PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1283 

Public Law 115–91 

115th Congress 

An Act 

To authorize appropriations for fiscal year 2018 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. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2018’’. 

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. Authority to expedite procurement of 7.62mm rifles. 

Sec. 112. Limitation on availability of funds for Increment 2 of the Warfighter Information Network-Tactical program. 

Sec. 113. Limitation on availability of funds for upgrade of M113 vehicles. 

Subtitle C—Navy Programs 

Sec. 121. Aircraft carriers. 

Sec. 122. Icebreaker vessel. 

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers. 

Sec. 124. Multiyear procurement authority for Virginia class submarine program. 

Sec. 125. Design and construction of the lead ship of the amphibious ship replacement designated LX(R) or amphibious transport dock designated LPD– 

30. 

Sec. 126. Multiyear procurement authority for V–22 Osprey aircraft. 

Sec. 127. Extension of limitation on use of sole-source shipbuilding contracts for 

certain vessels. 

National Defense 

Authorization 

Act for Fiscal 

Year 2018. 

Dec. 12, 2017 

[H.R. 2810] 


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Sec. 128. Limitation on availability of funds for the enhanced multi-mission parachute system. 

Sec. 129. Report on Navy capacity to increase production of certain rotary wing aircraft. 

Subtitle D—Air Force Programs 

Sec. 131. Inventory requirement for Air Force fighter aircraft. 

Sec. 132. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft. 

Sec. 133. Requirement for continuation of JSTARS aircraft recapitalization program. 

Sec. 134. Limitation on selection of single contractor for C–130H avionics modernization program increment 2. 

Sec. 135. Limitation on availability of funds for EC–130H Compass Call recapitalization program. 

Sec. 136. Limitation on retirement of U–2 and RQ–4 aircraft. 

Sec. 137. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft. 

Sec. 138. Plan for modernization of the radar for F–16 fighter aircraft of the National Guard. 

Sec. 139. Comptroller General review of Air Force fielding plan for HH–60 replacement programs. 

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

Sec. 141. F–35 economic order quantity contracting authority. 

Sec. 142. Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities. 

Sec. 143. Requirement that certain aircraft and unmanned aerial vehicles use 

specified standard data link. 

Sec. 144. Reinstatement of requirement to preserve certain C–5 aircraft; mobility 

capability and requirements study. 

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. Cost controls for presidential aircraft recapitalization program. 

Sec. 212. Capital investment authority. 

Sec. 213. Prizes for advanced technology achievements. 

Sec. 214. Joint Hypersonics Transition Office. 

Sec. 215. Department of Defense directed energy weapon system prototyping and 

demonstration program. 

Sec. 216. Appropriate use of authority for prototype projects. 

Sec. 217. Mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. 

Sec. 218. Modification of laboratory quality enhancement program. 

Sec. 219. Reauthorization of Department of Defense Established Program to Stimulate Competitive Research. 

Sec. 220. Codification and enhancement of authorities to provide funds for defense 

laboratories for research and development of technologies for military 

missions. 

Sec. 221. Expansion of definition of competitive procedures to include competitive 

selection for award of science and technology proposals. 

Sec. 222. Inclusion of modeling and simulation in test and evaluation activities for 

purposes of planning and budget certification. 

Sec. 223. Limitation on availability of funds for F–35 Joint Strike Fighter FollowOn Modernization. 

Sec. 224. Improvement of update process for populating mission data files used in 

advanced combat aircraft. 

Sec. 225. Support for national security innovation and entrepreneurial education. 

Sec. 226. Limitation on cancellation of designation Executive Agent for a certain 

Defense Production Act program. 

Subtitle C—Reports and Other Matters 

Sec. 231. Columbia-class program accountability matrices. 

Sec. 232. Review of barriers to innovation in research and engineering activities of 

the Department of Defense. 

Sec. 233. Pilot program to improve incentives for technology transfer from Department of Defense laboratories. 

Sec. 234. Competitive acquisition plan for low probability of detection data link networks. 


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Sec. 235. Clarification of selection dates for pilot program for the enhancement of 

the research, development, test, and evaluation centers of the Department of Defense. 

Sec. 236. Requirement for a plan to build a prototype for a new ground combat vehicle for the Army. 

Sec. 237. Plan for successfully fielding the Integrated Air and Missile Defense Battle Command System. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Military Aviation and Installation Assurance Siting Clearinghouse. 

Sec. 312. Energy performance goals and master plan. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in 

connection with Umatilla Chemical Depot, Oregon. 

Sec. 314. Payment to Environmental Protection Agency of stipulated penalty in 

connection with Longhorn Army Ammunition Plant, Texas. 

Sec. 315. Department of the Army cleanup and removal of petroleum, oil, and lubricant associated with the Prinz Eugen. 

Sec. 316. Centers for Disease Control study on health implications of per- and 

polyfluoroalkyl substances contamination in drinking water. 

Sec. 317. Sentinel Landscapes Partnership. 

Sec. 318. Report on release of radium or radioactive material into the groundwater 

near the industrial reserve plant in Bethpage, New York. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Reauthorization of multi-trades demonstration project. 

Sec. 322. Increased percentage of sustainment funds authorized for realignment to 

restoration and modernization at each installation. 

Sec. 323. Guidance regarding use of organic industrial base. 

Subtitle D—Reports 

Sec. 331. Quarterly reports on personnel and unit readiness. 

Sec. 332. Biennial report on core depot-level maintenance and repair capability. 

Sec. 333. Annual report on personnel, training, and equipment needs of non-federalized National Guard. 

Sec. 334. Annual report on military working dogs used by the Department of Defense. 

Sec. 335. Report on effects of climate change on Department of Defense. 

Sec. 336. Report on optimization of training in and management of special use airspace. 

Sec. 337. Plan for modernized, dedicated Department of the Navy adversary air 

training enterprise. 

Sec. 338. Updated guidance regarding biennial core report. 

Subtitle E—Other Matters 

Sec. 341. Explosive safety board. 

Sec. 342. Servicewomen’s commemorative partnerships. 

Sec. 343. Limitation on availability of funds for advanced skills management software system of the Navy. 

Sec. 344. Cost-benefit analysis of uniform specifications for Afghan military or security forces. 

Sec. 345. Temporary installation reutilization authority for arsenals, depots, and 

plants. 

Sec. 346. Comprehensive plan for sharing depot-level maintenance best practices. 

Sec. 347. Pilot program for operation and maintenance budget presentation. 

Sec. 348. Repurposing and reuse of surplus Army firearms. 

Sec. 349. Department of the Navy marksmanship awards. 

Sec. 350. Civilian training for National Guard pilots and sensor operator aircrews 

of MQ–9 unmanned aerial vehicles. 

Sec. 351. Training for National Guard personnel on wildfire response. 

Sec. 352. Modification of the Second Division Memorial. 

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. 


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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. Fiscal year 2018 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. Sec. 416. Number of members of the National Guard on full-time duty in support 

of the reserves within the National Guard Bureau. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance to their selection. 

Sec. 502. Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment. Sec. 503. Modification of requirement for specification of number of officers who 

may be recommended for early retirement by a Selective Early Retirement Board. 

Sec. 504. Extension of service-in-grade waiver authority for voluntary retirement of 

certain general and flag officers for purposes of enhanced flexibility in 

officer personnel management. Sec. 505. Inclusion of Principal Military Deputy to the Assistant Secretary of the 

Army for Acquisition, Technology, and Logistics among officers subject 

to repeal of statutory specification of general officer grade. Sec. 506. Clarification of effect of repeal of statutory specification of general or flag 

officer grade for various positions in the Armed Forces. Sec. 507. Standardization of authorities in connection with repeal of statutory specification of general officer grade for the Dean of the Academic Board of 

the United States Military Academy and the Dean of the Faculty of the 

United States Air Force Academy. Sec. 508. Flexibility in promotion of officers to positions of Staff Judge Advocate to 

the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy or Air Force. Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates General of 

the Navy as of repeal of statutory specification of general and flag officers grades in the Armed Forces. 

Subtitle B—Reserve Component Management 

Sec. 511. Equal treatment of orders to serve on active duty under sections 12304a 

and 12304b of title 10, United States Code. 

Sec. 512. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer. Sec. 513. Consolidation of authorities to order members of the reserve components 

of the Armed Forces to perform duty. Sec. 514. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters. 

Subtitle C—General Service Authorities 

PART I—MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY RECORDS

Sec. 520. Consideration of additional medical evidence by Boards for the Correction 

of Military Records and liberal consideration of evidence relating to 

post-traumatic stress disorder or traumatic brain injury. Sec. 521. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the 

claims involve sexual assault. 

Sec. 522. Confidential review of characterization of terms of discharge of members 

who are victims of sex-related offenses. 

Sec. 523. Training requirements for members of boards for the correction of military records and personnel who investigate claims of retaliation. 

Sec. 524. Pilot program on use of video teleconferencing technology by boards for 

the correction of military records and discharge review boards. 

PART II—OTHER GENERAL SERVICE AUTHORITIES

Sec. 526. Modification of basis for extension of period for enlistment in the Armed 

Forces under the Delayed Entry Program. 


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Sec. 527. Reauthorization of authority to order retired members to active duty in 

high-demand, low-density assignments. 

Sec. 528. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits. 

Sec. 529. Extension of authority of the Secretary of Veterans Affairs to provide for 

the conduct of medical disability examinations by contract physicians. 

Sec. 530. Provision of information on naturalization through military service. 

Subtitle D—Military Justice and Other Legal Issues 

Sec. 531. Clarifying amendments related to the Uniform Code of Military Justice 

reform by the Military Justice Act of 2016. 

Sec. 532. Enhancement of effective prosecution and defense in courts-martial and 

related matters. 

Sec. 533. Punitive article under the Uniform Code of Military Justice on wrongful 

broadcast or distribution of intimate visual images or visual images of 

sexually explicit conduct. 

Sec. 534. Garnishment to satisfy judgment rendered for physically, sexually, or 

emotionally abusing a child. 

Sec. 535. Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program. 

Sec. 536. Special Victims’ Counsel training regarding the unique challenges often 

faced by male victims of sexual assault. 

Sec. 537. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of 

private sexual images. 

Sec. 538. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member. 

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

Sec. 541. Element in preseparation counseling for members of the Armed Forces on 

assistance and support services for caregivers of certain veterans 

through the Department of Veterans Affairs. 

Sec. 542. Improved employment assistance for members of the Army, Navy, Air 

Force, and Marine Corps and veterans. 

Sec. 543. Limitation on release of military service academy graduates to participate 

in professional athletics. 

Sec. 544. Two-year extension of suicide prevention and resilience program for the 

National Guard and Reserves. 

Sec. 545. Annual certifications related to Ready, Relevant Learning initiative of the 

Navy. 

Sec. 546. Authority to expand eligibility for the United States Military Apprenticeship Program. 

Sec. 547. Limitation on availability of funds for attendance of Air Force enlisted 

personnel at Air Force officer professional military education in-residence courses. 

Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships. 

Sec. 549. Pilot programs on appointment in the excepted service in the Department 

of Defense of physically disqualified former cadets and midshipmen. 

Subtitle F—Defense Dependents’ Education and Military Family Readiness Matters 

PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS

Sec. 551. Assistance to schools with military dependent students. 

Sec. 552. Transitions of military dependent students from Department of Defense 

dependent schools to other schools and among schools of local educational agencies. 

Sec. 553. Report on educational opportunities in science, technology, engineering, 

and mathematics for children who are dependents of members of the 

Armed Forces. 

PART II—MILITARY FAMILY READINESS MATTERS

Sec. 555. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces. 

Sec. 556. Reimbursement for State licensure and certification costs of a spouse of 

a member of the Armed Forces arising from relocation to another State. 

Sec. 557. Temporary extension of extended period of protections for members of 

uniformed services relating to mortgages, mortgage foreclosure, and 

eviction. 

Sec. 558. Enhancing military childcare programs and activities of the Department 

of Defense. 


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Sec. 559. Direct hire authority for Department of Defense for childcare services providers for Department child development centers. 

Sec. 560. Pilot program on public-private partnerships for telework facilities for 

military spouses on military installations outside the United States. 

Subtitle G—Decorations and Awards 

Sec. 561. Authorization for award of the Medal of Honor to Garlin M. Conner for 

acts of valor during World War II. 

Sec. 562. Authorization for award of Distinguished-Service Cross to Specialist 

Frank M. Crary for acts of valor in Vietnam. 

Subtitle H—Miscellaneous Reporting Requirements 

Sec. 571. Analysis and report on accompanied and unaccompanied tours of duty in 

remote locations with high family support costs. 

Sec. 572. Review and reports on policies for regular and reserve officer career management. 

Sec. 573. Review and report on effects of personnel requirements and limitations on 

the availability of members of the National Guard for the performance 

of funeral honors duty for veterans. 

Sec. 574. Review and report on authorities for the employment, use, and status of 

National Guard and Reserve technicians. 

Sec. 575. Assessment and report on expanding and contracting for childcare services of the Department of Defense. 

Sec. 576. Review and report on compensation provided childcare services providers 

of the Department of Defense. 

Sec. 577. Comptroller General of the United States assessment and report on the 

Office of Complex Investigations within the National Guard Bureau. 

Sec. 578. Modification of submittal date of Comptroller General of the United 

States report on integrity of the Department of Defense whistleblower 

program. 

Subtitle I—Other Matters 

Sec. 581. Expansion of United States Air Force Institute of Technology enrollment 

authority to include civilian employees of the homeland security industry. 

Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps as a basic 

branch of the Army. 

Sec. 583. Designation of office within Office of the Secretary of Defense to oversee 

use of food assistance programs by members of the Armed Forces on active duty. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Annual adjustment of basic monthly pay. 

Sec. 602. Prohibiting collection of additional amounts from members living in units 

under Military Housing Privatization Initiative. 

Sec. 603. Limitation on modification of payment authority for Military Housing Privatization Initiative housing. 

Sec. 604. Housing treatment for certain members of the Armed Forces, and their 

spouses and other dependents, undergoing a permanent change of station within the United States. 

Sec. 605. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. 

Sec. 606. Reevaluation of BAH for the military housing area including Staten Island. 

Subtitle B—Bonus and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for health 

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

Sec. 616. Report regarding the national pilot shortage. 

Sec. 617. Special aviation incentive pay and bonus authorities for enlisted members 

who operate remotely piloted aircraft. 


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Sec. 618. Technical and conforming amendments relating to 2008 consolidation of 

special pay authorities. 

Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits 

Sec. 621. Permanent extension and cost-of-living adjustments of special survivor indemnity allowances under the Survivor Benefit Plan. 

Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump sum 

payments of retired pay under the modernized retirement system for 

members of the uniformed services. 

Sec. 623. Technical correction regarding election to participate in modernized retirement system for reserve component members experiencing a break 

in service. 

Sec. 624. Technical corrections to use of member’s current pay grade and years of 

service in a division of property involving disposable retired pay. 

Sec. 625. Continuation pay for the Coast Guard. 

Subtitle D—Other Matters 

Sec. 631. Land conveyance authority, Army and Air Force Exchange Service property, Dallas, Texas. 

Sec. 632. Authority for the Secretaries of the military departments to provide for 

care of remains of those who die on active duty and are interred in a 

foreign cemetery. 

Sec. 633. Construction of domestic source requirement for footwear furnished to enlisted members of the Armed Forces on initial entry into the Armed 

Forces. 

Sec. 634. Review and update of regulations governing debt collectors interactions 

with unit commanders of members of the Armed Forces. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Continued access to medical care at facilities of the uniformed services for 

certain members of the reserve components. 

Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy 

Benefits Program and treatment of certain pharmaceutical agents. 

Sec. 703. Provision of hyperbaric oxygen therapy for certain members of the Armed 

Forces. 

Sec. 704. Specification that individuals under the age of 21 are eligible for hospice 

care services under the TRICARE program. 

Sec. 705. Physical examinations for members of a reserve component who are separating from the Armed Forces. 

Sec. 706. Mental health assessments before members separate from the Armed 

Forces. 

Sec. 707. Expansion of sexual trauma counseling and treatment for members of the 

reserve components. 

Sec. 708. Expedited evaluation and treatment for prenatal surgery under the 

TRICARE program. 

Subtitle B—Health Care Administration 

Sec. 711. Maintenance of inpatient capabilities of military medical treatment facilities located outside the United States. 

Sec. 712. Modification of priority for evaluation and treatment of individuals at 

military treatment facilities. 

Sec. 713. Clarification of administration of military medical treatment facilities. 

Sec. 714. Regular update of prescription drug pricing standard under TRICARE retail pharmacy program. 

Sec. 715. Modification of execution of TRICARE contracting responsibilities. 

Sec. 716. Additional emergency uses for medical products to reduce deaths and severity of injuries caused by agents of war. 

Sec. 717. Modification of determination of average wait times at urgent care clinics 

and pharmacies at military medical treatment facilities under pilot program. 

Sec. 718. Requirement for reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to 

covered beneficiaries. 

Sec. 719. Extension of authority for Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund. 

Sec. 720. Residency requirements for podiatrists. 

Sec. 721. Authorization of physical therapist assistants and occupational therapy 

assistants to provide services under the TRICARE program. 

Sec. 722. Selection of military commanders and directors of military medical treatment facilities. 


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Subtitle C—Reports and Other Matters 

Sec. 731. Pilot program on health care assistance system. 

Sec. 732. Feasibility study on conduct of pilot program on mental health readiness 

of part-time members of the reserve components of the Armed Forces. 

Sec. 733. Report on plan to improve pediatric care and related services for children 

of members of the Armed Forces. 

Sec. 734. Longitudinal medical study on blast pressure exposure of members of the 

Armed Forces. 

Sec. 735. Study on safe opioid prescribing practices. 

Sec. 736. Report on implementation of GAO recommendations. 

Sec. 737. Declassification by Department of Defense of certain incidents of exposure 

of members of the Armed Forces to toxic substances. 

Sec. 738. Coordination by Veterans Health Administration of efforts to understand 

effects of burn pits. 

Sec. 739. TRICARE technical amendments. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Statements of purpose for Department of Defense acquisition. 

Sec. 802. Management of intellectual property matters within the Department of 

Defense. 

Sec. 803. Performance of incurred cost audits. 

Sec. 804. Repeal of certain auditing requirements. 

Sec. 805. Increased simplified acquisition threshold. 

Sec. 806. Requirements related to the micro-purchase threshold. 

Sec. 807. Process for enhanced supply chain scrutiny. 

Sec. 808. Defense policy advisory committee on technology. 

Sec. 809. Report on extension of development, acquisition, and sustainment authorities of the military departments to the United States Special Operations Command. 

Sec. 810. Technical and conforming amendments related to program management 

provisions. 

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

Limitations 

Sec. 811. Modifications to cost or pricing data and reporting requirements. 

Sec. 812. Applicability of cost and pricing data certification requirements. 

Sec. 813. Sunset of certain provisions relating to the procurement of goods other 

than United States goods. 

Sec. 814. Comptroller General report on health and safety records. 

Sec. 815. Limitation on unilateral definitization. 

Sec. 816. Amendment to sustainment reviews. 

Sec. 817. Use of program income by eligible entities that carry out procurement 

technical assistance programs. 

Sec. 818. Enhanced post-award debriefing rights. 

Sec. 819. Amendments relating to information technology. 

Sec. 820. Change to definition of subcontract in certain circumstances. 

Sec. 821. Amendment relating to applicability of inflation adjustments. 

Sec. 822. Use of lowest price technically acceptable source selection process. 

Sec. 823. Exemption from design-build selection procedures. 

Sec. 824. Contract closeout authority. 

Sec. 825. Elimination of cost underruns as factor in calculation of penalties for cost 

overruns. 

Sec. 826. Modification to annual meeting requirement of Configuration Steering 

Boards. 

Sec. 827. Pilot program on payment of costs for denied Government Accountability 

Office bid protests. 

Subtitle C—Provisions Relating to Major Defense Acquisition Programs 

Sec. 831. Revisions to definition of major defense acquisition program. 

Sec. 832. Prohibition on use of lowest price technically acceptable source selection 

process for major defense acquisition programs. 

Sec. 833. Role of the Chief of the armed force in material development decision and 

acquisition system milestones. 

Sec. 834. Requirement to emphasize reliability and maintainability in weapon system design. 

Sec. 835. Licensing of appropriate intellectual property to support major weapon 

systems. 


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Sec. 836. Codification of requirements pertaining to assessment, management, and 

control of operating and support costs for major weapon systems. 

Sec. 837. Should-cost management. 

Sec. 838. Improvements to test and evaluation processes and tools. 

Sec. 839. Enhancements to transparency in test and evaluation processes and data. 

Subtitle D—Provisions Relating to Acquisition Workforce 

Sec. 841. Enhancements to the civilian program management workforce. 

Sec. 842. Credits to Department of Defense Acquisition Workforce Development 

Fund. 

Sec. 843. Improvements to the hiring and training of the acquisition workforce. 

Sec. 844. Extension and modifications to acquisition demonstration project. 

Subtitle E—Provisions Relating to Commercial Items 

Sec. 846. Procurement through commercial e-commerce portals. 

Sec. 847. Revision to definition of commercial item. 

Sec. 848. Commercial item determinations. 

Sec. 849. Review of regulations on commercial items. 

Sec. 850. Training in commercial items procurement. 

Subtitle F—Provisions Relating to Services Contracting 

Sec. 851. Improvement of planning for acquisition of services. 

Sec. 852. Standard guidelines for evaluation of requirements for services contracts. 

Sec. 853. Report on outcome-based services contracts. 

Sec. 854. Pilot program for longer term multiyear service contracts. 

Subtitle G—Provisions Relating to Other Transaction Authority and Prototyping 

Sec. 861. Contract authority for advanced development of initial or additional prototype units. 

Sec. 862. Methods for entering into research agreements. 

Sec. 863. Education and training for transactions other than contracts and grants. 

Sec. 864. Other transaction authority for certain prototype projects. 

Sec. 865. Amendment to nontraditional and small contractor innovation prototyping program. 

Sec. 866. Middle tier of acquisition for rapid prototype and rapid fielding. 

Sec. 867. Preference for use of other transactions and experimental authority. 

Sec. 868. Prototype projects to digitize defense acquisition regulations, policies, and 

guidance, and empower user tailoring of acquisition process. 

Subtitle H—Provisions Relating to Software Acquisition 

Sec. 871. Noncommercial computer software acquisition considerations. 

Sec. 872. Defense Innovation Board analysis of software acquisition regulations. 

Sec. 873. Pilot program to use agile or iterative development methods to tailor 

major software-intensive warfighting systems and defense business systems. 

Sec. 874. Software development pilot program using agile best practices. 

Sec. 875. Pilot program for open source software. 

Subtitle I—Other Matters 

Sec. 881. Extension of maximum duration of fuel storage contracts. 

Sec. 882. Procurement of aviation critical safety items. 

Sec. 883. Modifications to the advisory panel on streamlining and codifying acquisition regulations. 

Sec. 884. Repeal of expired pilot program for leasing commercial utility cargo vehicles. 

Sec. 885. Exception for business operations from requirement to accept $1 coins. 

Sec. 886. Development of Procurement Administrative Lead Time. 

Sec. 887. Notional milestones and standard timelines for contracts for foreign military sales. 

Sec. 888. Assessment and authority to terminate or prohibit contracts for procurement from Chinese companies providing support to the Democratic People’s Republic of Korea. 

Sec. 889. Report on defense contracting fraud. 

Sec. 890. Comptroller General report on contractor business system requirements. 

Sec. 891. Training on agile or iterative development methods. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

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

Sec. 901. Treatment of incumbent Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 


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Sec. 902. Clarification of authority of Under Secretary of Defense for Acquisition 

and Sustainment with respect to service acquisition programs for which 

the service acquisition executive is the milestone decision authority. Sec. 903. Executive Schedule matters relating to Under Secretary of Defense for 

Acquisition and Sustainment. Sec. 904. Consistent period of relief from active duty as a commissioned officer of 

a regular component of the Armed Forces for appointment to Under Secretary of Defense positions. Sec. 905. Qualifications for appointment and additional duties and powers of certain officials within the Office of the Under Secretary of Defense (Comptroller). 

Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense as Deputy Under Secretaries of Defense and related matters. Sec. 907. Reduction of number and elimination of specific designations of Assistant 

Secretaries of Defense. 

Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries of Defense. 

Sec. 909. Appointment and responsibilities of Chief Information Officer of the Department of Defense. Sec. 910. Chief Management Officer of the Department of Defense. 

Subtitle B—Data Management and Analytics 

Sec. 911. Policy on treatment of defense business system data related to business 

operations and management. Sec. 912. Transparency of defense management data. 

Sec. 913. Establishment of set of activities that use data analysis, measurement, 

and other evaluation-related methods to improve acquisition program 

outcomes. 

Subtitle C—Organization of Other Department of Defense Offices and Elements 

Sec. 921. Qualifications for appointment of Assistant Secretaries of the military departments for financial management. Sec. 922. Manner of carrying out reductions in major Department of Defense headquarters activities pursuant to headquarters reduction plan. Sec. 923. Certifications on cost savings achieved by reductions in major Department of Defense headquarters activities. Sec. 924. Corrosion control and prevention executives matters. 

Sec. 925. Background and security investigations for Department of Defense personnel. 

