 ................................................................................ 53,000 53,000 

W76–2 Warhead modification program ........................ 65,000 65,000 

Total, Life extension programs and major alterations ................................................................................. 1,919,988 1,919,988 

Stockpile systems 

B61 Stockpile systems ................................................... 64,547 64,547 

W76 Stockpile systems .................................................. 94,300 94,300 

W78 Stockpile systems .................................................. 81,329 81,329 

W80 Stockpile systems .................................................. 80,204 80,204 

B83 Stockpile systems ................................................... 35,082 35,082 

W87 Stockpile systems .................................................. 83,107 83,107 

W88 Stockpile systems .................................................. 180,913 180,913 

Total, Stockpile systems ................................................... 619,482 619,482 

Weapons dismantlement and disposition 

Operations and maintenance ........................................ 56,000 56,000 

Stockpile services 

Production support ......................................................... 512,916 508,916 

Program decrease .................................................... [–4,000 ] 

Research and development support .............................. 38,129 38,129 

R&D certification and safety ......................................... 216,582 214,582 

Program decrease .................................................... [–2,000 ] 

Management, technology, and production ................... 300,736 300,736 

Total, Stockpile services .................................................. 1,068,363 1,062,363 

Strategic materials 

Uranium sustainment ................................................... 87,182 87,182 

Plutonium sustainment ................................................. 361,282 361,282 

Tritium sustainment ...................................................... 205,275 205,275 

Lithium sustainment ..................................................... 29,135 29,135 

Domestic uranium enrichment ..................................... 100,704 100,704 

Strategic materials sustainment .................................. 218,794 218,794 

Total, Strategic materials ................................................ 1,002,372 1,002,372 

Total, Directed stockpile work .............................................. 4,666,205 4,660,205 

Research, development, test and evaluation (RDT&E) 

Science 

Advanced certification ................................................... 57,710 57,710 

Primary assessment technologies ................................. 95,057 93,057 

Program decrease .................................................... [–2,000 ] 

Dynamic materials properties ....................................... 131,000 128,000 

Program decrease .................................................... [–3,000 ] 

Advanced radiography ................................................... 32,544 32,544 

Secondary assessment technologies .............................. 77,553 77,553 

Academic alliances and partnerships ........................... 53,364 53,364 

Enhanced Capabilities for Subcritical Experiments ... 117,632 80,000 

Total, Science ...................................................................... 564,860 522,228 

Engineering 

Enhanced surety ............................................................ 43,226 43,226 

Weapon systems engineering assessment technology 27,536 27,536 


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132 STAT. 2418 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Nuclear survivability ..................................................... 48,230 48,230 

Enhanced surveillance ................................................... 58,375 50,000 

Program decrease .................................................... [–8,375 ] 

Stockpile Responsiveness .............................................. 34,000 40,000 

Program increase .................................................... [6,000 ] 

Total, Engineering ............................................................. 211,367 208,992 

Inertial confinement fusion ignition and high yield 

Ignition ........................................................................... 22,434 69,575 

Maintain sustainable levels ................................... [47,141 ] 

Support of other stockpile programs ............................ 17,397 22,565 

Maintain sustainable levels ................................... [5,168 ] 

Diagnostics, cryogenics and experimental support ..... 51,453 77,194 

Maintain sustainable levels ................................... [22,741 ] 

Tokamak support .................................................... [3,000 ] 

Pulsed power inertial confinement fusion .................... 8,310 7,596 

Program decrease .................................................... [–714 ] 

Joint program in high energy density laboratory 

plasmas ....................................................................... 0 9,492 

Program increase .................................................... [9,492 ] 

Facility operations and target production .................... 319,333 334,791 

Maintain sustainable levels ................................... [15,458 ] 

Total, Inertial confinement fusion and high yield .... 418,927 521,213 

Advanced simulation and computing 

Advanced simulation and computing ........................... 656,401 656,401 

Construction: 

18–D–670, Exascale Class Computer Cooling 

Equipment, LANL ............................................... 24,000 24,000 

18–D–620, Exascale Computing Facility Modernization Project, LLNL .................................... 23,000 23,000 

Total, Construction .................................................... 47,000 47,000 

Total, Advanced simulation and computing ............... 703,401 703,401 

Advanced manufacturing 

Additive manufacturing ................................................. 17,447 17,447 