Subtitle D—Miscellaneous Reporting Requirements 

Sec. 931. Additional elements in reports on policy, organization, and management 

goals of the Secretary of Defense for the Department of Defense. Sec. 932. Report and sense of Congress on responsibility for developmental test and 

evaluation within the Office of the Secretary of Defense. Sec. 933. Report on Office of Corrosion Policy and Oversight. 

Subtitle D—Other Matters 

Sec. 941. Commission on the National Defense Strategy for the United States. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Consolidation, codification, and improvement of certain authorities and 

requirements in connection with the audit of the financial statements of 

the Department of Defense. 

Sec. 1003. Improper payment matters. 

Sec. 1004. Rankings of auditability of financial statements of the organizations and 

elements of the Department of Defense. 

Sec. 1005. Financial operations dashboard for the Department of Defense. 

Sec. 1006. Review and recommendations on efforts to obtain audit opinion on full 

financial statements. 

Sec. 1007. Notification requirement for certain contracts for audit services. 

Subtitle B—Counterdrug Activities 

Sec. 1011. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1012. Venue for prosecution of maritime drug trafficking. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. National Defense Sealift Fund. 


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Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear procurement 

of certain critical components. 

Sec. 1023. Operational readiness of littoral combat ships on extended deployment. 

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class 

cruisers or dock landing ships. 

Sec. 1025. Policy of the United States on minimum number of battle force ships. 

Sec. 1026. Surveying ships. 

Subtitle D—Counterterrorism 

Sec. 1031. Modification of authority on support of special operations to combat terrorism. 

Sec. 1032. Termination of requirement to submit annual budget justification display for Department of Defense combating terrorism program. 

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. 

Sec. 1036. Prohibition on use of funds to close or relinquish control of United States 

Naval Station, Guantanamo Bay, Cuba. 

Sec. 1037. Sense of Congress regarding providing for timely victim and family testimony in military commission trials. 

Sec. 1038. Report on public availability of military commissions proceedings. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Limitation on expenditure of funds for emergency and extraordinary expenses for intelligence and counter-intelligence activities. 

Sec. 1042. Matters relating to the submittal of future-years defense programs. 

Sec. 1043. Modifications to humanitarian demining assistance authorities. 

Sec. 1044. Prohibition on charge of certain tariffs on aircraft traveling through 

channel routes. 

Sec. 1045. Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of 

the Department following separation from military service or employment with the Department. 

Sec. 1046. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms. 

Sec. 1047. Report on western Pacific Ocean ship depot maintenance capability and 

capacity. 

Sec. 1048. Annual training regarding the influence campaign of the Russian Federation. 

Sec. 1049. Workforce issues for military realignments in the Pacific. 

Subtitle F—Studies and Reports 

Sec. 1051. Elimination of reporting requirements terminated after November 25, 

2017, pursuant to section 1080 of the National Defense Authorization 

Act for Fiscal Year 2016. 

Sec. 1052. Report on transfer of defense articles to units committing gross violations of human rights. 

Sec. 1053. Report on the National Biodefense Analysis and Countermeasures Center. 

Sec. 1054. Report on Department of Defense Arctic capability and resource gaps 

and required infrastructure. 

Sec. 1055. Review and assessment of Department of Defense personnel recovery 

and nonconventional assisted recovery mechanisms. 

Sec. 1056. Mine warfare readiness inspection plan and report. 

Sec. 1057. Annual report on civilian casualties in connection with United States 

military operations. 

Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization. 

Sec. 1059. Report on alternatives to aqueous film forming foam. 

Sec. 1060. Assessment of global force posture. 

Sec. 1061. Army modernization strategy. 

Sec. 1062. Report on Army plan to improve operational unit readiness by reducing 

number of non-deployable soldiers assigned to operational units. 

Sec. 1063. Efforts to combat physiological episodes on certain Navy aircraft. 

Sec. 1064. Studies on aircraft inventories for the Air Force. 

Sec. 1065. Department of Defense review of Navy capabilities in the Arctic region. 


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Sec. 1066. Comprehensive review of maritime intelligence, surveillance, reconnaissance, and targeting capabilities. 

Sec. 1067. Report on the need for a Joint Chemical-Biological Defense Logistics 

Center. 

Sec. 1068. Missile Technology Control Regime Category I unmanned aerial vehicle 

systems. 

Sec. 1069. Recommendations for interagency vetting of foreign investments affecting national security. 

Sec. 1070. Briefing on prior attempted Russian cyber attacks against defense systems. 

Sec. 1071. Enhanced analytical and monitoring capability of the defense industrial 

base. 

Sec. 1072. Report on defense of combat logistics and strategic mobility forces. 

Sec. 1073. Report on acquisition strategy to recapitalize the existing system for undersea fixed surveillance. 

Sec. 1074. Report on implementation of requirements in connection with the organization of the Department of Defense for management of special operations forces and special operations. 

Sec. 1075. Report on the global food system and vulnerabilities relevant to Department of Defense missions. 

Subtitle G—Modernizing Government Technology 

Sec. 1076. Definitions. 

Sec. 1077. Establishment of agency information technology systems modernization 

and working capital funds. 

Sec. 1078. Establishment of technology modernization fund and board. 

Subtitle H—Other Matters 

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

Sec. 1082. Clarification of applicability of certain provisions of law to civilian judges 

of the United States Court of Military Commission Review. 

Sec. 1083. Modification of requirement relating to conversion of certain military 

technician (dual status) positions to civilian positions. 

Sec. 1084. National Guard accessibility to Department of Defense issued unmanned 

aircraft. 

Sec. 1085. Sense of Congress regarding aircraft carriers. 

Sec. 1086. Sense of Congress recognizing the United States Navy Seabees. 

Sec. 1087. Construction of memorial to the crew of the Apollo I launch test accident 

at Arlington National Cemetery. 

Sec. 1088. Department of Defense engagement with covered non-Federal entities. 

Sec. 1089. Prize competition to identify root cause of physiological episodes on 

Navy, Marine Corps, and Air Force training and operational aircraft. 

Sec. 1090. Providing assistance to House of Representatives in response to cybersecurity events. 

Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion of Rifle 

Practice and Firearms Safety. 

Sec. 1092. Collaboration between Federal Aviation Administration and Department 

of Defense on unmanned aircraft systems. 

Sec. 1093. Carriage of certain programming. 

Sec. 1094. National strategy for countering violent extremism. 

Sec. 1095. Sense of Congress regarding World War I. 

Sec. 1096. Notice to Congress of terms of Department of Defense settlement agreements. 

Sec. 1097. Office of Special Counsel reauthorization. 

Sec. 1098. Air transportation of civilian Department of Defense personnel to and 

from Afghanistan. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Direct hire authority for the Department of Defense for personnel to assist in business transformation and management innovation. 

Sec. 1102. Extension of direct hire authority for Domestic Defense Industrial Base 

Facilities and Major Range and Test Facilities Base. 

Sec. 1103. Extension of authority to provide voluntary separation incentive pay for 

civilian employees of the Department of Defense. 

Sec. 1104. Additional Department of Defense science and technology reinvention 

laboratories. 

Sec. 1105. One year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1106. Direct hire authority for financial management experts in the Department of Defense workforce. 


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Sec. 1107. Extension of authority for temporary personnel flexibilities for Domestic 

Defense Industrial Base Facilities and Major Range and Test Facilities 

Base civilian personnel. 

Sec. 1108. One-year extension of temporary authority to grant allowances, benefits, 

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

Sec. 1109. 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. 1110. Pilot program on enhanced personnel management system for 

cybsersecurity and legal professionals in the Department of Defense. 

Sec. 1111. Establishment of senior scientific technical managers at Major Range 

and Test Facility Base Facilities and Defense Test Resource Management Center. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of logistical support for coalition forces supporting 

certain United States military operations. 

Sec. 1202. Support of special operations for irregular warfare. 

Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for precision 

guided munitions. 

Sec. 1204. Modification of defense institution capacity building and authority to 

build capacity of foreign security forces. 

Sec. 1205. Extension and modification of authority on training for Eastern European national security forces in the course of multilateral exercises. 

Sec. 1206. Global Security Contingency Fund. 

Sec. 1207. Defense Institute of International Legal Studies. 

Sec. 1208. Extension of participation in and support of the Inter-American Defense 

College. 

Sec. 1209. Plan on improvement of ability of national security forces of foreign 

countries participating in United States capacity building programs to 

protect civilians. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Afghanistan. 

Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1213. Special immigrant visas for Afghan allies. 

Sec. 1214. Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan. 

Sec. 1215. Extension of semiannual report on enhancing security and stability in 

Afghanistan. 

Sec. 1216. Human rights vetting of Afghan National Defense and Security Forces. 

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

Sec. 1221. Report on United States strategy in Syria. 

Sec. 1222. Extension and modification of authority to provide assistance to counter 

the Islamic State of Iraq and Syria. 

Sec. 1223. Modification of authority to provide assistance to the vetted Syrian opposition. 

Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1225. Modification and additional elements in annual report on the military 

power of Iran. 

Sec. 1226. Extension of quarterly reports on confirmed ballistic missile launches 

from Iran and imposition of sanctions in connection with those launches. 

Sec. 1227. Limitation on use of funds for provision of man-portable air defense systems to the vetted Syrian opposition. 

Sec. 1228. Report on agreement with the Government of the Russian Federation on 

the status of Syria. 

Subtitle D—Matters Relating to the Russian Federation 

Sec. 1231. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Sec. 1232. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1233. Sense of Congress on European security. 

Sec. 1234. Modification and extension of Ukraine Security Assistance Initiative. 


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Sec. 1235. Limitation on availability of funds relating to implementation of the 

Open Skies Treaty. 

Sec. 1236. Sense of Congress on importance of nuclear capabilities of NATO. 

Sec. 1237. Report on Security Cooperation with respect to Western Balkan Countries. 

Sec. 1238. Plan to respond in case of Russian noncompliance with the New START 

Treaty. 

Sec. 1239. Strategy to counter threats by the Russian Federation. 

Sec. 1239A. Strategy to counter the threat of malign influence by the Russian Federation. 

Subtitle E—Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 

2017 

Sec. 1241. Short title. 

Sec. 1242. Findings. 

Sec. 1243. Compliance enforcement regarding Russian violations of the INF Treaty. 

Sec. 1244. Notification requirement related to Russian Federation development of 

noncompliant systems and United States actions regarding material 

breach of INF Treaty by the Russian Federation. 

Sec. 1245. Review of RS–26 ballistic missile. 

Sec. 1246. Definitions. 

Subtitle F—Matters Relating to the Indo-Asia-Pacific Region 

Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific region. 

Sec. 1252. Report on strategy to prioritize United States defense interests in the 

Indo-Asia-Pacific region. 

Sec. 1253. Assessment of United States force posture and basing needs in the IndoAsia-Pacific region. 

Sec. 1254. Plan to enhance the extended deterrence and assurance capabilities of 

the United States in the Asia-Pacific region. 

Sec. 1255. Sense of Congress reaffirming security commitments to the Governments 

of Japan and South Korea and trilateral cooperation between the United 

States, Japan, and South Korea. 

Sec. 1256. Strategy on North Korea. 

Sec. 1257. North Korean nuclear intercontinental ballistic missiles. 

Sec. 1258. Advancements in defense cooperation between the United States and 

India. 

Sec. 1259. Strengthening the defense partnership between the United States and 

Taiwan. 

Sec. 1259A. Normalizing the transfer of defense articles and defense services to 

Taiwan. 

Sec. 1259B. Assessment on United States defense implications of China’s expanding global access. 

Sec. 1259C. Agreement supplemental to Compact of Free Association with Palau. 

Sec. 1259D. Study on United States interests in the Freely Associated States. 

Subtitle G—Reports 

Sec. 1261. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1262. Modifications to annual update of Department of Defense Freedom of 

Navigation Operations report. 

Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the Islamic State of 

Iraq and Syria (ISIS), and their associated forces and co-belligerents. 

Sec. 1264. Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and related national 

security operations. 

Sec. 1265. Report on military action of Saudi Arabia and its coalition partners in 

Yemen. 

Sec. 1266. Submittal of Department of Defense Supplemental and Cost of War Execution reports on quarterly basis. 

Sec. 1267. Consolidation of reports on United States Armed Forces, civilian employees, and contractors deployed in support of Operation Inherent Resolve, 

Operation Freedom’s Sentinel, and associated and successor operations. 

Sec. 1268. Comptroller General of the United States report on pricing and availability with respect to foreign military sales. 

Sec. 1269. Annual report on military and security developments involving the Russian Federation. 

Subtitle H—Other Matters 

Sec. 1271. Security and stability strategy for Somalia. 


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Sec. 1272. Global Theater Security Cooperation Management Information System. 

Sec. 1273. Future years plan for the European Deterrence Initiative. 

Sec. 1274. Extension of authority to enter into agreements with participating countries in the American, British, Canadian, and Australian Armies’ Program. 

Sec. 1275. United States military and diplomatic strategy for Yemen. 

Sec. 1276. Transfer of excess high mobility multipurpose wheeled vehicles to foreign countries. 

Sec. 1277. Department of Defense program to protect United States students 

against foreign agents. 

Sec. 1278. Limitation and extension of United States-Israel anti-tunnel cooperation 

authority. 

Sec. 1279. Anticorruption strategy. 

Sec. 1279A. Strategy to improve defense institutions and security sector forces in 

Nigeria. 

Sec. 1279B. Limitation on availability of funds to implement the Arms Trade Treaty. 

Sec. 1279C. Cultural Heritage Protection Coordinator. 

Sec. 1279D. Security assistance for Baltic nations for joint program for interoperability and deterrence against aggression. 

Sec. 1279E. Restriction on funding for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization. 

Sec. 1279F. Clarification of authority to support border security operations of certain foreign countries. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction funds. 

Sec. 1302. Funding allocations. 

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. 

Sec. 1406. National Defense Sealift Fund. 

Subtitle B—Other Matters 

Sec. 1411. 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. 1412. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1413. Armed Forces Retirement Home matters. 

Sec. 1414. Authority to dispose of certain materials from and to acquire additional 

materials for the National Defense Stockpile. 

Sec. 1415. Acquisition reporting on major chemical demilitarization programs of the 

Department of Defense. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose and treatment of certain authorizations of appropriations. 

Sec. 1502. Overseas contingency operations. 

Sec. 1503. Procurement. 

Sec. 1504. Research, development, test, and evaluation. 

Sec. 1505. Operation and maintenance. 

Sec. 1506. Military personnel. 

Sec. 1507. Working capital funds. 

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1509. Defense Inspector General. 

Sec. 1510. Defense Health program. 

Subtitle B—Financial Matters 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Special transfer authority. 

Subtitle C—Limitations, Reports, and Other Matters 

Sec. 1521. Afghanistan Security Forces Fund. 


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Sec. 1522. Joint Improvised-Threat Defeat Fund. 

Sec. 1523. Comptroller General report on feasibility of separation of expenditures. 

Sec. 1524. Guidelines for budget items to be covered by overseas contingency operations accounts. 

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Space acquisition and management and oversight. 

Sec. 1602. Codification, extension, and modification of limitation on construction on 

United States territory of satellite positioning ground monitoring stations of foreign governments. 

Sec. 1603. Foreign commercial satellite services: cybersecurity threats and 

launches. 

Sec. 1604. Extension of pilot program on commercial weather data. 

Sec. 1605. Evolved Expendable Launch Vehicle modernization and sustainment of 

assured access to space. 

Sec. 1606. Demonstration of backup and complementary positioning, navigation, 

and timing capabilities of Global Positioning System. 

Sec. 1607. Enhancement of positioning, navigation, and timing capacity. 

Sec. 1608. Commercial satellite communications pathfinder program. 

Sec. 1609. Launch support and infrastructure modernization. 

Sec. 1610. Limitation on availability of funding for Joint Space Operations Center 

mission system. 

Sec. 1611. Limitation on use of funds for Delta IV launch vehicle. 

Sec. 1612. Air Force space contractor responsibility watch list. 

Sec. 1613. Certification and briefing on operational and contingency plans for loss 

or degradation of space capabilities. 

Sec. 1614. Report on protected satellite communications. 

Sec. 1615. Sense of Congress on establishment of Space Flag training event. 

Sec. 1616. Sense of Congress on coordinating efforts to prepare for space weather 

events. 

Sec. 1617. Sense of Congress on National Space Defense Center. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Security clearances for facilities of certain companies. 

Sec. 1622. Extension of authority to engage in certain commercial activities. 

Sec. 1623. Submission of audits of commercial activity funds. 

Sec. 1624. Clarification of annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands. 

Sec. 1625. Consideration of service by recipients of Boren scholarships and fellowships in excepted service positions as service by such recipients under 

career appointments for purposes of career tenure. 

Sec. 1626. Review of support provided by Defense intelligence elements to acquisition activities of the Department. 

Sec. 1627. Establishment of Chairman’s controlled activity within Joint Staff for intelligence, surveillance, and reconnaissance. 

Sec. 1628. Requirements relating to multi-use sensitive compartmented information 

facilities. 

Sec. 1629. Limitation on availability of funds for certain counterintelligence activities. 

Subtitle C—Cyberspace-Related Matters 

PART I—GENERAL CYBER MATTERS

Sec. 1631. Notification requirements for sensitive military cyber operations and 

cyber weapons. 

Sec. 1632. Modification to quarterly cyber operations briefings. 

Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and cyber warfare. 

Sec. 1634. Prohibition on use of products and services developed or provided by 

Kaspersky Lab. 

Sec. 1635. Modification of authorities relating to establishment of unified combatant command for cyber operations. 

Sec. 1636. Modification of definition of acquisition workforce to include personnel 

contributing to cybersecurity systems. 

Sec. 1637. Integration of strategic information operations and cyber-enabled information operations. 

Sec. 1638. Exercise on assessing cybersecurity support to election systems of 

States. 

Sec. 1639. Measurement of compliance with cybersecurity requirements for industrial control systems. 


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Sec. 1640. Strategic Cybersecurity Program. 

Sec. 1641. Plan to increase cyber and information operations, deterrence, and defense. 

Sec. 1642. Evaluation of agile or iterative development of cyber tools and applications. 

Sec. 1643. Assessment of defense critical electric infrastructure. 

Sec. 1644. Cyber posture review. 

Sec. 1645. Briefing on cyber capability and readiness shortfalls. 

Sec. 1646. Briefing on cyber applications of blockchain technology. 

Sec. 1647. Briefing on training infrastructure for cyber mission forces. 

Sec. 1648. Report on termination of dual-hat arrangement for Commander of the 

United States Cyber Command. 

PART II—CYBERSECURITY EDUCATION

Sec. 1649. Cyber Scholarship Program. 

Sec. 1649A. Community college cyber pilot program and assessment. 

Sec. 1649B. Federal Cyber Scholarship-for-Service program updates. 

Sec. 1649C. Cybersecurity teaching. 

Subtitle D—Nuclear Forces 

Sec. 1651. Annual assessment of cyber resiliency of nuclear command and control 

system. 

Sec. 1652. Collection, storage, and sharing of data relating to nuclear security enterprise. 

Sec. 1653. Notifications regarding dual-capable F–35A aircraft. 

Sec. 1654. Oversight of delayed acquisition programs by Council on Oversight of 

the National Leadership Command, Control, and Communications System. 

Sec. 1655. Establishment of Nuclear Command and Control Intelligence Fusion 

Center. 

Sec. 1656. Security of nuclear command, control, and communications system from 

commercial dependencies. 

Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of the National Leadership Command, Control, and Communications System. 

Sec. 1658. Security classification guide for programs relating to nuclear command, 

control, and communications and nuclear deterrence. 

Sec. 1659. Evaluation and enhanced security of supply chain for nuclear command, 

control, and communications and continuity of government programs. 

Sec. 1660. Procurement authority for certain parts of intercontinental ballistic missile fuzes. 

Sec. 1661. Presidential National Voice Conferencing System and Phoenix Air-toGround Communications Network. 

Sec. 1662. Limitation on pursuit of certain command and control concept. 

Sec. 1663. Prohibition on availability of funds for mobile variant of ground-based 

strategic deterrent missile. 

Sec. 1664. Prohibition on reduction of the intercontinental ballistic missiles of the 

United States. 

Sec. 1665. Modification to annual report on plan for the nuclear weapons stockpile, 

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

Sec. 1666. Establishment of procedures for implementation of Nuclear Enterprise 

Review. 

Sec. 1667. Report on impacts of nuclear proliferation. 

Sec. 1668. Certification that the Nuclear Posture Review addresses deterrent effect 

and operation of United States nuclear forces in current and future security environments. 

Sec. 1669. Plan to manage Integrated Tactical Warning and Attack Assessment 

System and multi-domain sensors. 

Sec. 1670. Certification requirement with respect to strategic radiation hardened 

trusted microelectronics. 

Sec. 1671. Nuclear Posture Review. 

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of 

United Kingdom. 

Subtitle E—Missile Defense Programs 

Sec. 1676. Administration of missile defense and defeat programs. 

Sec. 1677. Condition for proceeding beyond low-rate initial production. 

Sec. 1678. Preservation of the ballistic missile defense capacity of the Army. 

Sec. 1679. Modernization of Army lower tier air and missile defense sensor. 

Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack. 

Sec. 1681. Designation of location of continental United States interceptor site. 


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Sec. 1682. Aegis Ashore anti-air warfare capability. 

Sec. 1683. Development of persistent space-based sensor architecture. 

Sec. 1684. Iron Dome short-range rocket defense system and Israeli Cooperative 

Missile Defense Program co-development and co-production. 

Sec. 1685. Boost phase ballistic missile defense. 

Sec. 1686. Ground-based interceptor capability, capacity, and reliability. 

Sec. 1687. Limitation on availability of funds for ground-based midcourse defense 

element of the ballistic missile defense system. 

Sec. 1688. Plan for development of space-based ballistic missile intercept layer. 

Sec. 1689. Sense of Congress on the state of the missile defense of the United 

States. 

Sec. 1690. Sense of Congress and report on ground-based midcourse defense testing. 

Subtitle F—Other Matters 

Sec. 1691. Commission to Assess the Threat to the United States From Electromagnetic Pulse Attacks and Similar Events. 

Sec. 1692. Protection of certain facilities and assets from unmanned aircraft. 

Sec. 1693. Conventional prompt global strike weapons system. 

Sec. 1694. Business case analysis regarding ammonium perchlorate. 

Sec. 1695. Report on industrial base for large solid rocket motors and related technologies. 

Sec. 1696. Pilot program on enhancing information sharing for security of supply 

chain. 

Sec. 1697. Pilot program on electromagnetic spectrum mapping. 

Sec. 1698. Use of commercial items in Distributed Common Ground Systems. 

TITLE XVII—SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE 

MATTERS 

Sec. 1701. Amendments to HUBZone provisions of the Small Business Act. 

Sec. 1702. Uniformity in procurement terminology. 

Sec. 1703. Improving reporting on small business goals. 

Sec. 1704. Responsibilities of Business Opportunity Specialists. 

Sec. 1705. Responsibilities of commercial market representatives. 

Sec. 1706. Modification of past performance pilot program to include consideration 

of past performance with allies of the United States. 

Sec. 1707. Notice of cost-free Federal procurement technical assistance in connection with registration of small business concerns on procurement 

websites of the Department of Defense. 

Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance. 

Sec. 1709. Requirements relating to competitive procedures and justification for 

awards under the SBIR and STTR programs. 

Sec. 1710. Pilot program for streamlined technology transition from the SBIR and 

STTR programs of the Department of Defense. 

Sec. 1711. Pilot program on strengthening manufacturing in the defense industrial 

base. 

Sec. 1712. Review regarding applicability of foreign ownership, control, or influence 

requirements of National Industrial Security Program to national technology and industrial base companies. 

Sec. 1713. Report on sourcing of tungsten and tungsten powders from domestic producers. 

Sec. 1714. Report on utilization of small business concerns for Federal contracts. 

TITLE XVIII—GOVERNMENT PURCHASE AND TRAVEL CARDS 

Sec. 1801. Short title. 

Sec. 1802. Definitions. 

Sec. 1803. Expanded use of data analytics. 

Sec. 1804. Guidance on improving information sharing to curb improper payments. 

Sec. 1805. Interagency charge card data management group. 

Sec. 1806. Reporting requirements. 

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. 


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Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2014 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2015 project. 

Sec. 2107. Extension of authorization of certain fiscal year 2014 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2015 projects. 

Sec. 2109. Additional authority to carry out certain fiscal year 2000, 2005, 2006, 

and 2007 projects. 

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. 2205. Extension of authorizations for certain fiscal year 2014 projects. 

Sec. 2206. Extension of authorizations of certain fiscal year 2015 projects. 

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 fiscal year 2017 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2015 projects. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy resiliency and conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2017 project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2014 projects. 

Sec. 2406. Extension of authorizations of certain fiscal year 2015 projects. 

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. 

Subtitle B—Host Country In-Kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

Sec. 2512. Modification of authority to carry out certain fiscal year 2017 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 2015 project. 

Sec. 2612. Extension of authorizations of certain fiscal year 2014 projects. 

Sec. 2613. Extension of authorizations of certain fiscal year 2015 projects. 

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. 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. Elimination of written notice requirement for military construction activities and reliance on electronic submission of notifications and reports. 


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Sec. 2802. Modification of thresholds applicable to unspecified minor construction 

projects. 

Sec. 2803. Annual locality adjustment of dollar thresholds applicable to unspecified 

minor military construction authorities. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. 

Sec. 2805. Use of operation and maintenance funds for military construction 

projects to replace facilities damaged or destroyed by natural disasters 

or terrorism incidents. 

Sec. 2806. Annual report on unfunded requirements for laboratory military construction projects. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Elimination of written notice requirement for military real property 

transactions and reliance on electronic submission of notifications and 

reports. 

Sec. 2812. Certification related to certain acquisitions or leases of real property. 

Sec. 2813. Increased term limit for intergovernmental support agreements to provide installation support services. 

Sec. 2814. Authorizing reimbursement of States for costs of suppressing wildfires 

caused by Department of Defense activities on State lands; restoration 

of lands of other Federal agencies for damage caused by Department of 

Defense vehicle mishaps. 

Sec. 2815. Criteria for exchanges of property at military installations. 

Sec. 2816. Land exchange valuation of property with reduced development that limits encroachment on military installations. 

Sec. 2817. Requirements for window fall prevention devices in military family housing. 

Sec. 2818. Prohibiting use of updated assessment of public schools on Department 

of Defense installations to supersede funding of certain projects. 

Sec. 2819. Access to military installations by transportation network companies. 

Subtitle C—Project Management and Oversight Reforms 

Sec. 2821. Notification requirement for certain cost increases. 

Sec. 2822. Annual report on schedule delays. 

Sec. 2823. Report on design errors and omissions related to Fort Bliss hospital replacement project. 

Sec. 2824. Report on cost increase and delay related to USSTRATCOM command 

and control facility project at Offutt Air Force Base. 

Subtitle D—Energy Resilience 

Sec. 2831. Energy resilience. 

Sec. 2832. Authority to use energy cost savings for energy resilience, mission assurance, and weather damage repair and prevention measures. 

Sec. 2833. Consideration of energy security and energy resilience in awarding energy and fuel contracts for military installations. 

Sec. 2834. Requirement to address energy resilience in exercising utility system 

conveyance authority. 

Sec. 2835. In-kind lease payments; prioritization of utility services that promote energy resilience. 

Sec. 2836. Annual Department of Defense energy management reports. 

Sec. 2837. Aggregation of energy efficiency and energy resilience projects in life 

cycle cost analyses. 

Subtitle E—Land Conveyances 

Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, 

California. 

Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho. 

Sec. 2843. Lease of real property to the United States Naval Academy Alumni Association and Naval Academy Foundation at United States Naval Academy, Annapolis, Maryland. 

Sec. 2844. Land Conveyance, Natick Soldier Systems Center, Massachusetts. 

Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas. 

Sec. 2846. Imposition of additional conditions on future use of Castner Range, Fort 

Bliss, Texas. 

Sec. 2847. Land conveyance, former missile alert facility known as Quebec-01, Laramie County, Wyoming. 

Subtitle F—Military Memorials, Monuments, and Museums 

Sec. 2861. Recognition of the National Museum of World War II Aviation. 


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Sec. 2862. Principal office of Aviation Hall of Fame. 

Sec. 2863. Establishment of a visitor services facility on the Arlington Ridge tract. 

Sec. 2864. Modification of prohibition on transfer of veterans memorial objects to 

foreign governments without specific authorization in law. 

Subtitle G—Other Matters 

Sec. 2871. Authority of the Secretary of the Air Force to accept lessee improvements at Air Force Plant 42. 

Sec. 2872. Modification of Department of Defense guidance on use of airfield pavement markings. 

Sec. 2873. Authority of Chief Operating Officer of Armed Forces Retirement Home 

to acquire and lease property. 

Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar 

Station. 

Sec. 2875. Permitting machine room-less elevators in Department of Defense facilities. 

Sec. 2876. Disclosure of beneficial ownership by foreign persons of high security 

space leased by the Department of Defense. 

Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia, with civil 

aviation. 

Sec. 2878. Report on hurricane damage to Department of Defense assets. 

Sec. 2879. Special rules for certain projects. 

Sec. 2880. Energy security for military installations in Europe. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION 

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

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

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

Sec. 2904. Authorized Defense Agencies construction and land acquisition project. 

Sec. 2905. Authorization of appropriations. 

Sec. 2906. Extension of authorization of certain fiscal year 2015 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. Nuclear security enterprise infrastructure modernization initiative. 

Sec. 3112. Incorporation of integrated surety architecture in transportation. 

Sec. 3113. Cost estimates for life extension program and major alteration projects. 

Sec. 3114. Improved information relating to certain defense nuclear nonproliferation programs. 

Sec. 3115. Research and development of advanced naval reactor fuel based on lowenriched uranium. 

Sec. 3116. National Nuclear Security Administration pay and performance system. 

Sec. 3117. Budget requests and certification regarding nuclear weapons dismantlement. 

Sec. 3118. Nuclear warhead design competition. 

Sec. 3119. Modification of minor construction threshold for plant projects. 

Sec. 3120. Extension of authorization of Advisory Board on Toxic Substances and 

Worker Health. 

Sec. 3121. Use of funds for construction and project support activities relating to 

MOX facility. 

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

Subtitle C—Plans and Reports 

Sec. 3131. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation. 

Sec. 3132. Annual reports on unfunded priorities of National Nuclear Security Administration. 

Sec. 3133. Modification of certain reporting requirements. 

Sec. 3134. Modification to stockpile stewardship, management, and responsiveness 

plan. 


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Sec. 3135. Assessment and development of prototype nuclear weapons of foreign 

countries. 

Sec. 3136. Plan for verification, detection, and monitoring of nuclear weapons and 

fissile material. 

Sec. 3137. Review of United States nuclear and radiological terrorism prevention 

strategy. 

Sec. 3138. Assessment of management and operating contracts of national security 

laboratories. 

Sec. 3139. Evaluation of classification of certain defense nuclear waste. 

Sec. 3140. Improved reporting for anti-smuggling radiation detection systems. 

Sec. 3141. Plutonium capabilities. 

Sec. 3142. Report on critical decision 1 on Material Staging Facility project. 

Sec. 3143. Plan to further minimize the use of highly enriched uranium for medical 

isotopes. 

Subtitle D—Other Matters 

Sec. 3151. 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 

Sec. 3501. Authorization of the Maritime Administration. 

Sec. 3502. Merchant Ship Sales Act of 1946. 

Sec. 3503. Maritime Security Fleet Program; restriction on operation for new entrants. 

Sec. 3504. Codification of sections relating to acquisition, charter, and requisition 

of vessels. 

Sec. 3505. Assistance for small shipyards. 

Sec. 3506. Report on sexual assault victim recovery in the Coast Guard. 

Sec. 3507. Centers of excellence. 

Sec. 3508. Foreign spill protection. 

Sec. 3509. Removal of adjunct professor limit at United States Merchant Marine 

Academy. 

Sec. 3510. Acceptance of guarantees in conjunction with partial donations for major 

projects of the United States Merchant Marine Academy. 

Sec. 3511. Authority to pay conveyance or transfer expenses in connection with acceptance of a gift to the United States Merchant Marine Academy. 

Sec. 3512. Authority to participate in Federal, State or other research grants. 

Sec. 3513. Provision of satellite communication devices during Sea Year program. 

Sec. 3514. Actions to address sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Merchant Marine Academy. 

Sec. 3515. Sexual assault prevention and response staff for the United States Merchant Marine Academy. 

Sec. 3516. Protection of cadets at the United States Merchant Marine Academy 

from sexual assault onboard commercial vessels. 

Sec. 3517. Training requirement for sexual assault investigators. 

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. 


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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 

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. Authority to expedite procurement of 7.62mm rifles. 

Sec. 112. Limitation on availability of funds for Increment 2 of the Warfighter Information Network-Tactical program. 

Sec. 113. Limitation on availability of funds for upgrade of M113 vehicles. 

Subtitle C—Navy Programs 

Sec. 121. Aircraft carriers. 

Sec. 122. Icebreaker vessel. 

Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers. 

Sec. 124. Multiyear procurement authority for Virginia class submarine program. 

Sec. 125. Design and construction of the lead ship of the amphibious ship replacement designated LX(R) or amphibious transport dock designated LPD– 

30. 

Sec. 126. Multiyear procurement authority for V–22 Osprey aircraft. 

Sec. 127. Extension of limitation on use of sole-source shipbuilding contracts for 

certain vessels. 

Sec. 128. Limitation on availability of funds for the enhanced multi-mission parachute system. 

Sec. 129. Report on Navy capacity to increase production of certain rotary wing aircraft. 

Subtitle D—Air Force Programs 

Sec. 131. Inventory requirement for Air Force fighter aircraft. 

Sec. 132. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft. 

Sec. 133. Requirement for continuation of JSTARS aircraft recapitalization program. 

10 USC 101 note. 


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Sec. 134. Limitation on selection of single contractor for C–130H avionics modernization program increment 2. 

Sec. 135. Limitation on availability of funds for EC–130H Compass Call recapitalization program. 

Sec. 136. Limitation on retirement of U–2 and RQ–4 aircraft. 

Sec. 137. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft. 

Sec. 138. Plan for modernization of the radar for F–16 fighter aircraft of the National Guard. 

Sec. 139. Comptroller General review of Air Force fielding plan for HH–60 replacement programs. 

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

Sec. 141. F–35 economic order quantity contracting authority. 

Sec. 142. Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities. 

Sec. 143. Requirement that certain aircraft and unmanned aerial vehicles use 

specified standard data link. 

Sec. 144. Reinstatement of requirement to preserve certain C–5 aircraft; mobility 

capability and requirements study. 

Subtitle A—Authorization Of 

Appropriations 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for procurement for the Army, the Navy and the Marine 

Corps, the Air Force, and Defense-wide activities, as specified in 

the funding table in section 4101. 

Subtitle B—Army Programs 

SEC. 111. AUTHORITY TO EXPEDITE PROCUREMENT OF 7.62MM RIFLES. 

(a) 7.62MM RIFLES.— 

(1) PROCUREMENT AUTHORITY.—The Secretary of the Army 

is authorized to expedite the procurement of a commercially 

available off-the-shelf item or nondevelopmental item for a 

7.62mm rifle capability in accordance with this section. 

(2) LIMITATION.—The Secretary of the Army may use the 

authority under paragraph (1) to procure only the following: 

(A) Not more than 7,000 7.62mm rifles. 

(B) Equipment and ammunition associated with such 

rifles. 

(3) CONTRACTING PROCEDURES.— 

(A) FULL AND OPEN COMPETITION.—In awarding contracts under paragraph (1), the Secretary of the Army 

shall use full and open competition to the extent practicable. 

(B) PROCEDURES OTHER THAN FULL AND OPEN COMPETITION.—The Secretary of the Army may not award a contract 

under paragraph (1) using procedures other than full and 

open competition until a period of 10 days has elapsed 

following the date on which the Secretary submits to the 

congressional committees the report described in subparagraph (C). 

(C) REPORT.—The report described in this subparagraph is a report of the Secretary of the Army that 

includes— 


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(i) a detailed justification for limiting full and open 

competition for the procurement authorized under 

paragraph (1); 

(ii) a description of the objectives, costs, and 

timelines associated with the procurement; and 

(iii) an assessment of the projected impact of the 

procurement on any related programs in terms of cost, 

schedule, and the use of full and open competition 

in such programs. 

(b) RELATED PROGRAMS.— 

(1) IN GENERAL.—The Secretary of the Army is authorized 

to use funds made available to carry out subsection (a)— 

(A) to accelerate by two years the squad designated 

marksman rifle program of the Army; 

(B) to accelerate by two years the advanced armor 

piercing ammunition program of the Army; and 

(C) subject to paragraph (2), to accelerate the next 

generation squad weapon program of the Army. 

(2) FULL AND OPEN COMPETITION.—Any contract awarded 

under the next generation squad weapon program of the Army 

shall be awarded using full and open competition. 

(c) DEFINITIONS.—In this section, the terms ‘‘commercially available off-the-shelf item’’, ‘‘full and open competition’’, and ‘‘nondevelopmental item’’ have the meanings given the terms in chapter 

1 of title 41, United States Code. 

SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR INCREMENT 

2 OF THE WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM. 

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

by this Act or otherwise made available for the Department of 

Defense for fiscal year 2018 for Increment 2 of the Warfighter 

Information Network-Tactical program of the Army (referred to 

in this section as ‘‘WIN-T Increment 2’’) not more than 50 percent 

may be used to enter into, or to prepare to enter into, a contract 

for the procurement of equipment under the program until the 

date on which the Secretary of the Army submits the report under 

subsection (b). 

(b) REPORT.—Not later than January 31, 2018, the Secretary 

of the Army, in consultation with the Chief of Staff of the Army, 

shall submit to the congressional defense committees a report on 

the strategy of the Army for modernizing air-land ad-hoc, mobile 

tactical communications and data networks. 

(c) ELEMENTS.—The report under subsection (b) shall include 

the following: 

(1) A description of the strategy of the Army for modernizing air-land ad-hoc, mobile tactical communications and data 

networks. 

(2) The justification, rationale, and decision points for the 

strategy, including how network requirements are being 

redefined. 

(3) How the Army intends to implement the recommendations accepted by the Secretary of the Army related to airland ad-hoc, mobile tactical communications and data networks 

provided by the Director of Cost Assessment and Program 

Evaluation pursuant to section 237 of the National Defense 


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Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

129 Stat. 781). 

(4) How the Army will address the vulnerabilities identified 

by the report of the Director of Cost Assessment and Program 

Evaluation on the mobile, ad-hoc network against a modern 

peer adversary capable of cyber and electronic warfare detection 

and intrusion. 

(5) A timeline and decision points for upgrading fielded 

WIN-T Increment 1B systems. 

(6) A list of planned upgrades for components of WINT Increment 2 designed to improve program capabilities, 

including size, weight, and complexity, including the impact 

of these improvements on the cost of the program, as well 

as fielding schedules for Army Brigade Combat Teams. 

(7) How the strategy will reduce Army reliance on satellite 

communications, including procurement and test strategies for 

more resilient and secure mid-tier line of sight capability. 

(8) How the strategy will address identified joint interoperability capability gaps, specifically for units known as ‘‘fight 

tonight’’ units, including procurement and test plans for identified solutions. 

(9) Decision points associated with the near term modernization strategy for mitigating operational capability gaps 

for such ‘‘fight tonight’’ units. 

(10) The decision points and timelines associated with the 

fielding of modernized mobile tactical network communications 

to the reserve components of the Army. 

(11) The planned funding and program realignments 

required for fiscal year 2018 and across the future years defense 

program that will be required to support the new strategy. 

(12) Identification of the changes in acquisition policy as 

well as operational requirements being implemented to deliver 

an effective, suitable, and survivable network to the warfighter. 

(13) Identification of the changes in leadership and governance that will be associated with the new strategy. 

(d) FORM OF REPORT.—The report required by section (b) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 113. LIMITATION ON AVAILABILITY OF FUNDS FOR UPGRADE 

OF M113 VEHICLES. 

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

by this Act or otherwise made available for fiscal year 2018 for 

the upgrade of M113 vehicles of the Army, not more than 50 

percent may be obligated or expended until the date on which 

Secretary of the Army submits to the congressional defense committees the report described in subsection (b). 

(b) REPORT.—The report described in this subsection is a report 

setting forth the strategy of the Army for the upgrade of M113 

vehicles that includes the following: 

(1) A detailed strategy for upgrading and fielding M113 

vehicles. 

(2) An analysis of the manner in which the Army plans 

to address M113 vehicle survivability and maneuverability concerns. 


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(3) An analysis of the historical costs associated with 

upgrading M113 vehicles, and a validation of current cost estimates for upgrading such vehicles. 

(4) A comparison of— 

(A) the total procurement and life cycle costs of adding 

an echelon above brigade requirement to the Army MultiPurpose Vehicle; and 

(B) the total procurement and life cycle costs of 

upgrading legacy M113 vehicles. 

(5) An analysis of the possibility of further accelerating 

Army Multi-Purpose Vehicle production or modifying the 

fielding strategy for the Army Multi-Purpose Vehicle to meet 

near-term echelon above brigade requirements. 

Subtitle C—Navy Programs 

SEC. 121. AIRCRAFT CARRIERS. 

(a) MODIFICATION OF COST LIMITATION BASELINE FOR CVN– 

78 CLASS AIRCRAFT CARRIER PROGRAM.—Section 122 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2105), as most recently amended 

by section 122 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 749), is amended— 

(1) in subsection (a), by striking paragraph (2) and inserting 

the following: 

‘‘(2) CARRIER DESIGNATED AS CVN–79.—The total amount 

obligated from funds appropriated or otherwise made available 

for Shipbuilding and Conversion, Navy, or for any other 

procurement account, for the aircraft carrier designated as 

CVN–79 may not exceed $11,398,000,000 (as adjusted pursuant 

to subsection (b)). 

‘‘(3) FOLLOW-ON SHIPS.—The total amount obligated from 

funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement 

account, for any ship that is constructed in the CVN–78 class 

of aircraft carriers after the aircraft carrier designated as CVN– 

79 may not exceed $12,568,000,000 (as adjusted pursuant to 

subsection (b)).’’; 

(2) in subsection (b), by amending paragraph (1) to read 

as follows: 

‘‘(1) The amounts of increases or decreases in costs attributable to economic inflation— 

‘‘(A) after September 30, 2013, in the case of the aircraft carrier designated as CVN–79; and 

‘‘(B) after September 30, 2017, in the case of any ship 

that is constructed in the CVN–78 class of aircraft carriers 

after the aircraft carrier designated as CVN–79.’’; and 

(3) by adding at the end the following: 

‘‘(g) EXCLUSION OF BATTLE AND INTERIM SPARES FROM COST

LIMITATION.—The Secretary of the Navy shall exclude from the 

determination of the amounts set forth in paragraphs (2) and (3) 

of subsection (a), the costs of the following items: 

‘‘(1) CVN–78 class battle spares. 

‘‘(2) Interim spares.’’. 

(b) WAIVER ON LIMITATION OF AVAILABILITY OF FUNDS FOR

CVN–79.—The Secretary of Defense may waive subsections (a) and 


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(b) of section 128 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 751) after a period 

of 60 days has elapsed following the date on which the Secretary 

submits to the congressional defense committees a written notification of the intent of the Secretary to issue such a waiver. The 

Secretary shall include in any such notification the following: 

(1) The rationale of the Secretary for issuing the waiver. 

(2) The revised test and evaluation master plan that 

describes when full ship shock trials will be held on Fordclass aircraft carriers. 

(3) A certification that the Secretary has analyzed and 

accepted the operational risk of the U.S.S. Gerald R. Ford 

deploying without having conducted full ship shock trials, and 

that the Secretary has not delegated the decision to issue 

such waiver. 

SEC. 122. ICEBREAKER VESSEL. 

(a) AUTHORITY TO PROCURE ONE POLAR-CLASS HEAVY ICEBREAKER.— 

(1) IN GENERAL.—There is authorized to be procured for 

the Coast Guard one polar-class heavy icebreaker vessel. 

(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 2018 is subject to 

the availability of appropriations or funds for that purpose 

for such later fiscal year. 

(b) LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT

OF ICEBREAKER VESSELS.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department 

of Defense for any fiscal year that are unobligated as of the date 

of the enactment of this Act may be obligated or expended for 

the procurement of an icebreaker vessel other than the one polarclass heavy icebreaker vessel authorized to be procured under subsection (a)(1). 

(c) CONTRACTING AUTHORITY.— 

(1) COAST GUARD.—If funds are appropriated to the department in which the Coast Guard is operating to carry out subsection (a)(1), the head of contracting activity for the Coast 

Guard shall be responsible for contracting actions carried out 

using such funds. 

(2) NAVY.—If funds are appropriated to the Department 

of Defense to carry out subsection (a)(1), the head of contracting 

activity for the Navy, Naval Sea Systems Command shall be 

responsible for contracting actions carried out using such funds. 

(3) INTERAGENCY ACQUISITION.—Notwithstanding paragraphs (1) and (2), the head of contracting activity for the 

Coast Guard or head of contracting activity for the Navy, Naval 

Sea Systems Command (as the case may be) may authorize 

interagency acquisitions that are within the authority of such 

head of contracting activity. 

(d) COMPTROLLER GENERAL REPORT.— 

(1) IN GENERAL.—Not later than March 1, 2018, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee 


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on Transportation and Infrastructure of the House of Representatives a report assessing the cost of, and schedule for, 

the procurement of new icebreaker vessels for the Federal 

Government. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include an analysis of the following: 

(A) The status of the efforts of the Coast Guard to 

acquire new icebreaking capability, including an explanation of how such efforts are coordinated through the 

integrated program office. 

(B) Actions taken by the Coast Guard to incorporate 

key practices of other countries with respect to the procurement of icebreaker vessels to increase the Coast Guard’s 

knowledge of, and to reduce the costs and risks of, procuring such vessels. 

(C) The extent to which the cost and schedule for 

the construction of Coast Guard icebreakers differs from 

such cost and schedule in other countries. 

(D) The extent to which innovative acquisition practices 

(such as multiyear funding and block buys) may be applied 

to the procurement of icebreaker vessels to reduce the 

costs and accelerate the schedule of such procurement. 

(E) A capacity replacement plan to mitigate a potential 

icebreaker capability gap if the Polar Star cannot remain 

in service. 

(F) Any other matters the Comptroller General considers appropriate. 

SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH 

BURKE CLASS DESTROYERS. 

(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 for the 

procurement of up to 15 Arleigh Burke class Flight III guided 

missile destroyers. 

(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 

of the Navy may enter into one or more contracts, beginning in 

fiscal year 2018, for advance procurement associated with the 

destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems 

and subsystems associated with such destroyers in economic order 

quantities when cost savings are achievable. 

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2018 is subject to the availability 

of appropriations or funds for that purpose for such later fiscal 

year. 

(d) LIMITATION.—The Secretary of the Navy may not modify 

a contract entered into under subsection (a) if the modification 

would increase the target price of the destroyer by more than 

10 percent above the target price specified in the original contract 

awarded for the destroyer under subsection (a). 

SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA 

CLASS SUBMARINE PROGRAM. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 


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Navy may enter into one or more multiyear contracts for the 

procurement of not more than 13 Virginia class submarines. 

(b) LIMITATION.—The Secretary of the Navy may not modify 

a contract entered into under subsection (a) if the modification 

would increase the target price of the submarine by more than 

10 percent above the target price specified in the original contract 

awarded for the submarine under subsection (a). 

(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary 

of the Navy may enter into one or more contracts, beginning in 

fiscal year 2018, for advance procurement associated with the Virginia class submarines for which authorization to enter into a 

multiyear procurement contract is provided under subsection (a) 

and for equipment or subsystems associated with the Virginia class 

submarine program, including procurement of— 

(1) long lead time material; or 

(2) material or equipment in economic order quantities 

when cost savings are achievable. 

(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 or funds for that purpose for such later fiscal 

year. 

(e) LIMITATION ON TERMINATION LIABILITY.—A contract for the 

construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the 

United States to the contractor for any termination of the contract. 

The maximum liability of the United States under the clause shall 

be the amount appropriated for the submarines covered by the 

contract regardless of the amount obligated under the contract. 

(f) VIRGINIA CLASS SUBMARINE DEFINED.—The term ‘‘Virginia 

class submarine’’ means a block V configured Virginia class submarine. 

SEC. 125. DESIGN AND CONSTRUCTION OF THE LEAD SHIP OF THE 

AMPHIBIOUS SHIP REPLACEMENT DESIGNATED LX(R) OR 

AMPHIBIOUS TRANSPORT DOCK DESIGNATED LPD–30. 

(a) IN GENERAL.—Using funds authorized to be appropriated 

for the Department of Defense for Shipbuilding and Conversion, 

Navy, the Secretary of the Navy may enter into a contract, beginning with the fiscal year 2018 program year, for the design and 

construction of— 

(1) the lead ship of the amphibious ship replacement class 

designated LX(R); or 

(2) the amphibious transport dock designated LPD–30. 

(b) USE OF INCREMENTAL FUNDING.—With respect to the contract entered into under subsection (a), the Secretary may use 

incremental funding to make payments under the contract. 

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract 

for any fiscal year after fiscal year 2018 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 OSPREY 

AIRCRAFT. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code (except as provided 


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in subsection (b)), the Secretary of the Navy may enter into one 

or more multiyear contracts, beginning with the 2018 program 

year, for the procurement of the following: 

(1) V–22 Osprey aircraft. 

(2) Common configuration-readiness and modernization 

upgrades for V–22 Osprey aircraft. 

(b) CONTRACT PERIOD.—Notwithstanding section 2306b(k) of 

title 10, United States Code, the period covered by a contract 

entered into on a multiyear basis under the authority of subsection 

(a) may exceed five years, but may not exceed seven years. 

(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 2018 is subject to the availability 

of appropriations or funds for that purpose for such later fiscal 

year. 

SEC. 127. 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) is amended by striking ‘‘2017’’ 

and inserting ‘‘2017 or fiscal year 2018’’. 

SEC. 128. LIMITATION ON AVAILABILITY OF FUNDS FOR THE 

ENHANCED MULTI-MISSION PARACHUTE SYSTEM. 

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

by this Act or otherwise made available for the Department of 

Defense for fiscal year 2018 for the enhanced multi-mission parachute system, not more than 80 percent may be used to enter 

into, or to prepare to enter into, a contract for the procurement 

of such parachute system until the date on which the Secretary 

of the Navy submits to the congressional defense committees the 

certification under subsection (b) and the report under subsection 

(c). 