Component manufacturing development ..................... 48,477 45,784 

Program decrease .................................................... [–2,693 ] 

Process technology development ................................... 30,914 30,914 

Total, Advanced manufacturing .................................... 96,838 94,145 

Total, RDT&E ............................................................................. 1,995,393 2,049,979 

Infrastructure and operations 

Operations of facilities .......................................................... 891,000 880,000 

Safety and environmental operations .................................. 115,000 110,000 

Maintenance and repair of facilities .................................... 365,000 404,000 

Address high-priority repair needs and preventive 

maintenance ................................................................ [39,000 ] 

Recapitalization: 

Infrastructure and safety .............................................. 431,631 498,631 

Support high-priority deferred maintenance ........ [67,000 ] 

Capability based investments ....................................... 109,057 113,057 

Program increase .................................................... [4,000 ] 

Total, Recapitalization ..................................................... 540,688 611,688 

Construction: 

19–D–670, 138kV Power Transmission System Replacement, NNSS ....................................................... 6,000 6,000 

19–D–660, Lithium Production Capability, Y–12 ....... 19,000 19,000 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2419 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

18–D–680, Material Staging Facility, Pantex ............. 0 24,000 

18–D–650, Tritium Production Capability, SRS ......... 27,000 27,000 

17–D–710, West End Protected Area reduction 

Project, Y–12 ............................................................... 0 0 

17–D–640, U1a Complex Enhancements Project, 

NNSS ........................................................................... 53,000 53,000 

16–D–515, Albuquerque complex project ..................... 47,953 47,953 

14–D–710, DAF Argus project, NNSS .......................... 0 0 

06–D–141 Uranium processing facility Y–12, Oak 

Ridge, TN .................................................................... 703,000 703,000 

04–D–125 Chemistry and metallurgy research facility replacement project, LANL .................................. 235,095 235,095 

Total, Construction ........................................................... 1,091,048 1,115,048 

Total, Infrastructure and operations ................................... 3,002,736 3,120,736 

Secure transportation asset 

Operations and equipment ................................................... 176,617 176,617 

Program direction ................................................................. 102,022 102,022 

Total, Secure transportation asset ....................................... 278,639 278,639 

Defense nuclear security 

Operations and maintenance ............................................... 690,638 699,638 

Physical security infrastructure recapitalization and 

CSTART ...................................................................... [9,000 ] 

Total, Defense nuclear security ............................................ 690,638 699,638 

Information technology and cybersecurity ................................. 221,175 221,175 

Legacy contractor pensions .......................................................... 162,292 162,292 

Total, Weapons Activities ............................................................... 11,017,078 11,192,664 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Global material security 

International nuclear security ...................................... 46,339 46,339 

Domestic radiological security ...................................... 90,764 90,764 

International radiological security ............................... 59,576 59,576 

Nuclear smuggling detection and deterrence .............. 140,429 130,429 

Program decrease .................................................... [–10,000 ] 

Total, Global material security ...................................... 337,108 327,108 

Material management and minimization 

HEU reactor conversion ................................................ 98,300 88,300 

Program decrease .................................................... [–10,000 ] 

Nuclear material removal ............................................. 32,925 32,925 

Material disposition ....................................................... 200,869 200,869 

Total, Material management & minimization ............ 332,094 322,094 

Nonproliferation and arms control ...................................... 129,703 129,703 

Defense nuclear nonproliferation R&D ............................... 456,095 468,095 

Acceleration of low-yield detection experiments .......... [6,000 ] 

Future nuclear proliferation challenges, including 3D 

printing ....................................................................... [6,000 ] 

Nonproliferation Construction: 

18–D–150 Surplus Plutonium Disposition Project ...... 59,000 59,000 

99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS ................................................................... 220,000 220,000 

Total, Nonproliferation construction ........................... 279,000 279,000 


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132 STAT. 2420 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Total, Defense Nuclear Nonproliferation Programs ........ 1,534,000 1,526,000 

Low Enriched Uranium R&D for Naval Reactors ..................... 0 10,000 

Direct support to low-enriched uranium R&D for Naval 

Reactors .............................................................................. [10,000 ] 

Legacy contractor pensions .......................................................... 28,640 28,640 

Nuclear counterterrorism and incident response program ....... 319,185 319,185 

Use of prior year balances ........................................................... –19,000 –36,396 