(b) CERTIFICATION.—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 certification that states— 

(1) whether the multi-mission parachute system fielded 

by the Marine Corps meets Marine Corps requirements; 

(2) whether the RA–1 parachute system of the Army meets 

Marine Corps requirements; 

(3) whether the PARIS, Special Application Parachute of 

the Marine Corps meets Marine Corps requirements; 

(4) whether the testing plan for the enhanced multi-mission 

parachute system meets all applicable regulatory requirements; 

and 

(5) whether the Department of the Navy has determined 

that a high glide canopy parachute system is as safe and 

effective as the fielded free fall parachute systems. 

(c) REPORT.—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— 

(1) an explanation for using the Parachute Industry 

Association specification for a military parachute given that 

sports parachutes are deployed from relatively slow flying 

civilian aircraft at altitudes below 10,000 feet; 


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(2) a cost estimate for any new equipment and training 

that the Marine Corps will require in order to use a high 

glide parachute; 

(3) justification for why the Department of the Navy is 

not conducting any testing of parachutes until first article 

testing; and 

(4) an assessment of the risks associated with high glide 

canopy parachutes with a focus on how the Department of 

the Navy will mitigate the risk of malfunctions experienced 

in other high glide canopy parachute programs. 

SEC. 129. REPORT ON NAVY CAPACITY TO INCREASE PRODUCTION 

OF CERTAIN ROTARY WING AIRCRAFT. 

(a) REPORT.—Not later than March 30, 2018, the Secretary 

of the Navy shall submit to the congressional defense committees 

a report that describes and assesses the capacity of the Navy 

to increase production of the aircraft described in subsection (b), 

taking into account an increase in the size of the surface fleet 

of the Navy to 355 ships. 

(b) AIRCRAFT DESCRIBED.—The aircraft described in this subsection are the following: 

(1) Anti-submarine warfare rotary wing aircraft. 

(2) Search and rescue rotary wing aircraft. 

Subtitle D—Air Force Programs 

SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER AIRCRAFT. 

(a) INVENTORY REQUIREMENT.—Section 8062 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(i)(1) During the period beginning on October 1, 2017, and 

ending on October 1, 2022, the Secretary of the Air Force shall 

maintain a total aircraft inventory of fighter aircraft of not less 

than 1,970 aircraft, and a total primary mission aircraft inventory 

(combat-coded) of not less than 1,145 fighter aircraft. 

‘‘(2) In this subsection: 

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

‘‘(i) is designated by a mission design series prefix 

of F– or A–; 

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

‘‘(iii) executes single-role or multi-role missions, 

including air-to-air combat, air-to-ground attack, air interdiction, suppression or destruction of enemy air defenses, 

close air support, strike control and reconnaissance, combat 

search and rescue support, or airborne forward air control. 

‘‘(B) The term ‘primary mission aircraft inventory’ means 

aircraft assigned to meet the primary aircraft authorization 

to a unit for the performance of its wartime mission.’’. 

(b) LIMITATION ON RETIREMENT OF AIR FORCE FIGHTER AIR- CRAFT.— 

(1) LIMITATION.—Except as provided in subsection (c), 

during the period beginning on October 1, 2017, and ending 

on October 1, 2022, the Secretary of the Air Force may not 

proceed with a decision to retire fighter aircraft in any number 

that would reduce the total number of such aircraft in the 

10 USC 8062 

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Air Force total active inventory below 1,970, and shall maintain 

a minimum of 1,145 fighter aircraft designated as primary 

mission aircraft inventory. 

(2) ADDITIONAL LIMITATIONS ON RETIREMENT OF FIGHTER

AIRCRAFT.—Except as provided in subsection (c), during the 

period beginning on October 1, 2017, and ending on October 

1, 2022, the Secretary of the Air Force may not retire fighter 

aircraft from the total active inventory as of the date of the 

enactment of this Act until the later of the following: 

(A) The date that is 30 days after the date on which 

the Secretary submits the report required under paragraph 

(3). 

(B) The date that is 30 days after the date on which 

the Secretary certifies to the congressional defense committees that— 

(i) the retirement of such fighter aircraft will not 

increase the operational risk of meeting the National 

Defense Strategy; and 

(ii) the retirement of such aircraft will not reduce 

the total fighter force structure below 1,970 fighter 

aircraft or the primary mission aircraft inventory below 

1,145. 

(3) REPORT ON RETIREMENT OF AIRCRAFT.—The Secretary 

of the Air Force shall submit to the congressional defense 

committees a report setting forth the following: 

(A) The rationale for the retirement of existing fighter 

aircraft and an operational analysis of the portfolio of 

capabilities of the Air Force that demonstrates performance 

of the designated mission at an equal or greater level 

of effectiveness as the retiring aircraft. 

(B) An assessment of the implications for the Air Force, 

the Air National Guard, and the Air Force Reserve of 

the force mix ratio of fighter aircraft. 

(C) Such other matters relating to the retirement of 

fighter aircraft as the Secretary considers appropriate. 

(c) EXCEPTION FOR CERTAIN AIRCRAFT.—The requirement of 

subsection (b) does not apply to individual fighter aircraft that 

the Secretary of the Air Force determines, on a case-by-case basis, 

to be non-operational because of mishaps, other damage, or being 

uneconomical to repair. 

(d) FIGHTER AIRCRAFT DEFINED.—In this section, the term 

‘‘fighter aircraft’’ has the meaning given the term in subsection 

(i)(2)(A) of section 8062 of title 10, United States Code, as added 

by subsection (a) of this section. 

SEC. 132. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT 

OF E–8 JSTARS AIRCRAFT. 

(a) PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT.— 

Except as provided by subsection (b), none of the funds authorized 

to be appropriated by this Act or otherwise made available for 

fiscal year 2018 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. 

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

apply to individual E–8 Joint Surveillance Target Attack Radar 

System aircraft that the Secretary of the Air Force determines, 


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on a case-by-case basis, to be non-operational because of mishaps, 

other damage, or being uneconomical to repair. 

SEC. 133. REQUIREMENT FOR CONTINUATION OF JSTARS AIRCRAFT 

RECAPITALIZATION PROGRAM. 

(a) IN GENERAL.—If the budget request submitted to Congress 

for any fiscal year includes a request by the Secretary of the 

Air Force to cancel or modify the JSTARS aircraft recapitalization 

program, the Secretary of Defense shall submit, as part of such 

budget request, the report described in subsection (b). 

(b) REPORT.—The report described in this subsection, is a report 

that includes the following: 

(1) The assumptions, rationale, and all analysis supporting 

the proposed cancellation or modification of the JSTARS aircraft 

recapitalization program. 

(2) An assessment of the implications of such cancellation 

or modification for meeting the mission requirements for air 

battle management and moving target indicator intelligence 

discipline of the Air Force, the Air National Guard, the Army, 

the Army National Guard, the Navy and Marine Corps, and 

the combatant commands. 

(3) A certification that the plan for the cancellation or 

modification of the recapitalization program would not result 

in an increased time during which there is a capability or 

capacity gap in providing battlefield management, command 

and control and intelligence, surveillance, and reconnaissance 

capabilities to the combatant commanders. 

(4) Such other matters relating to the proposed cancellation 

or modification as the Secretary considers appropriate. 

(c) FORM OF REPORT.—The report under subsection (b) shall 

be submitted in unclassified form, but may include a classified 

annex. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘budget request’’ means the budget materials 

submitted by the Secretary of Defense in support of the budget 

of the President for a fiscal year (submitted to Congress pursuant to section 1105 of title 31, United States Code). 

(2) The term ‘‘JSTARS aircraft recapitalization program’’ 

means the recapitalization program for the E–8C Joint Surveillance Target Attack Radar System aircraft as such program 

is proposed to be carried out in the budget request submitted 

to Congress for fiscal year 2018. 

SEC. 134. LIMITATION ON SELECTION OF SINGLE CONTRACTOR FOR 

C–130H AVIONICS MODERNIZATION PROGRAM INCREMENT 

2. 

(a) LIMITATION.—The Secretary of the Air Force may not select 

only a single prime contractor to carry out increment 2 of the 

C–130H avionics modernization program until the Secretary submits to the congressional defense committees a written certification 

that, in selecting such a single prime contractor— 

(1) the Secretary will ensure, to the extent practicable, 

that commercially available off-the-shelf items are used under 

the program, including technology solutions and nondevelopmental items; and 

(2) excessively restrictive military specification standards 

will not be used to restrict or eliminate full and open competition in the selection process. 


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(b) DEFINITIONS.—In this section, the terms ‘‘commercially 

available off-the-shelf item’’, ‘‘full and open competition’’, and ‘‘nondevelopmental item’’ have the meanings given the terms in chapter 

1 of title 41, United States Code. 

SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR EC–130H COMPASS CALL RECAPITALIZATION PROGRAM. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for any fiscal 

year for the EC–130H Compass Call recapitalization program of 

the Air Force may be obligated until a period of 30 days has 

elapsed following the date on which the Under Secretary of Defense 

for Acquisition, Technology, and Logistics submits to the congressional defense committees the certification described in subsection 

(b). 

(b) CERTIFICATION.—The certification described in this subsection is a written statement certifying that— 

(1) an independent review of the acquisition process for 

the EC–130H Compass Call recapitalization program of the 

Air Force has been conducted; and 

(2) as a result of such review, it has been determined 

that the acquisition process for such program complies with 

all applicable laws, guidelines, and best practices. 

SEC. 136. LIMITATION ON RETIREMENT OF U–2 AND RQ–4 AIRCRAFT. 

(a) LIMITATION.—The Secretary of the Air Force may take no 

action that would prevent the Air Force from maintaining the 

fleets of U–2 aircraft or RQ–4 aircraft in their current, or improved, 

configurations and capabilities until— 

(1) the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the appropriate 

committees of Congress that— 

(A) in the case of the RQ–4 aircraft, the validated 

operating and sustainment costs of the capability developed 

to replace the RQ–4 aircraft are less than the validated 

operating and sustainment costs for the RQ–4 aircraft on 

a comparable flight-hour cost basis; or 

(B) in the case of the U–2 aircraft, the validated operating and sustainment costs of the capability developed 

to replace the U–2 aircraft are less than the validated 

operating and sustainment costs for the U–2 aircraft on 

a comparable flight-hour cost basis; and 

(2) the Chairman of the Joint Requirements Oversight 

Council certifies in writing to the appropriate committees of 

Congress that the capability to be fielded at the same time 

or before the retirement of the U–2 aircraft or RQ-4 aircraft 

(as the case may be) would result in equal or greater capability 

available to the commanders of the combatant commands and 

would not result in less capacity available to the commanders 

of the combatant commands. 

(b) WAIVER.—The Secretary of Defense may waive the certification requirement under subsection (a)(1) with respect to U–2 

aircraft or RQ–4 aircraft if the Secretary— 

(1) determines, after analyzing sufficient and relevant data, 

that a greater capability is worth increased operating and 

sustainment costs; and 

(2) provides to the appropriate committees of Congress 

a certification of such determination and supporting analysis. 


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(c) 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. 

(d) REPEAL.—Section 133 of the National Defense Authorization 

Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1321) 

is repealed. 

SEC. 137. COST-BENEFIT ANALYSIS OF UPGRADES TO MQ–9 REAPER 

AIRCRAFT. 

(a) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of the Air Force, shall conduct an analysis 

that compares the costs and benefits of the following: 

(1) Upgrading fielded MQ–9 Reaper aircraft to a Block 

5 configuration. 

(2) Proceeding with the procurement of MQ–9B aircraft 

instead of upgrading fielded MQ–9 Reaper aircraft to a Block 

5 configuration. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—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 that 

includes the results of the cost-benefit analysis conducted under 

subsection (a). 

(2) FORM OF REPORT.—The report required by paragraph 

(1) shall be submitted in unclassified form, but may include 

a classified annex. 

SEC. 138. PLAN FOR MODERNIZATION OF THE RADAR FOR F–16 

FIGHTER AIRCRAFT OF THE NATIONAL GUARD. 

(a) MODERNIZATION PLAN REQUIRED.—The Secretary of the Air 

Force shall develop a plan to modernize the radars of F–16 fighter 

aircraft of the National Guard by replacing legacy mechanicallyscanned radars for such aircraft with active electronically scanned 

array radars. 

(b) REPORT.—Not later 180 days after the date of the enactment 

of this Act, the Secretary of the Air Force shall submit to the 

congressional defense committees the plan developed under subsection (a). 

SEC. 139. COMPTROLLER GENERAL REVIEW OF AIR FORCE FIELDING 

PLAN FOR HH–60 REPLACEMENT PROGRAMS. 

(a) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

of the United States shall conduct a review of the Air Force fielding 

plan for the HH–60 replacement programs. 

(b) ELEMENTS.—The review conducted under subsection (a) 

shall include, with respect to the HH–60 replacement programs, 

the following: 

(1) A description of the recommendations of the National 

Commission on the Structure of the Air Force regarding the 

use of concurrent and proportional fielding and how the Air 

Force applied the recommendations in the fielding plan for 

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(2) An evaluation of the fielding plan, including an assessment of the Air Force rationale for the plan, as well as the 

alternative fielding plans considered by the Air Force. 

(3) An evaluation of the potential readiness impact of the 

fielding plan on active duty, National Guard, and Reserve units, 

including the impact of the plan on the ability of such units 

to meet training, maintenance, and deployment requirements, 

as well as the implications for total force integration initiatives 

should the fielding not be proportional. 

(c) BRIEFING.—Not later than March 1, 2018, the Comptroller 

General shall provide a briefing to the congressional defense 

committees on the review conducted under subsection (a). 

(d) FINAL REPORT.—Not later than June 30, 2018, the Comptroller General shall submit to the congressional committees a 

report that includes the results of the review conducted under 

subsection (a). 

(e) HH–60G REPLACEMENT PROGRAMS DEFINED.—In this section, the term ‘‘HH–60G replacement programs’’ means the HH– 

60G Ops Loss Replacement program and the HH–60W Combat 

Rescue Helicopter program. 

Subtitle E—Defense-wide, Joint, and 

Multiservice Matters 

SEC. 141. F–35 ECONOMIC ORDER QUANTITY CONTRACTING 

AUTHORITY. 

(a) IN GENERAL.—Subject to subsections (b) through (e), from 

amounts made available for obligation under the F–35 aircraft 

program, the Secretary of Defense may enter into one or more 

contracts, beginning with the fiscal year 2018 program year, for 

the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for 

the F–35 aircraft program for use in procurement contracts to 

be awarded for such program during fiscal years 2019 and 2020. 

(b) LIMITATION.—The total amount obligated under all contracts entered into under subsection (a) shall not exceed $661,000,000. 

(c) PRELIMINARY FINDINGS.—Before entering into a contract 

under subsection (a), the Secretary shall make each of the following 

findings with respect to such contract: 

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

savings of the total anticipated costs of carrying out the program through annual contracts. 

(2) The minimum need for the property to be procured 

is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities. 

(3) There is a reasonable expectation that, throughout the 

contemplated contract period, the Secretary will request 

funding for the contract at the level required to avoid contract 

cancellation. 

(4) That there is a stable design for the property to be 

procured and that the technical risks associated with such 

property are not excessive. 

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

the anticipated cost avoidance through the use of an economic 

order quantity contract are realistic. 


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(6) Entering into the contract will promote the national 

security interests of the United States. 

(d) CERTIFICATION REQUIREMENT.—Except as provided in subsection (e), the Secretary of Defense may not enter into a contract 

under subsection (a) until a period of 30 days has elapsed following 

the date on which the Secretary certifies to the congressional 

defense committees, in writing, that each of the following conditions 

is satisfied: 

(1) A sufficient number of end items of the system being 

acquired under such contract have been delivered at or within 

the most recently available estimates of the program acquisition 

unit cost or procurement unit cost for such system to determine 

that the estimates of the unit costs are realistic. 

(2) 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 submitted to Congress under section 221 of title 10, 

United States Code, for that fiscal year will include the funding 

required to execute the program without cancellation. 

(3) The contract is a fixed-price type contract. 

(4) The proposed contract provides for production at not 

less than minimum economic rates given the existing tooling 

and facilities. 

(5) The Secretary has determined that each of the conditions described in paragraphs (1) through (6) of subsection 

(c) will be met by such contract and has provided the basis 

for such determination to the congressional defense committees. 

(6) The determination under paragraph (5) was made after 

the completion of a cost analysis performed by the Director 

of Cost Assessment and Program Evaluation for the purpose 

of section 2334(e)(1) of title 10, United States Code, and the 

analysis supports that determination. 

(e) EXCEPTION.—Notwithstanding subsection (d), the Secretary 

of Defense may enter into a contract under subsection (a) on or 

after March 1, 2018, if— 

(1) the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary 

findings made by the Secretary under subsection (c) with 

respect to the contract; 

(2) the Secretary certifies to the congressional defense 

committees, in writing, that each of the conditions described 

in paragraphs (1) through (5) of subsection (d) is satisfied; 

and 

(3) a period of 30 days has elapsed following the date 

on which the Secretary submits the certification under paragraph (2). 

SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS 

TO ACQUIRE NEW OR EMERGING TECHNOLOGIES AND 

CAPABILITIES. 

The Secretary of Defense, after consultation with the head 

of each military service, may provide to an explosive ordnance 

disposal unit the authority to acquire new or emerging technologies 

and capabilities that are not specifically provided for in the authorized equipment allowance for the unit, as such allowance is set 

forth in the table of equipment and table of allowance for the 

unit. 

10 USC 2302 

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SEC. 143. REQUIREMENT THAT CERTAIN AIRCRAFT AND UNMANNED 

AERIAL VEHICLES USE SPECIFIED STANDARD DATA LINK. 

Section 157 of the National Defense Authorization Act for Fiscal 

Year 2013 (Public Law 112–239; 126 Stat. 1667) is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) SOLICITATIONS.—The Secretary of Defense shall— 

‘‘(1) ensure that any solicitation issued for a Common Data 

Link described in subsection (a), regardless of whether the 

solicitation is issued by a military department or a contractor 

with respect to a subcontract— 

‘‘(A) conforms to a Department of Defense specification 

standard, including interfaces and waveforms, existing as 

of the date of the solicitation; and 

‘‘(B) does not include any proprietary or undocumented 

waveforms or control interfaces or data interfaces as a 

requirement or criterion for evaluation; and 

‘‘(2) notify the congressional defense committees not later 

than 15 days after issuing a solicitation for a Common Data 

Link to be sunset (CDL–TBS) waveform.’’; and 

(2) in subsection (c), in the matter preceding paragraph 

(1)— 

(A) by striking ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ and inserting ‘‘Deputy Secretary of Defense’’; 

(B) by striking ‘‘Under Secretary’’ and inserting 

‘‘Deputy Secretary of Defense’’; and 

(C) by inserting ‘‘before October 1, 2023’’ after ‘‘committees’’. 

SEC. 144. REINSTATEMENT OF REQUIREMENT TO PRESERVE CERTAIN 

C–5 AIRCRAFT; MOBILITY CAPABILITY AND REQUIREMENTS STUDY. 

(a) PRESERVATION OF RETIRED AIRCRAFT.—Section 141 of the 

National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 112–239; 126 Stat. 1659), as amended by section 132 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328), is amended by inserting after subsection (c) the 

following: 

‘‘(d) PRESERVATION OF CERTAIN RETIRED C–5 AIRCRAFT.— 

‘‘(1) IN GENERAL.—The Secretary of the Air Force shall 

preserve eight retired C–5 aircraft until the date that is 30 

days after the date on which the briefing under section 144(b) 

of the National Defense Authorization Act for Fiscal Year 2018 

is provided to the congressional defense committees. 

‘‘(2) MANNER OF PRESERVATION.—The retired C–5 aircraft 

preserved under paragraph (1) shall be preserved such that 

each aircraft— 

‘‘(A) can be returned to service; and 

‘‘(B) is not used to supply parts to other aircraft unless 

specifically authorized by the Secretary of Defense upon 

a request by the Secretary of the Air Force.’’. 

(b) STUDY AND BRIEFING.— 

(1) STUDY.—The Secretary of Defense shall carry out a 

mobility capability and requirements study that estimates the 

number or airlift aircraft, tanker aircraft, and sealift ships 

needed to meet combatant commander requirements. 


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131 STAT. 1322 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) BRIEFING.—Not later than September 30, 2018, the 

Secretary of Defense shall provide to the congressional defense 

committees a briefing on the results of the study carried out 

under paragraph (1). The briefing shall include— 

(A) a detailed explanation of the strategy and associated force sizing and shaping constructs, associated scenarios, and assumptions used to conduct the analysis; 

(B) estimated risk based on Chairman of the Joint 

Chiefs of Staff risk management classifications; and 

(C) implications of operations in contested areas with 

regard to the Civil Reserve Air Fleet. 

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. Cost controls for presidential aircraft recapitalization program. 

Sec. 212. Capital investment authority. 

Sec. 213. Prizes for advanced technology achievements. 

Sec. 214. Joint Hypersonics Transition Office. 

Sec. 215. Department of Defense directed energy weapon system prototyping and 

demonstration program. 

Sec. 216. Appropriate use of authority for prototype projects. 

Sec. 217. Mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. 

Sec. 218. Modification of laboratory quality enhancement program. 

Sec. 219. Reauthorization of Department of Defense Established Program to Stimulate Competitive Research. 

Sec. 220. Codification and enhancement of authorities to provide funds for defense 

laboratories for research and development of technologies for military 

missions. 

Sec. 221. Expansion of definition of competitive procedures to include competitive 

selection for award of science and technology proposals. 

Sec. 222. Inclusion of modeling and simulation in test and evaluation activities for 

purposes of planning and budget certification. 

Sec. 223. Limitation on availability of funds for F–35 Joint Strike Fighter FollowOn Modernization. 

Sec. 224. Improvement of update process for populating mission data files used in 

advanced combat aircraft. 

Sec. 225. Support for national security innovation and entrepreneurial education. 

Sec. 226. Limitation on cancellation of designation Executive Agent for a certain 

Defense Production Act program. 

Subtitle C—Reports and Other Matters 

Sec. 231. Columbia-class program accountability matrices. 

Sec. 232. Review of barriers to innovation in research and engineering activities of 

the Department of Defense. 

Sec. 233. Pilot program to improve incentives for technology transfer from Department of Defense laboratories. 

Sec. 234. Competitive acquisition plan for low probability of detection data link networks. 

Sec. 235. Clarification of selection dates for pilot program for the enhancement of 

the research, development, test, and evaluation centers of the Department of Defense. 

Sec. 236. Requirement for a plan to build a prototype for a new ground combat vehicle for the Army. 

Sec. 237. Plan for successfully fielding the Integrated Air and Missile Defense Battle Command System. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1323 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4201. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. COST CONTROLS FOR PRESIDENTIAL AIRCRAFT RECAPITALIZATION PROGRAM. 

(a) FIXED CAPABILITY REQUIREMENTS.—Except as provided in 

subsection (b), the capability requirements for aircraft procured 

under the presidential aircraft recapitalization program of the Air 

Force (referred to in this section as the ‘‘PAR Program’’) shall 

be the capability requirements identified in version 7.0.2 of the 

system requirement document for the PAR Program. 

(b) ADJUSTMENTS.—The Chief of Staff of the Air Force may 

adjust the capability requirements described in subsection (a) only 

if the Chief of Staff submits to the congressional defense committees 

a written determination that such adjustment is necessary— 

(1) to resolve an ambiguity relating to the capability 

requirement; 

(2) to address a problem with the administration of the 

capability requirement; 

(3) to lower the development cost or life-cycle cost of the 

PAR program; 

(4) to comply with a change in international, Federal, State, 

or local law or regulation that takes effect after September 

30, 2017; 

(5) to address a safety issue; or 

(6) subject to subsection (c), to address an emerging threat 

or vulnerability. 

(c) LIMITATION ON ADJUSTMENT FOR EMERGING THREAT OR

VULNERABILITY.—The Chief of Staff of the Air Force may use the 

authority under paragraph (6) of subsection (b) to adjust the requirements described in subsection (a) only if the Secretary and the 

Chief of Staff of the Air Force, on a nondelegable basis— 

(1) jointly determine that such adjustment is necessary 

and in the interests of the national security of the United 

States; and 

(2) submit to the congressional defense committees notice 

of such joint determination. 

(d) ANALYSIS FOR FIXED-PRICE TYPE CONTRACTS.—The Secretary of the Air Force shall work with the contractor and conduct 

an analysis of risk and explore opportunities to enter into additional 

fixed price type contracts for engineering and manufacturing 

development beyond the procurement of the unmodified commercial 

aircraft as described in paragraph (1). 

(e) QUARTERLY BRIEFINGS.— 


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131 STAT. 1324 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) IN GENERAL.—Beginning not later than October 1, 2017, 

and on a quarterly basis thereafter through October 1, 2022, 

the Secretary of the Air Force shall provide to the congressional 

defense committees a briefing on the efforts of the Secretary 

to control costs under the PAR Program. 

(2) ELEMENTS.—Each briefing under paragraph (1) shall 

include, with respect to the PAR Program, the following: 

(A) An overview of the program schedule. 

(B) A description of each contract awarded under the 

program, including a description of the type of contract 

and the status of the contract. 

(C) An assessment of the status of the program with 

respect to— 

(i) modification; 

(ii) testing; 

(iii) delivery; and 

(iv) sustainment. 