Total, Defense Nuclear Nonproliferation .................................. 1,862,825 1,847,429 

Naval Reactors 

Naval reactors development ........................................................ 514,951 514,951 

Columbia-Class reactor systems development ........................... 138,000 138,000 

S8G Prototype refueling .............................................................. 250,000 250,000 

Naval reactors operations and infrastructure ............................ 525,764 525,764 

Construction: 

19–D–930, KS Overhead Piping .......................................... 10,994 10,994 

17–D–911, BL Fire System Upgrade ................................... 13,200 13,200 

14–D–901 Spent fuel handling recapitalization project, 

NRF .................................................................................... 287,000 287,000 

Total, Construction .................................................................. 311,194 311,194 

Program direction ......................................................................... 48,709 48,709 

Total, Naval Reactors ...................................................................... 1,788,618 1,788,618 

Federal Salaries And Expenses 

Program direction ......................................................................... 422,529 404,529 

Program decrease .................................................................. [–18,000 ] 

Total, Office Of The Administrator ............................................. 422,529 404,529 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ................................................ 4,889 4,889 

Richland: 

River corridor and other cleanup operations ...................... 89,577 89,577 

Central plateau remediation ................................................ 562,473 612,473 

Accelerated remediation of 300–296 

waste site ........................................ [50,000 ] 

Richland community and regulatory support ..................... 5,121 5,121 

Construction: 

18–D–404 WESF Modifications and Capsule Storage 1,000 1,000 

Total, Construction ........................................................... 1,000 1,000 

Total, Hanford site .................................................................... 658,171 708,171 

Office of River Protection: 

Waste Treatment Immobilization Plant Commissioning ... 15,000 15,000 

Rad liquid tank waste stabilization and disposition .......... 677,460 677,460 

Construction: 

15–D–409 Low activity waste pretreatment system, 

ORP ............................................................................. 56,053 56,053 

01–D–416 A-D WTP Subprojects A-D .......................... 675,000 675,000 

01–D–416 E—Pretreatment Facility ............................ 15,000 15,000 

Total, Construction ........................................................... 746,053 746,053 

Total, Office of River protection ........................................... 1,438,513 1,438,513 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2421 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Idaho National Laboratory: 

SNF stabilization and disposition—2012 ............................ 17,000 17,000 

Solid waste stabilization and disposition ............................ 148,387 148,387 

Radioactive liquid tank waste stabilization and disposition ...................................................................................... 137,739 137,739 

Soil and water remediation—2035 ...................................... 42,900 42,900 

Idaho community and regulatory support ........................... 3,200 3,200 

Total, Idaho National Laboratory ......................................... 349,226 349,226 

NNSA sites and Nevada off-sites 

Lawrence Livermore National Laboratory .......................... 1,704 1,704 

Nuclear facility D & D 

Separations Process Research Unit .............................. 15,000 15,000 

Nevada ............................................................................ 60,136 60,136 

Sandia National Laboratories ....................................... 2,600 2,600 

Los Alamos National Laboratory .................................. 191,629 191,629 

Total, NNSA sites and Nevada off-sites ............................... 271,069 271,069 

Oak Ridge Reservation: 

OR Nuclear facility D & D 

OR-0041—D&D - Y–12 .................................................. 30,214 30,214 

OR-0042—D&D -ORNL ................................................. 60,007 60,007 

Total, OR Nuclear facility D & D ................................... 90,221 90,221 

U233 Disposition Program ................................................... 45,000 45,000 

OR cleanup and waste disposition 

OR cleanup and disposition .......................................... 67,000 67,000 

Construction: 

17–D–401 On-site waste disposal facility ............. 5,000 5,000 

14–D–403 Outfall 200 Mercury Treatment Facility ......................................................................... 11,274 11,274 

Total, Construction .................................................... 16,274 16,274 

Total, OR cleanup and waste disposition .................... 83,274 83,274 

OR community & regulatory support .................................. 4,711 4,711 

OR technology development and deployment ..................... 3,000 3,000 

Total, Oak Ridge Reservation ................................................ 226,206 226,206 

Savannah River Sites: 

Nuclear Material Management ............................................ 351,331 351,331 

Environmental Cleanup 

Environmental Cleanup ................................................ 166,105 166,105 

Construction: 