(f) SERVICE ACQUISITION EXECUTIVE DEFINED.—In this section, 

the term ‘‘service acquisition executive’’ has the meaning given 

that term in section 101(a)(10) of title 10, United States Code. 

SEC. 212. CAPITAL INVESTMENT AUTHORITY. 

Section 2208(k)(2) of title 10, United States Code, is amended 

by striking ‘‘$250,000’’ and inserting ‘‘$500,000 for procurements 

by a major range and test facility installation or a science and 

technology reinvention laboratory and not less than $250,000 for 

procurements at all other facilities’’. 

SEC. 213. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS. 

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

(1) in subsection (a), by striking ‘‘in recognition of’’ and 

inserting ‘‘and other types of prizes that the Secretary determines are appropriate to recognize’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘cash prize of’’ and 

inserting ‘‘prize with a fair market value of’’; 

(B) in paragraph (2), by striking ‘‘Under Secretary 

of Defense for Acquisition, Technology, and Logistics’’ and 

inserting ‘‘Under Secretary of Defense for Research and 

Engineering’’; and 

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

‘‘(3) No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $10,000 

without the approval of the Under Secretary of Defense for Research 

and Engineering.’’; 

(3) in subsection (e)— 

(A) by inserting ‘‘or nonmonetary items’’ after ‘‘accept 

funds’’; 

(B) by striking ‘‘and from State and local governments’’ 

and inserting ‘‘, from State and local governments, and 

from the private sector’’; and 

(C) by adding at the end the following: ‘‘The Secretary 

may not give any special consideration to any private sector 

entity in return for a donation.’’; and 

(4) by amending subsection (f) to read as follows: 

‘‘(f) USE OF PRIZE AUTHORITY.—Use of prize authority under 

this section shall be considered the use of competitive procedures 

for the purposes of section 2304 of this title.’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1325 

SEC. 214. JOINT HYPERSONICS TRANSITION OFFICE. 

(a) REDESIGNATION.—The joint technology office on hypersonics 

in the Office of the Secretary of Defense is redesignated as the 

‘‘Joint Hypersonics Transition Office’’. Any reference in a law (other 

than this section), map, regulation, document, paper, or other record 

of the United States to the joint technology office on hypersonics 

shall be deemed to be a reference to the Joint Hypersonics Transition Office. 

(b) HYPERSONICS DEVELOPMENT.—Section 218 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 10 U.S.C. 2358 note), as amended by section 

1079(f) of the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 129 Stat. 999), is amended— 

(1) in the heading of subsection (a), by striking ‘‘JOINT

TECHNOLOGY OFFICE ON HYPERSONICS’’ and inserting ‘‘JOINT

HYPERSONICS TRANSITION OFFICE’’; 

(2) in subsection (a)— 

(A) in the first sentence, by striking ‘‘joint technology 

office on hypersonics’’ and inserting ‘‘Joint Hypersonics 

Transition Office (in this section referred to as the ‘Office’)’’; 

and 

(B) in the second sentence, by striking ‘‘office’’ and 

inserting ‘‘Office’’; 

(3) in subsection (b), by striking ‘‘joint technology office 

established under subsection (a)’’ and inserting ‘‘Office’’; and 

(4) by amending subsection (c) to read as follows: 

‘‘(c) RESPONSIBILITIES.—In carrying out the program required 

by subsection (b), the Office shall do the following: 

‘‘(1) Expedite testing, evaluation, and acquisition of 

hypersonic weapon systems to meet the stated needs of the 

warfighter, including flight testing, ground-based-testing, and 

underwater launch testing. 

‘‘(2) Coordinate and integrate current and future research, 

development, test, and evaluation programs and system demonstration programs of the Department of Defense on 

hypersonics. 

‘‘(3) Undertake appropriate actions to ensure— 

‘‘(A) close and continuous integration of the programs 

on hypersonics of the military departments and the Defense 

Agencies with the programs on hypersonics across the Federal Government and with appropriate private sector and 

foreign organizations; and 

‘‘(B) that both foundational research and developmental 

and operational testing resources are adequate and well 

funded, and that facilities are made available in a timely 

manner to support hypersonics research, demonstration 

programs, and system development. 

‘‘(4) Approve prototyping demonstration programs on 

hypersonic systems to speed the maturation and deployment 

of the systems to the warfighter,. 

‘‘(5) Ensure that any demonstration program on hypersonic 

systems that is carried out in any year after its approval 

under paragraph (3) is carried out only if certified under subsection (e) as being consistent with the roadmap under subsection (d). 

10 USC 2358 

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131 STAT. 1326 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(6) Develop strategies and roadmaps for hypersonic technologies to transition to operational capabilities for the 

warfighter. 

‘‘(7) Coordinate with relevant stakeholders and agencies 

to support United States technological advantage in developing 

hypersonics.’’; 

(5) in subsection (d)(1), by striking ‘‘joint technology office 

established under subsection (a)’’ and inserting ‘‘Office’’; and 

(6) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘joint technology office 

established under subsection (a)’’ and inserting ‘‘Office’’; 

and 

(B) in paragraph (2), by striking ‘‘joint technology 

office’’ and inserting ‘‘Office’’. 

SEC. 215. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON 

SYSTEM PROTOTYPING AND DEMONSTRATION PROGRAM. 

(a) DESIGNATION OF UNDER SECRETARY OF DEFENSE FOR

RESEARCH AND ENGINEERING AS THE OFFICIAL WITH PRINCIPAL

RESPONSIBILITY FOR DEVELOPMENT AND DEMONSTRATION OF

DIRECTED ENERGY WEAPONS.—Subsection (a)(1) of section 219 of 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 10 U.S.C. 2431 note) is amended by striking ‘‘Not 

later’’ and all that follows through ‘‘Department of Defense’’ and 

inserting ‘‘The Under Secretary of Defense for Research and 

Engineering shall serve’’. 

(b) PROTOTYPING AND DEMONSTRATION PROGRAM.—Such section 

is further amended by adding at the end the following new subsection: 

‘‘(c) PROTOTYPING AND DEMONSTRATION PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary of Defense, acting 

through the Under Secretary, shall establish a program on 

the prototyping and demonstration of directed energy weapon 

systems to build and maintain the military superiority of the 

United States by— 

‘‘(A) accelerating, when feasible, the fielding of directed 

energy weapon prototypes that would help counter technological advantages of potential adversaries of the United 

States; and 

‘‘(B) supporting the military departments, the combatant commanders, and other relevant defense agencies and 

entities in developing prototypes and demonstrating operational utility of high energy lasers and high powered 

microwave weapon systems. 

‘‘(2) GUIDELINES.—(A) Not later than 180 days after the 

date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2018, the Under Secretary shall issue guidelines for the operation of the program established under paragraph (1), including the following: 

‘‘(i) Criteria required for an application for funding 

by a military department, defense agency or entity, or 

a combatant command. 

‘‘(ii) The priorities, based on validated requirements 

or capability gaps, for fielding prototype directed energy 

weapon system technologies developed by research funding 

of the Department or industry. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1327 

‘‘(iii) Criteria for evaluation of an application for 

funding or changes to policies or acquisition and business 

practices by such a department, agency, or command for 

purposes of improving the effectiveness and efficiency of 

the program. 

‘‘(B) Funding for a military department, defense agency, 

or combatant command under the program established under 

paragraph (1) may only be available for advanced technology 

development, prototyping, and demonstrations in which the 

Department of Defense maintains management of the technical 

baseline and a primary emphasis on technology transition and 

evaluating military utility to enhance the likelihood that the 

particular directed energy weapon system will meet the Department end user’s need. 

‘‘(3) APPLICATIONS FOR FUNDING.—(A) Not less frequently 

than once each year, the Under Secretary shall solicit from 

the heads of the military departments, the defense agencies, 

and the combatant commands applications for funding under 

the program established under paragraph (1) to be used to 

enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 2371b of 

title 10, United States Code, with appropriate entities for the 

prototyping or commercialization of technologies. 

‘‘(B) Nothing in this section shall be construed to require 

any official of the Department of Defense to provide funding 

under the program to any congressional earmark as defined 

pursuant to clause 9 of rule XXI of the Rules of the House 

of Representatives or any congressionally directed spending 

item as defined pursuant to paragraph 5 of rule XLIV of the 

Standing Rules of the Senate. 

‘‘(4) FUNDING.—(A) Except as provided in subparagraph 

(B) 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 2018 or 

otherwise made available for fiscal year 2018 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). 

‘‘(B) Not more than half of the amounts made available 

under subparagraph (A) may be allocated as described in such 

paragraph until the Under Secretary— 

‘‘(i) develops the strategic plan required by subsection 

(a)(2)(A); and 

‘‘(ii) submits such strategic plan to the congressional 

defense committees. 

‘‘(5) UNDER SECRETARY DEFINED.—In this subsection, the 

term ‘Under Secretary’ means the Under Secretary of Defense 

for Research and Engineering in the Under Secretary’s capacity 

as the official with principal responsibility for the development 

and demonstration of directed energy weapons pursuant to 

subsection (a)(1).’’. 


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131 STAT. 1328 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 216. APPROPRIATE USE OF AUTHORITY FOR PROTOTYPE 

PROJECTS. 

Section 2371b(d)(1)(A) of title 10, United States Code, is 

amended by inserting ‘‘or nonprofit research institution’’ after 

‘‘defense contractor’’. 

SEC. 217. MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL 

TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS TO 

SUPPORT DEPARTMENT OF DEFENSE MISSIONS. 

(a) ARRANGEMENTS AUTHORIZED.— 

(1) IN GENERAL.—The Secretary of Defense and each secretary of a military department may establish one or more 

multi-institution task order contracts, consortia, cooperative 

agreements, or other arrangements to facilitate expedited 

access to university technical expertise, including faculty, staff, 

and students, in support of Department of Defense missions 

in the areas specified in subsection (e). 

(2) USE FOR TECHNICAL ANALYSES AND ENGINEERING SUPPORT.—The Secretary may use an arrangement under paragraph (1) to fund technical analyses and other engineering 

support as required to address acquisition, management, and 

operational challenges, including support for classified programs and activities. 

(b) LIMITATION.—An arrangement established under subsection 

(a)(1) may not be used to fund research programs that can be 

executed through other Department of Defense basic research activities. 

(c) CONSULTATION WITH OTHER DEPARTMENT OF DEFENSE

ACTIVITIES.—An arrangement established under subsection (a)(1) 

shall, to the degree practicable, be made in consultation with other 

Department of Defense activities, including federally funded 

research and development centers (FFRDCs), university affiliated 

research centers (UARCs), and Defense laboratories and test centers, for purposes of providing technical expertise and reducing 

costs and duplicative efforts. 

(d) POLICIES AND PROCEDURES.—If the Secretary of Defense 

or a secretary of a military department establishes one or more 

arrangements under subsection (a)(1), the Secretary of Defense 

shall establish and implement policies and procedures to govern— 

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

(2) the awarding of task orders under the arrangement 

or arrangements; 

(3) maximum award size for tasks under the arrangement 

or arrangements; 

(4) the appropriate use of competitive awards and sole 

source awards under the arrangement or arrangements; and 

(5) technical areas under the arrangement or arrangements. 

(e) MISSION AREAS.—The areas specified in this subsection are 

as follows: 

(1) Cybersecurity. 

(2) Air and ground vehicles. 

(3) Shipbuilding. 

(4) Explosives detection and defeat. 

(5) Undersea warfare. 

(6) Trusted electronics. 

10 USC 2358 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1329 

(7) Unmanned systems. 

(8) Directed energy. 

(9) Energy, power, and propulsion. 

(10) Management science and operations research. 

(11) Artificial intelligence. 

(12) Data analytics. 

(13) Business systems. 

(14) Technology transfer and transition. 

(15) Biological engineering and genetic enhancement. 

(16) High performance computing. 

(17) Materials science and engineering. 

(18) Quantum information sciences. 

(19) Special operations activities. 

(20) Modeling and simulation. 

(21) Autonomous systems. 

(22) Model based engineering. 

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

(f) SUNSET.—No new arrangements may be entered into under 

subsection (a)(1) after September 30, 2020. 

(g) ARRANGEMENTS ESTABLISHED UNDER SUBSECTION (A)(1) 

DEFINED.—In this section, the term ‘‘arrangement established under 

subsection (a)(1)’’ means a multi-institution task order contract, 

consortia, cooperative agreement, or other arrangement established 

under subsection (a)(1). 

SEC. 218. MODIFICATION OF LABORATORY QUALITY ENHANCEMENT 

PROGRAM. 

(a) IN GENERAL.—Section 211 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328) is 

amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (A), by striking ‘‘; and’’ and 

inserting a semicolon; 

(B) in subparagraph (B), by striking the semicolon 

and inserting ‘‘; and’’; and 

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

‘‘(C) new interpretations of existing statutes and regulations that would enhance the ability of a director of 

a science and technology reinvention laboratory to manage 

the facility and discharge the mission of the laboratory;’’; 

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

new paragraph: 

‘‘(3)(A) Each panel described in paragraph (1), (2), or (3) of 

subsection (b) shall submit to the panel described in paragraph 

(4) of such subsection (relating to governance and oversight processes) the following: 

‘‘(i) The findings of the panel with respect to the review 

conducted by the panel under subsection (a)(1)(C). 

‘‘(ii) The recommendations made by the panel under such 

subsection. 

‘‘(iii) Such comments, findings, and recommendations as 

the panel may have received by a science and technology reinvention laboratory with respect to— 

‘‘(I) the review conducted by the panel under such 

subsection; or 

10 USC 2358 

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131 STAT. 1330 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(II) recommendations made by the panel under such 

subsection. 

‘‘(B)(i) The panel described in subsection (b)(4) shall review 

and refashion such recommendations as the panel may receive 

under subparagraph (A). 

‘‘(ii) In reviewing and refashioning recommendations under 

clause (i), the panel may, as the panel considers appropriate, consult 

with the science and technology executive of the affected service. 

‘‘(C) The panel described in subsection (b)(4) shall submit to 

the Under Secretary of Defense for Research and Engineering the 

recommendations made by the panel under subsection (a)(1)(C) 

and the recommendations refashioned by the panel under subparagraph (B) of this paragraph.’’; 

(3) by redesignating subsections (e) and (f) as subsection 

(f) and (g), respectively; and 

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

‘‘(e) INTERPRETATION OF PROVISIONS OF LAW.—(1) The Under 

Secretary of Defense for Research and Engineering, acting under 

the guidance of the Secretary, shall issue regulations regarding 

the meaning, scope, implementation, and applicability of any provision of a statute relating to a science and technology reinvention 

laboratory. 

‘‘(2) In interpreting or defining under paragraph (1), the Under 

Secretary shall, to the degree practicable, emphasize providing the 

maximum operational flexibility to the directors of the science and 

technology reinvention laboratories to discharge the missions of 

their laboratories. 

‘‘(3) In interpreting or defining under paragraph (1), the Under 

Secretary shall, to the extent practicable, consult and coordinate 

with the secretaries of the military departments and such other 

agencies or entities as the Under Secretary considers relevant, 

on any proposed revision to regulations under paragraph (1). 

‘‘(4) In interpreting or defining under paragraph (1), the Under 

Secretary shall seek recommendations from the panel described 

in subsection (b)(4).’’. 

(b) TECHNICAL CORRECTIONS.—(1) Subsections (a), (c)(1)(C), and 

(d)(2) of such section are amended by striking ‘‘Assistant Secretary’’ 

each place it appears and inserting ‘‘Under Secretary’’. 

(2) Subparagraph (C) of section 342(b)(3) of the National 

Defense Authorization Act for Fiscal Year 1995 (Public Law 103– 

337), as amended by section 211(f) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328), as 

redesignated by subsection (a)(3) of this section, is amended by 

striking ‘‘Assistant Secretary’’ and inserting ‘‘Under Secretary’’. 

SEC. 219. REAUTHORIZATION OF DEPARTMENT OF DEFENSE ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE 

RESEARCH. 

(a) MODIFICATION OF PROGRAM OBJECTIVES.—Subsection (b) of 

section 257 of the National Defense Authorization Act for Fiscal 

Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is amended— 

(1) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; 

(2) by inserting before paragraph (2), as redesignated by 

paragraph (1), the following new paragraph (1): 

10 USC 2358 

note. 

10 USC 2358 

note. 

10 USC 2358 

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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1331 

‘‘(1) To increase the number of university researchers in 

eligible States capable of performing science and engineering 

research responsive to the needs of the Department of 

Defense.’’; and 

(3) in paragraph (2), as redesignated by paragraph (1), 

by inserting ‘‘relevant to the mission of the Department of 

Defense and’’ after ‘‘that is’’. 

(b) MODIFICATION OF PROGRAM ACTIVITIES.—Subsection (c) of 

such section is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) To provide assistance to science and engineering 

researchers at institutions of higher education in eligible States 

through collaboration between Department of Defense laboratories and such researchers.’’. 

(c) MODIFICATION OF ELIGIBILITY CRITERIA FOR STATE PARTICIPATION.—Subsection (d) of such section is amended— 

(1) in paragraph (2)(B), by inserting ‘‘in areas relevant 

to the mission of the Department of Defense’’ after ‘‘programs’’; 

and 

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

‘‘(3) The Under Secretary shall not remove a designation of 

a State under paragraph (2) because the State exceeds the funding 

levels specified under subparagraph (A) of such paragraph unless 

the State has exceeded such funding levels for at least two consecutive years.’’. 

(d) MODIFICATION OF COORDINATION REQUIREMENT.—Subsection (e) of such section is amended— 

(1) in paragraph (1), by striking ‘‘shall’’ each place it 

appears and inserting ‘‘may’’; and 

(2) in paragraph (3), by inserting ‘‘relevant to the mission 

of the Department of Defense and’’ after ‘‘Research are’’. 

(e) MODIFICATION OF NAME.— 

(1) IN GENERAL.—Such section is amended— 

(A) in subsections (a) and (e) by striking ‘‘Experimental’’ each place it appears and inserting ‘‘Established’’; 

and 

(B) in the section heading, by striking ‘‘EXPERIMENTAL’’ 

and inserting ‘‘ESTABLISHED’’. 

(2) CLERICAL AMENDMENT.—Such Act is amended, in the 

table of contents in section 2(b), by striking the item relating 

to section 257 and inserting the following new item: 

‘‘Sec. 257. Defense established program to stimulate competitive research.’’. 

(3) CONFORMING AMENDMENT.—Section 307 of the 1997 

Emergency Supplemental Appropriations Act for Recovery from 

Natural Disasters, and for Overseas Peacekeeping Efforts, 

Including Those in Bosnia (Public Law 105–18) is amended 

by striking ‘‘Experimental’’ and inserting ‘‘Established’’. 

SEC. 220. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO 

PROVIDE FUNDS FOR DEFENSE LABORATORIES FOR 

RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR 

MILITARY MISSIONS. 

(a) IN GENERAL.—Chapter 139 of title 10, United States Code, 

is amended by inserting after section 2362 the following new section: 

10 USC 2358 

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131 STAT. 1332 PUBLIC LAW 115–91—DEC. 12, 2017 

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

‘‘(a) MECHANISMS TO PROVIDE FUNDS.—(1) The Secretary of 

Defense, in consultation with the Secretaries of the military departments, shall establish mechanisms under which the director of 

a defense laboratory may use an amount of funds equal to not 

less than two percent and not more than four percent of all funds 

available to the defense laboratory for the following purposes: 

‘‘(A) To fund innovative basic and applied research that 

is conducted at the defense laboratory and supports military 

missions. 

‘‘(B) To fund development programs that support the transition of technologies developed by the defense laboratory into 

operational use. 

‘‘(C) To fund workforce development activities that improve 

the capacity of the defense laboratory to recruit and retain 

personnel with necessary scientific and engineering expertise 

that support military missions. 

‘‘(D) To fund the repair or minor military construction 

of the laboratory infrastructure and equipment, in accordance 

with subsection (b). 

‘‘(2) The mechanisms established under paragraph (1) shall 

provide that funding shall be used under paragraph (1) at the 

discretion of the director of a defense laboratory in consultation 

with the science and technology executive of the military department concerned. 

‘‘(3) The science and technology executive of a military department may develop policies and guidance to leverage funding and 

promote cross-laboratory collaboration, including with laboratories 

of other military departments. 

‘‘(4) After consultation with the science and technology executive 

of the military department concerned, the director of a defense 

laboratory may charge customer activities a fixed percentage fee, 

in addition to normal costs of performance, in order to obtain 

funds to carry out activities authorized by this subsection. The 

fixed fee may not exceed four percent of costs. 

‘‘(b) AVAILABILITY OF FUNDS FOR INFRASTRUCTURE PROJECTS.— Funds shall be available in accordance with subsection (a)(1)(D) 

only if— 

‘‘(1) the Secretary notifies the congressional defense 

committees of the total cost of the project before the date 

on which the Secretary uses the mechanism under such subsection for such project; and 

‘‘(2) the Secretary ensures that the project complies with 

the applicable cost limitations in— 

‘‘(A) section 2805(d) of this title, with respect to revitalization and recapitalization projects; and 

‘‘(B) section 2811 of this title, with respect to repair 

projects. 

‘‘(c) ANNUAL REPORT ON USE OF AUTHORITY.—(1) Not later 

than March 1 of each year until March 1, 2025, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the use of the authority under subsection (a) during 

the preceding year. 

‘‘(2) Each report under paragraph (1) shall include, with respect 

to the year covered by the report, the following: 

10 USC 2363. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1333 

‘‘(A) A description of the mechanisms used to provide 

funding under subsection (a)(1). 

‘‘(B) A statement of the amount of funding made available 

to each defense laboratory for research described under such 

subsection. 

‘‘(C) A description of the investments made by each defense 

laboratory using funds under such subsection. 

‘‘(D) A description and assessment of any improvements 

in the performance of the defense laboratories as a result 

of investments under such subsection. 

‘‘(E) A description and assessment of the contributions to 

the development of needed military capabilities provided by 

research using funds under such subsection. 

‘‘(F) A description of any modification to the mechanisms 

under subsection (a) that would improve the efficiency of the 

authority under such subsection to support military missions.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 139 of such title is amended by inserting after 

the item relating to section 2362 the following new item: 

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

(c) CONFORMING AMENDMENTS.—(1) Section 219 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 10 U.S.C. 2358 note), is hereby repealed. 

(2) Section 2805(d)(1)(B) of title 10, United States Code, is 

amended by striking ‘‘under section 219(a) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 10 U.S.C. 2358 note)’’ and inserting ‘‘section 2363(a) 

of this title’’. 

SEC. 221. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES 

TO INCLUDE COMPETITIVE SELECTION FOR AWARD OF 

SCIENCE AND TECHNOLOGY PROPOSALS. 

Section 2302(2)(B) of title 10, United States Code, is amended 

by striking ‘‘basic research’’ and inserting ‘‘science and technology’’. 

SEC. 222. INCLUSION OF MODELING AND SIMULATION IN TEST AND 

EVALUATION ACTIVITIES FOR PURPOSES OF PLANNING 

AND BUDGET CERTIFICATION. 

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

(1) in subsection (d)(1), in the first sentence, by inserting 

‘‘, including modeling and simulation capabilities’’ after ‘‘and 

resources’’; and 

(2) in subsection (e)(1), by inserting ‘‘, including modeling 

and simulation activities,’’ after ‘‘evaluation activities’’. 

SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR F–35 JOINT 

STRIKE FIGHTER FOLLOW-ON MODERNIZATION. 

(a) IN GENERAL.—Not more than 25 percent of the funds authorized to be appropriated by this Act or otherwise made available 

for fiscal year 2018 or any other fiscal year for the Department 

of Defense may be obligated for F–35 Joint Strike Fighter FollowOn Modernization until the Secretary of Defense provides the final 

report required under section 224(b) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328). 

(b) DUAL CAPABLE AIRCRAFT.—Neither the limitation in subsection (a) nor the limitation in section 224(a) of the National 

10 USC 2351 

prec. 


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131 STAT. 1334 PUBLIC LAW 115–91—DEC. 12, 2017 

Defense Authorization Act for Fiscal Year 2017 shall be construed 

to limit or otherwise restrict any funding that is required to develop, 

certify, or deliver F–35A dual capable aircraft. 

SEC. 224. IMPROVEMENT OF UPDATE PROCESS FOR POPULATING MISSION DATA FILES USED IN ADVANCED COMBAT AIRCRAFT. 

(a) IMPROVEMENTS TO UPDATE PROCESS.— (1) IN GENERAL.—The Secretary of Defense shall take such 

actions as may be necessary to improve the process used to 

update the mission data files used in advanced combat aircraft 

of the United States so that such updates can occur more 

quickly. 

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

(A) That under such process, updates to the mission 

data files are developed, operationally tested, and loaded 

onto systems of advanced combat aircraft while in theaters 

of operation in a time-sensitive manner to allow for the 

distinguishing of threats, including distinguishing friends 

from foes, loading and delivery of weapon suites, and 

coordination with allied and coalition armed forces. 

(B) When updates are made to the mission data files, 

all areas of responsibility (AoRs) are included. 

(C) The process includes best practices relating to such 

mission data files that have been identified by industry 

and allies of the United States. 

(D) The process improves the exchange of information 

between weapons systems of the United States and weapon 

systems of allies and partners of the United States, with 

respect to such mission data files. 

(b) CONSULTATION AND PILOT PROGRAMS.—In carrying out subsection (a), the Secretary shall consult the innovation organizations 

resident in the Department of Defense and may consider carrying 

out a pilot program under another provision of this Act. 

(c) REPORT.—Not later than March 31, 2018, the Secretary 

shall submit to the congressional defense committees a report on 

the actions taken by the Secretary under subsection (a)(1) and 

how the process described in such subsection has been improved. 

SEC. 225. SUPPORT FOR NATIONAL SECURITY INNOVATION AND 

ENTREPRENEURIAL EDUCATION. 

(a) SUPPORT AUTHORIZED.— (1) IN GENERAL.—The Secretary of Defense may, acting 

through the Under Secretary of Defense for Research and 

Engineering, support national security innovation and entrepreneurial education programs. 

(2) ELEMENTS.—Support under paragraph (1) may include 

the following: 

(A) Materials to recruit participants, including veterans, for programs described in paragraph (1). 

(B) Model curriculum for such programs. 

(C) Training materials for such programs. 

(D) Best practices for the conduct of such programs. 

(E) Experimental learning opportunities for program 

participants to interact with operational forces and better 

understand national security challenges. 

(F) Exchanges and partnerships with Department of 

Defense science and technology activities. 

10 USC 2359 

note. 

10 USC 113 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1335 

(G) Activities consistent with the Proof of Concept 

Commercialization Pilot Program established under section 

1603 of the National Defense Authorization Act for Fiscal 

Year 2014 (Public Law 113–66; 10 U.S.C. 2359 note). 

(b) CONSULTATION.—In carrying out subsection (a), the Secretary may consult with the heads of such Federal agencies, universities, and public and private entities engaged in the development 

of advanced technologies as the Secretary determines to be appropriate. 

(c) AUTHORITIES.—The Secretary may— 

(1) develop and maintain metrics to assess national security 

innovation and entrepreneurial education activities to ensure 

standards for programs supported under subsection (b) are 

consistent and being met; and 

(2) ensure that any recipient of an award under the Small 

Business Technology Transfer program, the Small Business 

Innovation Research program, and science and technology programs of the Department of Defense has the option to participate in training under a national security innovation and entrepreneurial education program supported under subsection (b). 

(d) PARTICIPATION BY FEDERAL EMPLOYEES AND MEMBERS OF

THE ARMED FORCES.—The Secretary may encourage Federal 

employees and members of the Armed Forces to participate in 

a national security innovation and entrepreneurial education program supported under subsection (a) in order to gain exposure 

to modern innovation and entrepreneurial methodologies. 

(e) COORDINATION.—In carrying out this section, the Secretary 

shall consider coordinating and partnering with activities and 

organizations involved in the following: 

(1) Hack the Army. 

(2) Hack the Air Force. 

(3) Hack the Pentagon. 

(4) The Army Digital Service. 

(5) The Defense Digital Service. 

(6) The Air Force Digital Service. 

(7) Challenge and prize competitions of the Defense 

Advanced Research Projects Agency (DARPA). 

(8) The Defense Science Study Group. 

(9) The Small Business Innovation Research Program 

(SBIR). 

(10) The Small Business Technology Transfer Program 

(STTR). 

(11) War colleges of the military departments. 

(12) Hacking for Defense. 

(13) The National Security Science and Engineering Faculty Fellowship (NSSEFF) program. 

(14) The Science, Mathematics and Research for Transformation (SMART) scholarship program. 

(15) The young faculty award program of the Defense 

Advanced Research Projects Agency. 

SEC. 226. LIMITATION ON CANCELLATION OF DESIGNATION 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 


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131 STAT. 1336 PUBLIC LAW 115–91—DEC. 12, 2017 

Directive 4400.1E, entitled ‘‘Defense Production Act Programs’’ and 

dated October 12, 2001, of the currently assigned Department of 

Defense Executive Agent for the program carried out under title 

III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) 

until the Secretary has— 

(1) completed the review and assessment required by subsection (b)(1); and 

(2) carried out the briefing required by subsection (c). 

(b) REVIEW AND ASSESSMENT REQUIRED.— (1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of the Air Force, shall conduct a review 

and assessment of the program described in subsection (a). 

(2) ELEMENTS.—The review and assessment required by 

paragraph (1) shall include the following: 

(A) Assessment of the current management structure 

for the program, including analysis of the mechanisms 

for accountability, as well as cost and management controls 

currently in place. 

(B) Analysis of alternatives for proposals to modify 

that management structure to increase accountability, cost 

and management controls. Such analysis of alternatives 

should consider the relative merits of centralization and 

decentralization, roles of other military departments in 

program management and contracting, as well as the different roles the Office of the Secretary of Defense might 

play in management, oversight and execution. 

(C) Recommendations for improving the assessment 

and selection of projects in order to— 

(i) ensure that projects selected are appropriate 

for use of funds appropriated to carry out title III 

of the Defense Production Act of 1950; 

(ii) ensure that sufficient vetting and management 

controls are in place to ensure a reasonable degree 

of confidence that project ideas or the companies being 

supported will be viable; and 

(iii) increase overall successful execution for 

selected projects. 

(D) Such other matters as the Secretary considers 

appropriate. 

(c) BRIEFING REQUIRED.—The Secretary shall brief the appropriate Committees of Congress on the findings of the Secretary 

with respect to the review and assessment conducted under subsection (b). 

(d) NOTIFICATION REQUIRED.—In the event the Secretary of 

Defense decides to cancel the designation, under Department of 

Defense Directive 4400.1E, entitled ‘‘Defense Production Act Programs’’ and dated October 12, 2001, of the currently assigned 

Department of Defense Executive Agent for the program described 

in subsection (a), the Secretary shall submit to the appropriate 

committees of Congress a written notification of such decision at 

least 60 days before the decision goes into effect. 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means the— 

(1) the Committee on Armed Services and the Committee 

on Banking, Housing, and Urban Affairs of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Financial Services of the House of Representatives. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1337 

Subtitle C—Reports and Other Matters 

SEC. 231. COLUMBIA-CLASS PROGRAM ACCOUNTABILITY MATRICES. 

(a) SUBMITTAL OF MATRICES.—Concurrent with the President’s 

annual budget request submitted to Congress under section 1105 

of title 31, United States Code, for fiscal year 2019, the Secretary 

of the Navy shall submit to the congressional defense committees 

and the Comptroller General of the United States the matrices 

described in subsection (b) relating to the Columbia-class program. 

(b) MATRICES DESCRIBED.—The matrices described in this subsection are the following: 

(1) DESIGN AND CONSTRUCTION GOALS.—A matrix that 

identifies, in six-month increments, key milestones, development events, and specific performance goals for the design 

and construction of the Columbia-class program, which shall 

be subdivided, at a minimum, according to the following: 

(A) Technology-readiness levels of major components 

and key demonstration events. 

(B) Design maturity. 

(C) Manufacturing-readiness levels for critical manufacturing operations and key demonstration events. 

(D) Manufacturing operations. 

(E) Reliability. 

(2) COST.—A matrix expressing, in annual increments, the 

total cost phased over the entire Columbia-class design and 

construction period of— 

(A) the Navy service cost position for the prime contractor’s portion of Columbia-class design and construction 

activities, including the estimated price at completion for 

each submarine and confidence level of this estimate; 

(B) the program manager’s estimate for the prime contractor’s portion of Columbia-class design and construction 

activities, including the estimated price and variance at 

completion for each submarine; and 

(C) the prime contractor’s estimate for the prime contractor’s portion of Columbia-class design and construction 

activities, including the estimated price and variance at 

completion for each submarine. 

(c) UPDATE OF MATRICES.— 

(1) IN GENERAL.—Not later than 180 days after the date 

on which the Secretary of the Navy submits the matrices 

required by subsection (a), and concurrent with the submittal 

of each annual budget request to Congress under section 1105 

of title 31, United States Code, beginning with the fiscal year 

2020 request, the Secretary of the Navy shall submit to the 

congressional defense committees and the Comptroller General 

of the United States updates to the matrices described in subsection (b). 

(2) ELEMENTS.—Each update submitted under paragraph 

(1) shall detail progress made toward the goals identified in 

the matrix described in subsection (b)(1) and provide updated 

cost data as prescribed in subsection (b)(2). 

(3) TREATMENT OF INITIAL MATRICES AS BASELINE.—The 

matrices submitted pursuant to subsection (a) shall be treated 


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131 STAT. 1338 PUBLIC LAW 115–91—DEC. 12, 2017 

as the baseline for the full Columbia-class design and construction period for purposes of the updates submitted pursuant 

to paragraph (1) of this subsection. 

(4) REPORT TERMINATION.—The report required under paragraph (1) shall terminate upon delivery of the first Columbiaclass submarine. 

(d) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES.—Not later than 90 days after the date on which the Comptroller General of the United States receives an update to a matrix 

under subsection (c)(1), the Comptroller General shall review such 

matrix and provide to the congressional defense committees an 

assessment of such matrix in whatever form that the Comptroller 

General deems appropriate. 

(e) REPEAL OF REPORT REQUIREMENT.—Section 131 of the 

National Defense Authorization Act for Fiscal Year 2016 (129 Stat. 

754; Public Law 114–92) is hereby repealed. 

(f) MAJOR COMPONENT DEFINED.—In this section, the term 

‘‘major component’’ includes, at a minimum, the integrated power 

system, nuclear reactor, propulsor and related coordinated stern 

features, stern area system, and common missile compartment. 

SEC. 232. REVIEW OF BARRIERS TO INNOVATION IN RESEARCH AND 

ENGINEERING ACTIVITIES OF THE DEPARTMENT OF 

DEFENSE. 

(a) REVIEW.—The Secretary of Defense, acting through the 

Under Secretary of Defense for Research and Engineering, shall 

review directives, rules, regulations, and other policies that 

adversely affect the ability of the innovation, research, and 

engineering enterprise of the Department of Defense to effectively 

and efficiently execute its missions, including policies and practices 

concerning the following: 

(1) Personnel and talent management. 

(2) Financial management and budgeting. 

(3) Infrastructure, installations, and military construction. 

(4) Acquisition. 

(5) Management. 

(6) Such other areas as the Secretary may designate. 

(b) REPORT.—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— 

(1) the findings of the Secretary with respect to the review 

conducted under subsection (a); 

(2) proposed changes in directives, rules, regulations, and 

other policies that will enhance the ability of the innovation, 

research, and engineering enterprise of the Department to 

executive its designated missions, including a description of 

how proposed changes have been coordinated with other appropriate Secretaries of the military departments and the appropriate heads of the defense agencies; and 

(3) processes by which new directives, rules, regulations, 

and other policies will be reviewed for their potential to 

adversely affect the ability of the innovation, research, and 

engineering enterprise of the Department and the lead official 

designated to execute such review in consultation with other 

relevant and appropriate Secretaries of the military departments and heads of defense agencies. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1339 

SEC. 233. PILOT PROGRAM TO IMPROVE INCENTIVES FOR TECHNOLOGY TRANSFER FROM DEPARTMENT OF DEFENSE 

LABORATORIES. 

(a) IN GENERAL.—The Secretary of Defense shall establish a 

pilot program to assess the feasibility and advisability of distributing royalties and other payments as described in this section. 

Under the pilot program, except as provided in subsections (b) 

and (d), any royalties or other payments received by a Federal 

agency from the licensing and assignment of inventions under agreements entered into by Department of Defense laboratories, and 

from the licensing of inventions of Department of Defense laboratories, shall be retained by the laboratory which produced the 

invention and shall be disposed of as follows: 

(1)(A) The laboratory director shall pay each year the first $2,000, and thereafter at least 20 percent, of the royalties 

or other payments, other than payments of patent costs as 

delineated by a license or assignment agreement, to the 

inventor or coinventors, if the inventor’s or coinventor’s rights 

are directly assigned to the United States. 

(B) A laboratory director may provide appropriate incentives, from royalties or other payments, to laboratory employees 

who are not an inventor of such inventions but who substantially increased the technical value of the inventions. 

(C) The laboratory shall retain the royalties and other 

payments received from an invention until the laboratory makes 

payments to employees of a laboratory under subparagraph 

(A) or (B). 

(2) The balance of the royalties or other payments shall 

be transferred by the agency to its laboratories, with the 

majority share of the royalties or other payments from any 

invention going to the laboratory where the invention occurred. 

The royalties or other payments so transferred to any laboratory 

may be used or obligated by that laboratory during the fiscal 

year in which they are received or during the 2 succeeding 

fiscal years— 

(A) to reward scientific, engineering, and technical 

employees of the laboratory, including developers of sensitive or classified technology, regardless of whether the 

technology has commercial applications; 

(B) to further scientific exchange among the laboratories of the agency; 

(C) for education and training of employees consistent 

with the research and development missions and objectives 

of the agency or laboratory, and for other activities that 

increase the potential for transfer of the technology of 

the laboratories of the agency; 

(D) for payment of expenses incidental to the administration and licensing of intellectual property by the agency 

or laboratory with respect to inventions made at that laboratory, including the fees or other costs for the services 

of other agencies, persons, or organizations for intellectual 

property management and licensing services; or 

(E) for scientific research and development consistent 

with the research and development missions and objectives 

of the laboratory. 

(3) All royalties or other payments retained by the laboratory after payments have been made pursuant to paragraphs 

10 USC 2514 

note. 


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131 STAT. 1340 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) and (2) that are unobligated and unexpended at the end 

of the second fiscal year succeeding the fiscal year in which 

the royalties and other payments were received shall be paid 

into the Treasury of the United States. 

(b) TREATMENT OF PAYMENTS TO EMPLOYEES.— (1) IN GENERAL.—Any payment made to an employee under 

the pilot program shall be in addition to the regular pay of 

the employee and to any other awards made to the employee, 

and shall not affect the entitlement of the employee to any 

regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible 

or limit the amount thereof. Any payment made to an inventor 

as such shall continue after the inventor leaves the laboratory. 

(2) CUMULATIVE PAYMENTS.—(A) Cumulative payments 

made under the pilot program while the inventor is still 

employed at the laboratory shall not exceed $500,000 per year 

to any one person, unless the Secretary concerned (as defined 

in section 101(a) of title 10, United States Code) approves 

a larger award. 

(B) Cumulative payments made under the pilot program 

after the inventor leaves the laboratory shall not exceed 

$150,000 per year to any one person, unless the head of the 

agency approves a larger award (with the excess over $150,000 

being treated as an agency award to a former employee under 

section 4505 of title 5, United States Code). 

(c) INVENTION MANAGEMENT SERVICES.—Under the pilot program, a laboratory receiving royalties or other payments as a result 

of invention management services performed for another Federal 

agency or laboratory under section 207 of title 35, United States 

Code, may retain such royalties or payments to the extent required 

to offset payments to inventors under subparagraph (A) of subsection (a)(1), costs and expenses incurred under subparagraph 

(D) of subsection (a)(2), and the cost of foreign patenting and maintenance for any invention of the other agency. All royalties and 

other payments remaining after offsetting the payments to inventors, costs, and expenses described in the preceding sentence shall 

be transferred to the agency for which the services were performed, 

for distribution in accordance with subsection (a)(2). 

(d) CERTAIN ASSIGNMENTS.—Under the pilot program, if the 

invention involved was one assigned to the laboratory— 

(1) by a contractor, grantee, or participant, or an employee 

of a contractor, grantee, or participant, in an agreement or 

other arrangement with the agency; or 

(2) by an employee of the agency who was not working 

in the laboratory at the time the invention was made, 

the agency unit that was involved in such assignment shall be 

considered to be a laboratory for purposes of this section. 

(e) SUNSET.—The pilot program under this section shall terminate 5 years after the date of the enactment of this Act. 

SEC. 234. COMPETITIVE ACQUISITION PLAN FOR LOW PROBABILITY 

OF DETECTION DATA LINK NETWORKS. 

(a) PLAN REQUIRED.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics and the Vice Chairman of 

the Joint Chiefs of Staff shall jointly, in consultation with the 

Secretary of the Navy and the Secretary of the Air Force, develop 

a plan to procure a secure, low probability of detection data link 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1341 

network capability with the ability to effectively operate in hostile 

jamming environments while preserving the low observable 

characteristics of the relevant platforms, between existing and 

planned— 

(1) fifth-generation combat aircraft; 

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

(3) fifth-generation and fourth-generation combat aircraft 

and appropriate support aircraft and other network nodes for 

command, control, communications, intelligence, surveillance, 

and reconnaissance purposes; and 

(4) fifth-generation and fourth-generation combat aircraft 

and their associated network-enabled precision weapons. 

(b) ADDITIONAL PLAN REQUIREMENTS.—The plan required by 

subsection (a) shall include— 

(1) nonproprietary and open systems approaches compatible 

with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force and the Future Airborne Capability 

Environment initiative of the Navy; 

(2) a competitive acquisition process, to include comparative 

flight demonstrations in realistic airborne environments; and 

(3) low risk and affordable solutions with minimal impact 

or changes to existing host platforms, and minimal overall 

integration costs. 

(c) BRIEFING.—Not later than February 15, 2018, the Under 

Secretary and the Vice Chairman shall provide to the congressional 

defense committees a potential acquisition strategy and briefing 

on the plan developed under subsection (a). 

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

by this Act or otherwise made available for fiscal year 2018 for 

operations and maintenance for the Office of the Secretary of the 

Air Force and the Office of the Secretary of the Navy, not more 

than 85 percent may be obligated or expended until a period of 

15 days has elapsed following the date on which the Under Secretary and Vice Chairman submits to the congressional defense 

committees the plan required by subsection (a). 

SEC. 235. CLARIFICATION OF SELECTION DATES FOR PILOT PROGRAM 

FOR THE ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE. 

Section 233 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328) is amended— 

(1) in subsection (b)(2), by striking ‘‘the enactment of this 

Act’’ both places it appears and inserting ‘‘such submittal’’; 

and 

(2) in subsection (c)(1), by striking ‘‘propose and implement’’ 

and inserting ‘‘submit to the Assistant Secretary concerned 

a proposal on, and implement,’’. 

SEC. 236. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR 

A NEW GROUND COMBAT VEHICLE FOR THE ARMY. 

(a) IN GENERAL.—Not later than February 1, 2018, the Secretary of the Army shall submit to the congressional defense 

committees a plan to build a prototype for a new ground combat 

vehicle for the Army. 

(b) CONTENTS.—The plan required by subsection (a) shall 

include the following: 

10 USC 2358 

note. 


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131 STAT. 1342 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) A description of how the Secretary intends to exploit 

the latest enabling component technologies that have the potential to dramatically change basic combat vehicle design and 

improve lethality, protection, mobility, range, and sustainment, 

including an analysis of capabilities of the most advanced foreign ground combat vehicles and whether any have characteristics that should inform the development of the Army’s prototype 

vehicle, including whether any United States allies or partners 

have advanced capabilities that could be directly incorporated 

in the prototype. 

(2) The schedule, cost, key milestones, and leadership plan 

to rapidly design and build the prototype ground combat vehicle. 

SEC. 237. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR 

AND MISSILE DEFENSE BATTLE COMMAND SYSTEM. 

(a) PLAN REQUIRED.—Not later than February 1, 2018, the 

Secretary of the Army shall submit to the congressional defense 

committees a plan to successfully field a suitable, survivable, and 

effective Integrated Air and Missile Defense Battle Command 

System program. 

(b) LIMITATION.—Not more than 50 percent of the funds authorized to be appropriated by this Act for research, development, 

test, and evaluation may be obligated by the Secretary of the 

Army for the Army Integrated Air and Missile Defense and the 

Integrated Air and Missile Defense Battle Command System until 

the date on which the plan is submitted under subsection (a). 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Authorization of appropriations. 

Subtitle B—Energy and Environment 

Sec. 311. Military Aviation and Installation Assurance Siting Clearinghouse. 

Sec. 312. Energy performance goals and master plan. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in 

connection with Umatilla Chemical Depot, Oregon. 

Sec. 314. Payment to Environmental Protection Agency of stipulated penalty in 

connection with Longhorn Army Ammunition Plant, Texas. 

Sec. 315. Department of the Army cleanup and removal of petroleum, oil, and lubricant associated with the Prinz Eugen. 

Sec. 316. Centers for Disease Control study on health implications of per- and 

polyfluoroalkyl substances contamination in drinking water. 

Sec. 317. Sentinel Landscapes Partnership. 

Sec. 318. Report on release of radium or radioactive material into the groundwater 

near the industrial reserve plant in Bethpage, New York. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Reauthorization of multi-trades demonstration project. 

Sec. 322. Increased percentage of sustainment funds authorized for realignment to 

restoration and modernization at each installation. 

Sec. 323. Guidance regarding use of organic industrial base. 

Subtitle D—Reports 

Sec. 331. Quarterly reports on personnel and unit readiness. 

Sec. 332. Biennial report on core depot-level maintenance and repair capability. 

Sec. 333. Annual report on personnel, training, and equipment needs of non-federalized National Guard. 

Sec. 334. Annual report on military working dogs used by the Department of Defense. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1343 

Sec. 335. Report on effects of climate change on Department of Defense. 

Sec. 336. Report on optimization of training in and management of special use airspace. Sec. 337. Plan for modernized, dedicated Department of the Navy adversary air 

training enterprise. Sec. 338. Updated guidance regarding biennial core report. 

Subtitle E—Other Matters 

Sec. 341. Explosive safety board. 

Sec. 342. Servicewomen’s commemorative partnerships. 

Sec. 343. Limitation on availability of funds for advanced skills management software system of the Navy. Sec. 344. Cost-benefit analysis of uniform specifications for Afghan military or security forces. Sec. 345. Temporary installation reutilization authority for arsenals, depots, and 

plants. Sec. 346. Comprehensive plan for sharing depot-level maintenance best practices. 

Sec. 347. Pilot program for operation and maintenance budget presentation. 

Sec. 348. Repurposing and reuse of surplus Army firearms. 

Sec. 349. Department of the Navy marksmanship awards. 

Sec. 350. Civilian training for National Guard pilots and sensor operator aircrews 

of MQ–9 unmanned aerial vehicles. 

Sec. 351. Training for National Guard personnel on wildfire response. 

Sec. 352. Modification of the Second Division Memorial. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4301. 

Subtitle B—Energy and Environment 

SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE SITING 

CLEARINGHOUSE. 

(a) CODIFICATION.—Chapter 7 of title 10, United States Code, 

is amended by inserting after section 183 the following new section: 

‘‘§ 183a. Military Aviation and Installation Assurance 

Clearinghouse for review of mission obstructions 

‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense shall establish a Military Aviation and Installation Assurance Siting Clearinghouse (in this section referred to as the ‘Clearinghouse’). 

‘‘(2) The Clearinghouse shall be— 

‘‘(A) organized under the authority, direction, and control 

of an Assistant Secretary of Defense designated by the Secretary; and 

‘‘(B) assigned such personnel and resources as the Secretary 

considers appropriate to carry out this section. 

‘‘(b) FUNCTIONS.—(1) The Clearinghouse shall coordinate 

Department of Defense review of applications for energy projects 

filed with the Secretary of Transportation pursuant to section 44718 

of title 49 and received by the Department of Defense from the 

Secretary of Transportation. In performing such coordination, the 

Clearinghouse shall provide procedures to ensure affected local 

military installations are consulted. 

10 USC 183a. 


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131 STAT. 1344 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(2) The Clearinghouse shall accelerate the development of 

planning tools necessary to determine the acceptability to the 

Department of Defense of proposals included in an application 

for an energy project submitted pursuant to such section. 

‘‘(3) The Clearinghouse shall perform such other functions as 

the Secretary of Defense assigns. 

‘‘(c) REVIEW OF PROPOSED ACTIONS.—(1) Not later than 60 

days after receiving from the Secretary of Transportation a proper 

application for an energy project under section 44718 of title 49 

that may have an adverse impact on military operations and readiness, the Clearinghouse shall conduct a preliminary review of such 

application. The review shall— 

‘‘(A) assess the likely scope, duration, and level of risk 

of any adverse impact of such energy project on military operations and readiness; and 

‘‘(B) identify any feasible and affordable actions that could 

be taken by the Department, the developer of such energy 

project, or others to mitigate the adverse impact and to minimize risks to national security while allowing the energy project 

to proceed with development. 

‘‘(2) If the Clearinghouse finds under paragraph (1) that an 

energy project will have an adverse impact on military operations 

and readiness, the Clearinghouse shall issue to the applicant a 

notice of presumed risk that describes the concerns identified by 

the Department in the preliminary review and requests a discussion 

of possible mitigation actions. 

‘‘(3) At the same time that the Clearinghouse issues to the 

applicant a notice of presumed risk under paragraph (2), the 

Clearinghouse shall provide the same notice to the governor of 

the State in which the project is located and request that the 

governor provide the Clearinghouse any comments the governor 

believes of relevance to the application. The Secretary of Defense 

shall consider the comments of the governor in the Secretary’s 

evaluation of whether the project presents an unacceptable risk 

to the national security of the United States and shall include 

the comments with the finding provided to the Secretary of 

Transportation pursuant to section 44718(f) of title 49. 

‘‘(4) The Clearinghouse shall develop, in coordination with other 

departments and agencies of the Federal Government, an integrated 

review process to ensure timely notification and consideration of 

energy projects filed with the Secretary of Transportation pursuant 

to section 44718 of title 49 that may have an adverse impact 

on military operations and readiness. 

‘‘(5) The Clearinghouse shall establish procedures for the 

Department of Defense for the coordinated consideration of and 

response to a request for a review received from another Federal 

agency, a State government, an Indian tribal government, a local 

government, a landowner, or the developer of an energy project, 

including guidance to personnel at each military installation in 

the United States on how to initiate such procedures and ensure 

a coordinated Department response. 