18–D–402, Emergency Operations Center ............ 1,259 1,259 

Total, Environmental Cleanup ....................................... 167,364 167,364 

SR community and regulatory support ............................... 4,749 4,749 

Radioactive liquid tank waste stabilization and disposition ........................................................................ 805,686 752,105 

Construction: 

18–D–401, SDU #8/9 .............................................. 37,450 37,450 

17–D–402—Saltstone Disposal Unit #7 ................ 41,243 41,243 

05–D–405 Salt waste processing facility, Savannah River Site ...................................................... 65,000 65,000 

Total, Construction .................................................... 143,693 143,693 

Total, Savannah River site ..................................................... 1,472,823 1,419,242 


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132 STAT. 2422 PUBLIC LAW 115–232—AUG. 13, 2018 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Waste Isolation Pilot Plant 

Operations and maintenance ............................................... 220,000 220,000 

Central characterization project .......................................... 19,500 19,500 

Critical Infrastructure Repair/Replacement ....................... 46,695 46,695 

Transportation ....................................................................... 25,500 25,500 

Construction: 

15–D–411 Safety significant confinement ventilation 

system, WIPP ............................................................. 84,212 84,212 

15–D–412 Exhaust shaft, WIPP ................................... 1,000 1,000 

Total, Construction ........................................................... 85,212 85,212 

Total, Waste Isolation Pilot Plant ......................................... 396,907 396,907 

Program direction ......................................................................... 300,000 300,000 

Program support ........................................................................... 6,979 6,979 

Minority Serving Institution Partnership .................................. 6,000 6,000 

Safeguards and Security 

Oak Ridge Reservation ......................................................... 14,023 14,023 

Paducah ................................................................................. 15,577 15,577 

Portsmouth ............................................................................ 15,078 15,078 

Richland/Hanford Site .......................................................... 86,686 86,686 

Savannah River Site ............................................................. 183,357 183,357 

Waste Isolation Pilot Project ................................................ 6,580 6,580 

West Valley ............................................................................ 3,133 3,133 

Total, Safeguards and Security ............................................. 324,434 324,434 

Technology development .............................................................. 25,000 25,000 

HQEF-0040—Excess Facilities .................................................... 150,000 150,000 

Total, Defense Environmental Cleanup ..................................... 5,630,217 5,626,636 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security ........................... 135,194 135,194 

Program direction ................................................................. 70,653 70,653 

Total, Environment, Health, safety and security ............. 205,847 205,847 

Independent enterprise assessments 

Independent enterprise assessments ................................... 24,068 24,068 

Program direction ................................................................. 52,702 52,702 

Total, Independent enterprise assessments ....................... 76,770 76,770 

Specialized security activities ...................................................... 254,378 254,378 

Office of Legacy Management 

Legacy management ............................................................. 140,575 140,575 

Program direction ................................................................. 18,302 18,302 

Total, Office of Legacy Management ................................... 158,877 158,877 

Defense related administrative support 

Chief financial officer ............................................................ 48,484 48,484 

Chief information officer ....................................................... 96,793 96,793 

Project management oversight and Assessments ............... 8,412 8,412 

Total, Defense related administrative support ................. 153,689 145,277 

Office of hearings and appeals .................................................... 5,739 5,739 

Subtotal, Other defense activities ............................................... 855,300 855,300 

Rescission of prior year balances (OHA) .................................... –2,000 –2,000 

Total, Other Defense Activities .................................................... 853,300 853,300 

Defense Nuclear Waste Disposal 


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PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 2423 

LEGISLATIVE HISTORY—H.R. 5515: 

HOUSE REPORTS: Nos. 115–676, Pts. 1 and 2 (both from Comm. on Armed 

Services), and 115–863 and 115–874 (both from Comm. of 

Conference). 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

May 22–24, considered and passed House. 

June 11–14, 18, considered and passed Senate, amended. 

June 24, House recommitted conference report pursuant to H. Res. 1019. 

July 26, House agreed to conference report. Senate considered conference 

report. 

Aug. 1, Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 

Aug. 13, Presidential remarks and statement. 

Æ 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2019 

Request 

Conference 

Authorized 

Yucca mountain and interim storage ......................................... 30,000 0 

Program cut ........................................................................... [–30,000 ] 

Total, Defense Nuclear Waste Disposal ...................................... 30,000 0 

Approved August 13, 2018. 


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