‘‘(6) The Clearinghouse shall develop procedures for conducting 

early outreach to parties carrying out energy projects that could 

have an adverse impact on military operations and readiness and 

to clearly communicate to such parties actions being taken by 

the Department of Defense under this section. The procedures shall 

provide for filing by such parties of a project area and preliminary 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1345 

project layout at least one year before expected construction of 

any project proposed within a military training route or within 

line-of-sight of any air route surveillance radar or airport surveillance radar operated or used by the Department of Defense in 

order to provide adequate time for analysis and negotiation of 

mitigation options. Material marked as proprietary or competition 

sensitive by a party filing for this preliminary review shall be 

protected from public release by the Department of Defense. 

‘‘(d) COMPREHENSIVE REVIEW.—(1) The Secretary of Defense 

shall develop a comprehensive strategy for addressing the impacts 

upon the military of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49. 

‘‘(2) In developing the strategy required by paragraph (1), the 

Secretary shall— 

‘‘(A) assess the magnitude of interference posed by projects 

filed with the Secretary of Transportation pursuant to section 

44718 of title 49; 

‘‘(B) solely for the purpose of informing preliminary reviews 

under subsection (c)(1) and early outreach efforts under subsection (c)(5), identify distinct geographic areas selected as proposed locations for projects filed, or for projects that are reasonably expected to be filed in the near future, with the Secretary 

of Transportation pursuant to section 44718 of title 49 where 

the Secretary of Defense can demonstrate such projects could 

have an adverse impact on military operations and readiness, 

including military training routes, and categorize the risk of 

adverse impact in such areas; 

‘‘(C) develop procedures for the initial identification of such 

geographic areas identified under subparagraph (B), to include 

a process to provide notice and seek public comment prior 

to making a final designation of the geographic areas, including 

maps of the area and the basis for identification; 

‘‘(D) develop procedures to periodically review and modify, 

consistent with the notice and public comment process under 

subparagraph (C), geographic areas identified under subparagraph (B) and to solicit and identify additional geographic areas 

as appropriate; 

‘‘(E) at the conclusion of the notice and public comment 

period conducted under subparagraph (C), make a final finding 

on the designation of a geographic area of concern or delegate 

the authority to make such finding to a Deputy Secretary 

of Defense, an Under Secretary of Defense, or a Principal 

Deputy Under Secretary of Defense; and 

‘‘(F) specifically identify feasible and affordable long-term 

actions that may be taken to mitigate adverse impacts of 

projects filed, or which may be filed in the future, with the 

Secretary of Transportation pursuant to section 44718 of title 

49, on military operations and readiness, including— 

‘‘(i) investment priorities of the Department of Defense 

with respect to research and development; 

‘‘(ii) modifications to military operations to accommodate applications for such projects; 

‘‘(iii) recommended upgrades or modifications to 

existing systems or procedures by the Department of 

Defense; 


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131 STAT. 1346 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(iv) acquisition of new systems by the Department 

and other departments and agencies of the Federal Government and timelines for fielding such new systems; and 

‘‘(v) modifications to the projects for which such 

applications are filed with the Secretary of Transportation 

pursuant to section 44718 of title 49, including changes 

in size, location, or technology. 

‘‘(3) The Clearinghouse shall make access to data reflecting 

geographic areas identified under subparagraph (B) of paragraph 

(2) and reviewed and modified under subparagraph (C) of such 

paragraph available online. 

‘‘(e) DEPARTMENT OF DEFENSE FINDING OF UNACCEPTABLE

RISK.—(1) The Secretary of Defense may not object to an energy 

project filed with the Secretary of Transportation pursuant to section 44718 of title 49, except in a case in which the Secretary 

of Defense determines, after giving full consideration to mitigation 

actions identified pursuant to this section, that such project, in 

isolation or cumulatively with other projects, would result in an 

unacceptable risk to the national security of the United States. 

The Secretary of Defense’s finding of unacceptable risk to national 

security shall be transmitted to the Secretary of Transportation 

for inclusion in the report required under section 44718(b)(2) of 

title 49. 

‘‘(2)(A) Not later than 30 days after making a finding of 

unacceptable risk under paragraph (1), the Secretary of Defense 

shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report on such finding and the basis 

for such finding. Such report shall include an explanation of the 

operational impact that led to the finding, a discussion of the 

mitigation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict. The 

report may include a classified annex. Unclassified reports shall 

also be provided to the project proponent. The Secretary of Defense 

may provide public notice through the Federal Register of the 

finding. 

‘‘(B) The Secretary of Defense shall notify the appropriate State 

agency of a finding made under paragraph (1). 

‘‘(3) The Secretary of Defense may only delegate the responsibility for making a finding of unacceptable risk under paragraph 

(1) to the Deputy Secretary of Defense, an under secretary of 

defense, or a deputy under secretary of defense. 

‘‘(4) The Clearinghouse shall develop procedures for making 

a finding of unacceptable risk, including with respect to how to 

implement cumulative effects analysis. Such procedures shall be 

subject to public comment prior to finalization. 

‘‘(f) AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS.—The 

Secretary of Defense is authorized to request and accept a voluntary 

contribution of funds from an applicant for a project filed with 

the Secretary of Transportation pursuant to section 44718 of title 

49. Amounts so accepted shall remain available until expended 

for the purpose of offsetting the cost of measures undertaken by 

the Secretary of Defense to mitigate adverse impacts of such a 

project on military operations and readiness or to conduct studies 

of potential measures to mitigate such impacts. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1347 

‘‘(g) EFFECT OF DEPARTMENT OF DEFENSE HAZARD ASSESSMENT.—An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required 

of the Secretary of Transportation under section 44718 of title 

49. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) The term ‘adverse impact on military operations and 

readiness’ means any adverse impact upon military operations 

and readiness, including flight operations, research, development, testing, and evaluation, and training, that is demonstrable and is likely to impair or degrade the ability of the 

armed forces to perform their warfighting missions. 

‘‘(2) The term ‘energy project’ means a project that provides 

for the generation or transmission of electrical energy. 

‘‘(3) The term ‘landowner’ means a person that owns a 

fee interest in real property on which a proposed energy project 

is planned to be located. 

‘‘(4) The term ‘military installation’ has the meaning given 

that term in section 2801(c)(4) of this title. 

‘‘(5) The term ‘military readiness’ includes any training 

or operation that could be related to combat readiness, including 

testing and evaluation activities. 

‘‘(6) The term ‘military training route’ means a training 

route developed as part of the Military Training Route Program, 

carried out jointly by the Federal Aviation Administration and 

the Secretary of Defense, for use by the armed forces for the 

purpose of conducting low-altitude, high-speed military 

training. 

‘‘(7) The term ‘unacceptable risk to the national security 

of the United States’ means the construction, alteration, 

establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary 

landfill, that the Secretary of Defense can demonstrate would— 

‘‘(A) endanger safety in air commerce directly related 

to the activities of the Department of Defense; 

‘‘(B) interfere with the efficient use of the navigable 

airspace directly related to the activities of the Department 

of Defense; or 

‘‘(C) significantly impair or degrade the capability of 

the Department of Defense to conduct training, research, 

development, testing, and evaluation, and operations or 

to maintain military readiness.’’. 

(b) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) REPEAL OF EXISTING PROVISION.—Section 358 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (49 U.S.C. 44718 note) is repealed. 

(2) CROSS-REFERENCE IN TITLE 49, UNITED STATES CODE.— 

Section 44718(f) of title 49, United States Code, is amended 

by inserting ‘‘and in accordance with section 183a(e) of title 

10’’ after ‘‘conducted under subsection (b)’’. 

(3) REFERENCE TO DEFINITIONS.—Section 44718(g) of title 

49, United States Code, is amended by striking ‘‘211.3 of title 

32, Code of Federal Regulations, as in effect on January 6, 

2014’’ both places it appears and inserting ‘‘183a(g) of title 

10’’. 


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131 STAT. 1348 PUBLIC LAW 115–91—DEC. 12, 2017 

(4) TABLE OF SECTIONS AMENDMENT.—The table of sections 

at the beginning of chapter 7 of title 10 is amended by inserting 

after the item relating to section 183 the following new item: 

‘‘183a. Military Aviation and Installation Assurance Siting Clearinghouse for review 

of mission obstructions.’’. 

(c) APPLICABILITY OF EXISTING RULES AND REGULATIONS.—Notwithstanding the amendments made by subsection (a), any rule 

or regulation promulgated to carry out section 358 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 

44718 note), that is in effect on the day before the date of the 

enactment of this Act shall continue in effect and apply to the 

extent such rule or regulation is consistent with the authority 

under section 183a of title 10, United States Code, as added by 

subsection (a), until such rule or regulation is otherwise amended 

or repealed. 

(d) DEADLINE FOR INITIAL IDENTIFICATION OF GEOGRAPHIC

AREAS.—The initial identification of geographic areas under section 

183a(d)(2)(B) of title 10, United States Code, as added by subsection 

(a), shall be completed not later than 180 days after the date 

of the enactment of this Act. 

(e) CONFORMING AMENDMENT REGARDING CRITICAL MILITARYUSE AIRSPACE AREAS.—Section 44718 of title 49, United States 

Code, as amended by subsection (b)(3), is further amended— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection: 

‘‘(g) SPECIAL RULE FOR IDENTIFIED GEOGRAPHIC AREAS.—In 

the case of a proposed structure to be located within a geographic 

area identified under section 183a(d)(2)(B) of title 10, the Secretary 

of Transportation may not issue a determination pursuant to this 

section until the Secretary of Defense issues a finding under section 

183a(e) of title 10, the Secretary of Defense advises the Secretary 

of Transportation that no finding under section 183a(e) of title 

10 will be forthcoming, or 180 days have lapsed since the project 

was filed with the Secretary of Transportation pursuant to this 

section, whichever occurs first.’’. 

SEC. 312. ENERGY PERFORMANCE GOALS AND MASTER PLAN. 

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

(1) in paragraph (1), by inserting before the period at 

the end the following: ‘‘, the future demand for energy, and 

the requirements for the use of energy’’; 

(2) in paragraph (2), by striking ‘‘reduce the future demand 

and the requirements for the use of energy’’ and inserting 

‘‘enhance energy resilience to ensure the Department of Defense 

has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations’’; 

and 

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

‘‘(13) Opportunities to leverage financing provided by a 

non-Department entity to address installation energy needs.’’. 

SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 

STIPULATED PENALTY IN CONNECTION WITH UMATILLA 

CHEMICAL DEPOT, OREGON. 

(a) AUTHORITY TO TRANSFER FUNDS.— 

10 USC 183a 

note. 

10 USC 183a 

note. 

10 USC 171 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1349 

(1) TRANSFER AMOUNT.—The Secretary of the Army may transfer an amount of not more than $125,000 to the Hazardous 

Substance Superfund established under subchapter A of chapter 

98 of the Internal Revenue Code of 1986. Any such transfer 

shall be made without regard to section 2215 of title 10, United 

States Code. 

(2) SOURCE OF FUNDS.—Any transfer under subsection (a) 

shall be made using funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2018 for 

Base Realignment and Closure, Army. 

(b) PURPOSE OF TRANSFER.—A transfer under subsection (a) 

shall be for the purpose of satisfying a stipulated penalty assessed 

by the Environmental Protection Agency in the settlement agreement approved by the Army on July 14, 2016, against the Umatilla 

Chemical Depot, Oregon under the Federal Facility Agreement 

between the Army and the Environmental Protection Agency dated 

September 19, 1989. 

(c) ACCEPTANCE OF PAYMENT.—If the Secretary of the Army 

makes a transfer under subsection (a), the Administrator of the 

Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection 

(b). 

SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 

STIPULATED PENALTY IN CONNECTION WITH LONGHORN 

ARMY AMMUNITION PLANT, TEXAS. 

(a) AUTHORITY TO TRANSFER FUNDS.— 

(1) TRANSFER AMOUNT.—The Secretary of the Army may 

transfer an amount of not more than $1,185,000 to the Hazardous Substance Superfund established under subchapter A 

of chapter 98 of the Internal Revenue Code of 1986. Any such 

transfer shall be made without regard to section 2215 of title 

10, United States Code. 

(2) SOURCE OF FUNDS.—Any transfer under subsection (a) 

shall be made using funds authorized to be appropriated by 

this Act or otherwise made available for fiscal year 2018 for 

Environmental Restoration, Army. 

(b) PURPOSE OF TRANSFER.—A transfer under subsection (a) 

shall be for the purpose of satisfying a stipulated penalty assessed 

by the Environmental Protection Agency on April 5, 2013, against 

Longhorn Army Ammunition Plant, Texas, under the Federal 

Facility Agreement for Longhorn Army Ammunition Plant, which 

was entered into between the Army and the Environmental Protection Agency in 1991. 

(c) ACCEPTANCE OF PAYMENT.—If the Secretary of the Army 

makes a transfer under subsection (a), the Administrator of the 

Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection 

(b). 

SEC. 315. DEPARTMENT OF THE ARMY CLEANUP AND REMOVAL OF 

PETROLEUM, OIL, AND LUBRICANT ASSOCIATED WITH THE 

PRINZ EUGEN. 

(a) AUTHORITY.—Amounts authorized to be appropriated for 

the Department of the Army may by used for all necessary expenses 

for the removal and cleanup of petroleum, oil, and lubricants associated with the heavy cruiser Prinz Eugen, which was transferred 


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131 STAT. 1350 PUBLIC LAW 115–91—DEC. 12, 2017 

from the United States to the Republic of the Marshall Islands 

in 1986. 

(b) CERTIFICATION.—If the Secretary of the Army does not 

use the authority provided by subsection (a), the Secretary shall 

submit a certification to the congressional defense committees not 

later than September 30, 2018, that the petroleum, oil, and lubricants associated with the heavy cruiser Prinz Eugen do not 

adversely impact safety or military operations. 

SEC. 316. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH 

IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER. 

(a) STUDY ON HUMAN HEALTH IMPLICATIONS.— (1) IN GENERAL.—The Secretary of Health and Human 

Services, acting through the Centers for Disease Control and 

Prevention and the Agency for Toxic Substances and Disease 

Registry, and, as appropriate, the National Institute of Environmental Health Sciences, and in consultation with the Department of Defense, shall— 

(A) commence a study on the human health implications of per- and polyfluoroalkyl substances (PFAS) 

contamination in drinking water, ground water, and any 

other sources of water and relevant exposure pathways, 

including the cumulative human health implications of 

multiple types of PFAS contamination at levels above and 

below health advisory levels; 

(B) not later than 5 years after the date of enactment 

of this Act (or 7 years after such date of enactment after 

providing notice to the appropriate congressional committees of the need for the delay)— 

(i) complete such study and make any appropriate 

recommendations; and 

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

(C) not later than one year after the date of the enactment of this Act, and annually thereafter until submission 

of the report under subparagraph (B)(ii), submit to the 

appropriate congressional committees a report on the 

progress of the study. 

(2) FUNDING.—Of the amounts authorized to be appropriated by this Act for the Department of Defense, $7,000,000 

shall be available to carry out the study under this subsection. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; 

(B) the Committee on Heath, Education, Labor, and 

Pensions, the Committee on Environment and Public 

Works, and the Committee on Veterans’ Affairs of the 

Senate; and 

(C) the Committee on Energy and Commerce and the 

Committee on Veterans’ Affairs of the House of Representatives. 

(b) EXPOSURE ASSESSMENT.— 

(1) IN GENERAL.—The Secretary of Health and Human 

Services, acting through the Centers for Disease Control and 

Prevention and the Agency for Toxic Substances and Disease 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1351 

Registry, and, as appropriate, the National Institute of Environmental Health Sciences, and in consultation with the Department of Defense, shall conduct an exposure assessment of no 

less than 8 current or former domestic military installations 

known to have PFAS contamination in drinking water, ground 

water, and any other sources of water and relevant exposure 

pathways. 

(2) CONTENTS.—The exposure assessment required under 

this subsection shall— 

(A) include— 

(i) for each military installation covered under the 

exposure assessment, a statistical sample to be determined by the Secretary of Health and Human Services 

in consultation with the relevant State health departments; and 

(ii) bio-monitoring for assessing the contamination 

described in paragraph (1); and 

(B) produce findings, which shall be— 

(i) used to help design the study described in subsection (a)(1)(A); and 

(ii) released to the appropriate congressional 

committees not later than 1 year after the conclusion 

of such exposure assessment. 

(3) TIMING.—The exposure assessment required under this 

subsection shall— 

(A) begin not later than 180 days after the date of 

enactment of this Act; and 

(B) conclude not later than 2 years after such date 

of enactment. 

(c) COORDINATION WITH OTHER AGENCIES.—The Agency for 

Toxic Substance and Disease Registry may, as necessary, use staff 

and other resources from other Federal agencies in carrying out 

the study under subsection (a) and the assessment under subsection 

(b). 

(d) NO EFFECT ON REGULATORY PROCESS.—The study and 

assessment conducted under this section shall not interfere with 

any regulatory processes of the Environmental Protection Agency, 

including determinations of maximum contaminant levels. 

SEC. 317. SENTINEL LANDSCAPES PARTNERSHIP. 

(a) ESTABLISHMENT.—The Secretary of Defense, in coordination 

with the Secretary of Agriculture and the Secretary of the Interior, 

may establish and carry out a program to preserve sentinel landscapes. The program shall be known as the ‘‘Sentinel Landscapes 

Partnership’’. 

(b) DESIGNATION OF SENTINEL LANDSCAPES.—The Secretary of 

Defense, the Secretary of Agriculture, and the Secretary of the 

Interior, may, as the Secretaries determine appropriate, collectively 

designate one or more sentinel landscapes. 

(c) COORDINATION OF ACTIVITIES.—The Secretaries may coordinate actions between their departments and with other agencies 

and private organizations to more efficiently work together for 

the mutual benefit of conservation, working lands, and national 

defense, and to encourage private landowners to engage in voluntary 

land management and conservation activities that contribute to 

the sustainment of military installations, ranges, and airspace. 

10 USC 2684a 

note. 


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131 STAT. 1352 PUBLIC LAW 115–91—DEC. 12, 2017 

(d) PRIORITY CONSIDERATION.—The Secretary of Agriculture and 

the Secretary of the Interior may give to any eligible landowner 

or agricultural producer within a designated sentinel landscape 

priority consideration for participation in any easement, grant, or 

assistance programs administered by that Secretary’s department. 

Participation in any such program pursuant to this section shall 

be voluntary. 

(e) DEFINITIONS.—In this section: 

(1) MILITARY INSTALLATION.—The term ‘‘military installation’’ has the same meaning as provided in section 670(1) of 

title 16, United States Code. 

(2) STATE-OWNED NATIONAL GUARD INSTALLATION.—The 

term ‘‘State-owned National Guard installation’’ has the same 

meaning as provided in section 670(3) of title 16, United States 

Code. 

(3) SENTINEL LANDSCAPE.—The term ‘‘sentinel landscape’’ 

means a landscape-scale area encompassing— 

(A) one or more military installations or state-owned 

National Guard installations and associated airspace; and 

(B) the working or natural lands that serve to protect 

and support the rural economy, the natural environment, 

outdoor recreation, and the national defense test and 

training missions of the military- or State-owned National 

Guard installation or installations. 

(f) CONFORMING AMENDMENT.—Section 312(b) of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 113– 

66; 127 Stat. 729; 10 U.S.C. 2684a note) is repealed. 

SEC. 318. REPORT ON RELEASE OF RADIUM OR RADIOACTIVE MATERIAL INTO THE GROUNDWATER NEAR THE INDUSTRIAL 

RESERVE PLANT IN BETHPAGE, NEW YORK. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to Congress an 

addendum to the report submitted to Congress in June 2017 entitled 

‘‘2017 Annual Report For Groundwater Impacts at Naval Weapons 

Industrial Reserve Plant Bethpage, New York’’ that would detail 

any releases by the Department of Defense of radium or radioactive 

material into the groundwater within a 75-mile radius of the industrial reserve plant in Bethpage, New York. 

Subtitle C—Logistics and Sustainment 

SEC. 321. REAUTHORIZATION OF MULTI-TRADES DEMONSTRATION 

PROJECT. 

Section 338 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note), as most 

recently amended by section 321 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1694) 

is amended— 

(1) in subsection (d), by striking ‘‘2018’’ and inserting 

‘‘2023’’; and 

(2) in subsection (e), by striking ‘‘2019’’ and inserting 

‘‘2024’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1353 

SEC. 322. INCREASED PERCENTAGE OF SUSTAINMENT FUNDS AUTHORIZED FOR REALIGNMENT TO RESTORATION AND MODERNIZATION AT EACH INSTALLATION. 

(a) IN GENERAL.—The Secretary of Defense may authorize an 

installation commander to realign up to 7.5 percent of an installation’s sustainment funds to restoration and modernization. 

(b) SUNSET.—The authority under subsection (a) shall expire 

at the close of September 30, 2022. 

(c) DEFINITIONS.—The terms ‘‘sustainment’’, ‘‘restoration’’, and 

‘‘modernization’’ have the meanings given the terms in the Department of Defense Financial Management Regulation. 

SEC. 323. GUIDANCE REGARDING USE OF ORGANIC INDUSTRIAL BASE. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Army shall establish clear and 

prescriptive guidance on the process for conducting make-or-buy 

analyses for Army requirements, including the use of the organic 

industrial base. 

Subtitle D—Reports 

SEC. 331. QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS. 

(a) MODIFICATION AND IMPROVEMENT.—Section 482 of title 10, 

United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘Each report’’ and inserting ‘‘The reports 

for the first and third quarters of a calendar year’’; and 

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

‘‘The reports for the second and fourth quarters of a calendar year shall contain the information required by subsection (j).’’; 

(2) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘AND

REMEDIAL ACTIONS’’; 

(B) in the matter preceding paragraph (1), by striking 

‘‘Each report’’ and inserting ‘‘A report for the second or 

fourth quarter of a calendar year’’; 

(C) in paragraph (1), by inserting ‘‘and’’ after the semicolon; 

(D) by striking paragraph (2); and 

(E) by redesignating paragraph (3) as paragraph (2); 

(3) in subsection (d)(1), by striking ‘‘Each report’’ and 

inserting ‘‘A report for the second or fourth quarter of a calendar 

year’’; 

(4) in subsection (e), by striking ‘‘Each report’’ and inserting 

‘‘A report for the second or fourth quarter of a calendar year’’; 

(5) in subsection (f)(1), by striking ‘‘Each report’’ and 

inserting ‘‘A report for the second or fourth quarter of a calendar 

year’’; 

(6) in subsection (g)(1), by striking ‘‘Each report’’ and 

inserting ‘‘A report for the second or fourth quarter of a calendar 

year’’; and 

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

‘‘(j) REMEDIAL ACTIONS.—A report for the first or third quarter 

of a calendar year shall include— 

10 USC 4551 

note. 

10 USC 2661 

note. 


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131 STAT. 1354 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(1) a description of the mitigation plans of the Secretary 

to address readiness shortfalls and operational deficiencies 

identified in the report submitted for the preceding calendar 

quarter; and 

‘‘(2) for each such shortfall or deficiency, a timeline for 

resolution, the cost necessary for such resolution, the mitigation 

strategy the Department will employ until the resolution is 

in place, and any legislative remedies required.’’. 

(b) CONFORMING AMENDMENTS.—Section 117 of title 10, United 

States Code, is amended— 

(1) in subsection (d)— 

(A) in the subsection heading, by striking ‘‘QUAR- TERLY’’and inserting ‘‘SEMI-ANNUAL’’; and 

(B) in paragraph (1)(A), by striking ‘‘quarterly’’ and 

inserting ‘‘semi-annual’’; and 

(2) in subsection (e), by striking ‘‘each quarter’’ and 

inserting ‘‘semi-annually’’. 

SEC. 332. BIENNIAL REPORT ON CORE DEPOT-LEVEL MAINTENANCE 

AND REPAIR CAPABILITY. 

Section 2464(d) of title 10, United States Code, is amended 

by adding at the end the following new paragraphs: 

‘‘(4) Any workload shortfalls at any work breakdown structure category designated as a lower-level category pursuant 

to Department of Defense Instruction 4151.20, or any successor 

instruction. 

‘‘(5) A description of any workload executed at a category 

designated as a first-level category pursuant to such Instruction, or any successor instruction, that could be used to mitigate 

shortfalls in similar categories. 

‘‘(6) A description of any progress made on implementing 

mitigation plans developed pursuant to paragraph (3). 

‘‘(7) A description of core capability requirements and corresponding workloads at the first level category. 

‘‘(8) In the case of any shortfall that is identified, a description of the shortfall and an identification of the subcategory 

of the work breakdown structure in which the shortfall 

occurred. 

‘‘(9) In the case of any work breakdown structure category 

designated as a special interest item or other pursuant to 

such Instruction, or any successor instruction, an explanation 

for such designation. 

‘‘(10) Whether the core depot-level maintenance and repair 

capability requirements described in the report submitted under 

this subsection for the preceding fiscal year have been 

executed.’’. 

SEC. 333. ANNUAL REPORT ON PERSONNEL, TRAINING, AND EQUIPMENT NEEDS OF NON-FEDERALIZED NATIONAL GUARD. 

(a) ANNUAL REPORT REQUIRED.—Section 10504 of title 10, 

United States Code, as amended by section 1051, is further 

amended— 

(1) in subsection (a)— 

(A) in the subsection heading, by striking ‘‘REPORT’’ 

and inserting ‘‘REPORT ON STATE OF THE NATIONAL GUARD’’; 

and 

(B) by striking ‘‘The report’’ and inserting the following: 

‘‘(2) The annual report required by paragraph (1)’’; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1355 

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

‘‘(b) ANNUAL REPORT ON NON-FEDERALIZED SERVICE NATIONAL

GUARD PERSONNEL, TRAINING, AND EQUIPMENT REQUIREMENTS.— 

(1) Not later than January 31 of each of calendar years 2018 

through 2020, the Chief of the National Guard Bureau, in coordination with the Secretary of Defense, shall submit to the recipients 

described in paragraph (3) a report that identifies the personnel, 

training, and equipment required by the non-Federalized National 

Guard— 

‘‘(A) to support civilian authorities in connection with 

natural and man-made disasters during the covered period; 

and 

‘‘(B) to carry out prevention, protection, mitigation, 

response, and recovery activities relating to such disasters 

during the covered period. 

‘‘(2) In preparing each report under paragraph (1), the Chief 

of the National Guard Bureau shall— 

‘‘(A) consult with the chief executive of each State, the 

Council of Governors, and other appropriate civilian authorities; 

‘‘(B) collect and validate information from each State 

relating to the personnel, training, and equipment requirements 

described in paragraph (1); 

‘‘(C) set forth separately the personnel, training, and equipment requirements for— 

‘‘(i) each of the emergency support functions of the 

National Response Framework; and 

‘‘(ii) each of the Federal Emergency Management 

Agency regions; 

‘‘(D) assess core civilian capability gaps relating to natural 

and man-made disasters, as identified by States in submissions 

to the Department of Homeland Security; 

‘‘(E) take into account threat and hazard identifications 

and risk assessments of the Department of Defense, the Department of Homeland Security, and the States; and 

‘‘(F) assess the budgets of each State to support the personnel, training, and equipment requirements of the non-Federalized National Guard. 

‘‘(3) The annual report required by paragraph (1) shall be 

submitted to the following officials: 

‘‘(A) The congressional defense committees, the Committee 

on Homeland Security of the House of Representatives, and 

the Committee on Homeland Security and Governmental 

Affairs of the Senate. 

‘‘(B) The Secretary of Defense. 

‘‘(C) The Secretary of Homeland Security. 

‘‘(D) The Council of Governors. 

‘‘(E) The Secretary of the Army. 

‘‘(F) The Secretary of the Air Force. 

‘‘(G) The Commander of the United States Northern Command. 

‘‘(H) The Commander of the United States Pacific Command. 

‘‘(I) The Commander of the United States Cyber Command. 

‘‘(4) In this subsection, the term ‘covered period’ means the 

fiscal year beginning after the date on which a report is submitted 

under paragraph (1).’’. 

(b) CLERICAL AMENDMENTS.— 


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131 STAT. 1356 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 10504. Chief of National Guard Bureau: annual reports’’. 

(2) TABLE OF CONTENTS.—The table of sections at the beginning of chapter 1011 of title 10, United States Code, is amended 

by striking the item relating to section 10504 and inserting 

the following: 

‘‘10504. Chief of National Guard Bureau: annual reports.’’. 

SEC. 334. ANNUAL REPORT ON MILITARY WORKING DOGS USED BY 

THE DEPARTMENT OF DEFENSE. 

(a) CAPACITY.—The Secretary of Defense, acting through the 

Executive Agent for Military Working Dogs (hereinafter in this 

section referred to as the ‘‘Executive Agent’’), shall— 

(1) identify the number of military working dogs required 

to fulfill the various missions of the Department of Defense 

for which such dogs are used, including force protection, facility 

and check point security, and explosives and drug detection; 

(2) take such steps as are practicable to ensure an adequate 

number of military working dog teams are available to meet 

and sustain the mission requirements identified in paragraph 

(1); 

(3) ensure that the Department’s needs and performance 

standards with respect to military working dogs are readily 

available to dog breeders and trainers; and 

(4) coordinate with other Federal, State, and local agencies, 

nonprofit organizations, universities, and private sector entities, 

as appropriate, to increase the training capacity for military 

working dog teams. 

(b) MILITARY WORKING DOG PROCUREMENT.—The Secretary, 

acting through the Executive Agent, shall work to ensure that 

military working dogs are procured as efficiently as possible and 

at the best value to the Government, while maintaining the necessary level of quality and encouraging increased domestic breeding. 

(c) ANNUAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act, and annually thereafter until September 30, 2021, the Secretary, acting through the Executive Agent, 

shall submit to the congressional defense committees a report on 

the procurement and retirement of military working dogs for the 

fiscal year preceding the fiscal year during which the report is 

submitted. Each report under this subsection shall include the 

following for the fiscal year covered by the report: 

(1) The number of military working dogs procured, by 

source, by each military department or Defense Agency. 

(2) The cost of procuring military working dogs incurred 

by each military department or Defense Agency. 

(3) The number of domestically-bred and sourced military 

working dogs procured by each military department or Defense 

Agency, including a list of vendors, their location, cost, and 

the quantity of dogs procured from each vendor. 

(4) The number of non-domestically-bred military working 

dogs procured from non-domestic sources by each military 

department or Defense Agency, including a list of vendors, 

their location, cost, and the quantity of dogs procured from 

each vendor. 

10 USC 2302 

note. 

10 USC 10501 

prec. 


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(5) The cost of procuring pre-trained and green dogs for 

force protection, facility and checkpoint security, and improvised explosive device, other explosives, and drug detection. 

(6) An analysis of the procurement practices of each military department or Defense Agency that limit market access 

for domestic canine vendors and breeders. 

(7) The total cost of procuring domestically-bred military 

working dogs versus the total cost of procuring dogs from 

non-domestic sources. 

(8) The total number of domestically-bred dogs and the 

number of dogs from foreign sources procured by each military 

department or Defense Agency and the number and percentage 

of those dogs that are ultimately deployed for their intended 

use. 

(9) An explanation for any significant difference in the 

cost of procuring military working dogs from different sources. 

(10) An estimate of the number of military working dogs 

expected to retire annually and an identification of the primary 

cause of the retirement of such dogs. 

(11) An identification of the final disposition of military 

working dogs no longer in service. 

(d) MILITARY WORKING DOG DEFINED.—For purposes of this 

section, the term ‘‘military working dog’’ means a dog used in 

any official military capacity, as defined by the Secretary of Defense. 

SEC. 335. REPORT ON EFFECTS OF CLIMATE CHANGE ON DEPARTMENT 

OF DEFENSE. 

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

(1) Secretary of Defense James Mattis has stated: ‘‘It is 

appropriate for the Combatant Commands to incorporate 

drivers of instability that impact the security environment in 

their areas into their planning.’’. 

(2) Secretary of Defense James Mattis has stated: ‘‘I agree 

that the effects of a changing climate — such as increased 

maritime access to the Arctic, rising sea levels, desertification, 

among others — impact our security situation.’’. 

(3) Chairman of the Joint Chiefs of Staff Joseph Dunford 

has stated: ‘‘It’s a question, once again, of being forward 

deployed, forward engaged, and be in a position to respond 

to the kinds of natural disasters that I think we see as a 

second or third order effect of climate change.’’. 

(4) Former Secretary of Defense Robert Gates has stated: 

‘‘Over the next 20 years and more, certain pressures-population, 

energy, climate, economic, environmental-could combine with 

rapid cultural, social, and technological change to produce new 

sources of deprivation, rage, and instability.’’. 

(5) Former Chief of Staff of the U.S. Army Gordon Sullivan 

has stated: ‘‘Climate change is a national security issue. We 

found that climate instability will lead to instability in geopolitics and impact American military operations around the 

world.’’. 

(6) The Office of the Director of National Intelligence 

(ODNI) has stated: ‘‘Many countries will encounter climateinduced disruptions—such as weather-related disasters, 

drought, famine, or damage to infrastructure—that stress their 

capacity to respond, cope with, or adapt. Climate-related 

impacts will also contribute to increased migration, which can 


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131 STAT. 1358 PUBLIC LAW 115–91—DEC. 12, 2017 

be particularly disruptive if, for example, demand for food and 

shelter outstrips the resources available to assist those in 

need.’’. 

(7) The Government Accountability Office (GAO) has 

stated: ‘‘DOD links changes in precipitation patterns with 

potential climate change impacts such as changes in the 

number of consecutive days of high or low precipitation as 

well as increases in the extent and duration of droughts, with 

an associated increase in the risk of wildfire. . . this may 

result in mission vulnerabilities such as reduced live-fire 

training due to drought and increased wildfire risk.’’. 

(8) A three-foot rise in sea levels will threaten the operations of more than 128 United States military sites, and 

it is possible that many of these at-risk bases could be submerged in the coming years. 

(9) As global temperatures rise, droughts and famines can 

lead to more failed states, which are breeding grounds of 

extremist and terrorist organizations. 

(10) In the Marshall Islands, an Air Force radar installation 

built on an atoll at a cost of $1,000,000,000 is projected to 

be underwater within two decades. 

(11) In the western United States, drought has amplified 

the threat of wildfires, and floods have damaged roads, runways, and buildings on military bases. 

(12) In the Arctic, the combination of melting sea ice, 

thawing permafrost, and sea-level rise is eroding shorelines, 

which is damaging radar and communication installations, runways, seawalls, and training areas. 

(13) In the Yukon Training Area, units conducting artillery 

training accidentally started a wildfire despite observing the 

necessary practices during red flag warning conditions. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) climate change is a direct threat to the national security 

of the United States and is impacting stability in areas of 

the world both where the United States Armed Forces are 

operating today, and where strategic implications for future 

conflict exist; 

(2) there are complexities in quantifying the cost of climate 

change on mission resiliency, but the Department of Defense 

must ensure that it is prepared to conduct operations both 

today and in the future and that it is prepared to address 

the effects of a changing climate on threat assessments, 

resources, and readiness; and 

(3) military installations must be able to effectively prepare 

to mitigate climate damage in their master planning and infrastructure planning and design, so that they might best consider 

the weather and natural resources most pertinent to them. 

(c) REPORT.— 

(1) 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 vulnerabilities 

to military installations and combatant commander requirements resulting from climate change over the next 20 years. 

(2) ELEMENTS.—The report on vulnerabilities to military 

installations and combatant commander requirements required 

by paragraph (1) shall include the following: 


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(A) A list of the ten most vulnerable military installations within each service based on the effects of rising 

sea tides, increased flooding, drought, desertification, 

wildfires, thawing permafrost, and any other categories 

the Secretary determines necessary. 

(B) An overview of mitigations that may be necessary 

to ensure the continued operational viability and to 

increase the resiliency of the identified vulnerable military 

installations and the cost of such mitigations. 

(C) A discussion of the climate-change related effects 

on the Department, including the increase in the frequency 

of humanitarian assistance and disaster relief missions 

and the theater campaign plans, contingency plans, and 

global posture of the combatant commanders. 

(D) An overview of mitigations that may be necessary 

to ensure mission resiliency and the cost of such mitigations. 

(3) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may contain a classified 

annex. 

SEC. 336. REPORT ON OPTIMIZATION OF TRAINING IN AND MANAGEMENT OF SPECIAL USE AIRSPACE. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Director of the Bases, Ranges, and 

Airspace Directorate of the Air Force and the Administrator of 

the Federal Aviation Administration shall submit to Congress a 

report on optimization of training in and management of special 

use airspace that includes the following: 

(1) Best practices for the management of special use airspace, including practices that— 

(A) result in cost savings relating to training; 

(B) increase training opportunities for airmen; 

(C) increase joint use of such airspace; 

(D) improve coordination with respect to such airspace 

with— 

(i) the Federal Aviation Administration; 

(ii) Indian tribes; 

(iii) airports, civilian aircraft operators, and local 

communities; and 

(iv) private landowners and other stakeholders; 

or 

(E) improve the coordination of large force exercises, 

including the use of waivers or other exceptional measures. 

(2) An assessment of whether the capacity of ranges, 

including limitations on flight operations, is adequate to meet 

current and future training needs. 

(3) An assessment of whether the establishment of a dedicated squadron for the purpose of coordinating the use of a 

special use airspace at the installation located in that airspace 

would improve the achievement of the objectives described in 

subparagraphs (A) through (E) of paragraph (1). 

(4) An assessment of the processes in place to consider, 

evaluate, and mitigate special use airspace impacts to the public 

right of transit through navigable airspace and the safe and 

efficient use of the National Airspace System by commercial 

and general aviation. 


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131 STAT. 1360 PUBLIC LAW 115–91—DEC. 12, 2017 

(5) Recommendations for improving the management and 

utilization of special use airspace to meet the objectives 

described in subparagraphs (A) through (E) of paragraph (1) 

and to address any gaps in capacity identified under paragraph 

(2). 

(b) SPECIAL USE AIRSPACE DEFINED.—In this section, the term 

‘‘special use airspace’’ means special use airspace designated under 

part 73 of title 14, Code of Federal Regulations. 

SEC. 337. PLAN FOR MODERNIZED, DEDICATED DEPARTMENT OF THE 

NAVY ADVERSARY AIR TRAINING ENTERPRISE. 

(a) PLAN REQUIRED.—The Chief of Naval Operations and the 

Commandant of the Marine Corps shall develop a plan— 

(1) to establish a modernized, dedicated adversary air 

training enterprise for the Department of the Navy in order 

to— 

(A) maximize warfighting effectiveness and synergies 

of the current and planned fourth and fifth generation 

combat air forces through optimized training and readiness; 

and 

(B) harness intelligence analysis, emerging live-virtualconstructive training technologies, range infrastructure 

improvements, and results of experimentation and prototyping efforts in operational concept development; 

(2) to explore all available opportunities to challenge the 

combat air forces of the Department of the Navy with threat 

representative adversary-to-friendly aircraft ratios, known and 

emerging adversary tactics, and high-fidelity replication of 

threat airborne and ground capabilities; and 

(3) to execute all means available to achieve training and 

readiness goals and objectives of the Navy and Marine Corps 

with demonstrated institutional commitment to the adversary 

air training enterprise through the application of Department 

of the Navy policy and resources, partnering with the other 

Armed Forces, allies, and friends, and employing the use of 

industry contracted services. 

(b) PLAN ELEMENTS.—The plan required under subsection (a) 

shall include enterprise goals, objectives, concepts of operations, 

phased implementation timelines, analysis of expected readiness 

improvements, prioritized resource requirements, and such other 

matters as the Chief of Naval Operations and Commandant of 

the Marine Corps consider appropriate. 

(c) SUBMITTAL OF PLAN AND BRIEFING.—Not later than March 

1, 2018, the Chief of Naval Operations and Commandant of the 

Marine Corps shall provide to the Committees on Armed Services 

of the Senate and the House of Representatives a written plan 

and briefing on the plan required under subsection (a). 

SEC. 338. UPDATED GUIDANCE REGARDING BIENNIAL CORE REPORT. 

To ensure that the biennial core reporting procedures of the 

Department of Defense align with the requirements of section 2464 

of title 10, United States Code, and that each reporting agency 

provides accurate and complete information, the Secretary of 

Defense shall direct the Under Secretary of Defense for Acquisition, 

Technology and Logistics to update the Department of Defense 

Guidance, in particular Department of Defense Instruction 4151.20, 

to require future biennial core reports include instructions to the 

reporting agencies on how to— 

10 USC 2464 

note. 


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(1) report additional depot workload performed that has 

not been identified as a core requirement; 

(2) accurately capture inter-service workload; 

(3) calculate shortfalls; and 

(4) estimate the cost of planned workload. 

Subtitle E—Other Matters 

SEC. 341. EXPLOSIVE SAFETY BOARD. 

(a) MODIFICATION AND IMPROVEMENT OF AMMUNITION STORAGE

BOARD.—Section 172 of title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretaries of the military departments’’ and inserting ‘‘(a) IN GENERAL.—The Secretary of 

Defense’’; 

(2) by inserting ‘‘that includes members’’ after ‘‘joint board’’; 

(3) by striking ‘‘selected by them’’ and inserting ‘‘selected 

by the Secretaries of the military departments,’’; 

(4) by inserting ‘‘military’’ before ‘‘officers’’; 

(5) by inserting ‘‘designated as the chair and voting members of the board for each military department’’ after ‘‘officers’’; 

(6) by inserting ‘‘and other’’ before ‘‘civilian officers’’; 

(7) by striking ‘‘or both’’ and inserting ‘‘as necessary’’; 

(8) by striking ‘‘keep informed on stored’’ and inserting 

‘‘provide oversight on storage and transportation of’’; and 

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

‘‘(b) OVERSIGHT BY SECRETARIES OF THE MILITARY DEPARTMENTS.—The Secretaries of the military departments shall provide 

research, development, test, evaluation, and manufacturing oversight for energetic materials supporting military requirements.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of section 172 of title 

10, United States Code, is amended by striking ‘‘Ammunition 

storage’’ and inserting ‘‘Explosive safety’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 7 of such title is amended by striking the 

item relating to section 172 and inserting the following new 

item: 

‘‘172. Explosive safety board.’’. 

SEC. 342. SERVICEWOMEN’S COMMEMORATIVE PARTNERSHIPS. 

(a) IN GENERAL.—The Secretary of Defense may provide not 

more than $5,000,000 in financial support for the acquisition, 

installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums 

that highlight the role of women in the military. The Secretary 

may enter into a contract, partnership, or grant with a non-profit 

organization for the purpose of performing such acquisition, installation, and maintenance. 

(b) PURPOSES.—The contracts, partnerships, or grants shall 

be limited to serving the purposes of— 

(1) preserving the history of the 3,000,000 women who 

have served in the United States Armed Forces; 

(2) managing an archive of artifacts, historic memorabilia, 

and documents related to servicewomen; 

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

and 

10 USC 113 note. 

10 USC 171 prec. 


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(4) conducting other educational programs related to 

women in service. 

SEC. 343. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED 

SKILLS MANAGEMENT SOFTWARE SYSTEM OF THE NAVY. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2018 for the Department of Defense may be obligated for the 

enhancement of the advanced skills management software system 

of the Navy until a period of 60 days has elapsed following the 

date on which Secretary of the Navy makes the submission required 

under subsection (b)(3). 

(b) BRIEFING AND CERTIFICATION.—The Secretary of the Navy 

shall— 

(1) provide to the Committees on Armed Services of the 

Senate and the House of Representatives a briefing on any 

enhancements that are needed for the advanced skills management software system of the Navy; 

(2) after providing the briefing under paragraph (1), issue 

a request for information for such enhancements in accordance 

with part 15.2 of the Federal Acquisition Regulation; and 

(3) submit to the Committees on Armed Services of the 

Senate and the House of Representatives— 

(A) the results of the request for information issued 

under paragraph (2); and 

(B) a written certification that— 

(i) as part of the request for information, the Secretary solicited information on commercially available 

off-the-shelf software solutions that may be used to 

enhance the advanced skills management software 

system of the Navy; and 

(ii) the Secretary has considered using such solutions. 

(c) ADVANCED SKILLS MANAGEMENT SOFTWARE SYSTEM

DEFINED.—In this section, the term ‘‘advanced skills management 

software system’’ means a software application designed to— 

(1) identify job task requirements for Navy personnel; 

(2) assist in determining the proficiencies of such personnel; 

(3) document qualifications and certifications of such personnel; and 

(4) track the technical training completed by Navy aviation 

maintenance personnel. 

SEC. 344. COST-BENEFIT ANALYSIS OF UNIFORM SPECIFICATIONS FOR 

AFGHAN MILITARY OR SECURITY FORCES. 

Beginning on the date of the enactment of this Act, whenever 

the Secretary of Defense enters into a contract for the provision 

of uniforms for Afghan military or security forces, the Secretary 

shall conduct a cost-benefit analysis of the uniform specification 

for the Afghan military or security forces uniform. Such analysis 

shall determine— 

(1) whether there is a more effective alternative uniform 

specification, considering both operational environment and 

cost, available to the Afghan military or security forces; 

(2) the efficacy of the existing pattern compared to other 

alternatives (both proprietary and non-proprietary patterns); 

and 

10 USC 2302 

note. 


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(3) the costs and feasibility of transitioning the uniforms 

of the Afghan military or security forces to a pattern owned 

by the United States, using existing excess inventory where 

available, and acquiring the rights to the Spec4ce Forest pattern. 

SEC. 345. TEMPORARY INSTALLATION REUTILIZATION AUTHORITY 

FOR ARSENALS, DEPOTS, AND PLANTS. 

(a) MODIFIED AUTHORITY.—In the case of a military manufacturing arsenal, depot, or plant, the Secretary of the Army may 

authorize up to 10 leases and contracts per fiscal year under section 

2667 of title 10, United States Code, for a term of up to 25 years, 

notwithstanding subsection (b)(1) of such section, if the Secretary 

determines that a lease or contract of that duration will promote 

the national defense for the purpose of— 

(1) helping to maintain the viability of the military manufacturing arsenal, depot, or plant and any military installations 

on which it is located; 

(2) eliminating, or at least reducing, the cost of Government 

ownership of the military manufacturing arsenal, depot, or 

plant, including the costs of operations and maintenance, the 

costs of environmental remediation, and other costs; and 

(3) leveraging private investment at the military manufacturing arsenal, depot, or plant through long-term facility use 

contracts, property management contracts, leases, or other 

agreements that support and advance the preceding purposes. 

(b) DELEGATION AND REVIEW PROCESS.— 

(1) IN GENERAL.—The Secretary of the Army may delegate 

the authority provided by this section to the commander of 

the major subordinate command of the Army that has responsibility for the military manufacturing arsenal, depot, or plant 

or, if part of a larger military installation, the installation 

as a whole. The commander may approve a lease or contract 

under such authority on a case-by-case basis or a class basis. 

(2) NOTICE OF APPROVAL.—Upon any approval of a lease 

or contract by a commander pursuant to a delegation of 

authority under paragraph (1), the commander shall notify 

the Chief of the Army Corps of Engineers and Congress of 

the approval. 

(3) REVIEW PERIOD.—Any lease or contract that is approved 

utilizing the delegation authority under paragraph (1) is subject 

to a 90-day hold period so that the Chief of the Army Corps 

of Engineers may review the lease or contract pursuant to 

paragraph (4). 

(4) DISPOSITION OF REVIEW.—If the Chief of the Army Corps 

of Engineers disapproves of a contract or lease submitted for 

review under paragraph (3), the agreement shall be null and 

void upon transmittal by the Chief of the Army Corps of Engineers to the delegating authority of a written disapproval, 

including a justification for such disapproval, within the 90- 

day hold period. If no such disapproval is transmitted within 

the 90-day hold period, the agreement shall be deemed 

approved. 

(5) APPROVAL OF REVISED AGREEMENT.—If, not later than 

60 days after receiving a disapproval under paragraph (4), 

the delegating authority submits to the Chief of the Army 

Corps of Engineers a new contract or lease that addresses 

10 USC 2667 

note. 


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the concerns of the Chief of the Army Corps of Engineers 

outlined in such disapproval, the new contract or lease shall 

be deemed approved unless the Chief of the Army Corps of 

Engineers transmits to the delegating authority a disapproval 

of the new contract or lease within 30 days of such submission. 

(c) MILITARY MANUFACTURING ARSENAL, DEPOT, OR PLANT

DEFINED.—In this section, the term ‘‘military manufacturing 

arsenal, depot, or plant’’ means a Government-owned, Governmentoperated defense plant of the Army that manufactures weapons, 

weapon components, or both. 

(d) SUNSET.—The authority under this section shall terminate 

at the close of September 30, 2020. Any contracts entered into 

on or before such date shall continue in effect according to their 

terms. 

SEC. 346. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL 

MAINTENANCE BEST PRACTICES. 

(a) IN GENERAL.—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 comprehensive plan for 

the sharing of best practices for depot-level maintenance among 

the military services. 

(b) ELEMENTS.—The comprehensive plan required under subsection (a) shall cover the sharing of best practices with regard 

to— 

(1) programing and scheduling; 

(2) core capability requirements; 

(3) workload; 

(4) personnel management, development, and sustainment; 

(5) induction, duration, efficiency, and completion metrics; 

(6) parts, supply, tool, and equipment management; 

(7) capital investment and manufacturing and production 

capability; and 

(8) inspection and quality control. 

SEC. 347. PILOT PROGRAM FOR OPERATION AND MAINTENANCE 

BUDGET PRESENTATION. 

(a) IN GENERAL.—Along with the budget for fiscal years 2019, 

2020, and 2021 submitted by the President pursuant to section 

1105(a) of title 31, United States Code, the Secretary of Defense 

and the Secretaries of the military departments shall submit to 

the Committees on Armed Services of the Senate and the House 

of Representatives an annex for the following Operation and Maintenance sub-activity groups (SAG): 

(1) For the Army: 

(A) SAG 111 – Maneuver Units. 

(B) SAG 123 – Land Forces Depot Maintenance. 

(C) SAG 131 – Base Operations Support. 

(D) SAG 322 – Flight Training. 

(2) For the Navy: 

(A) SAG 1A5A – Aircraft Depot Maintenance. 

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

(C) SAG 1B4B – Ship Depot Maintenance. 

(D) SAG BSS1 – Base Operating Support. 

(3) For the Marine Corps: 

(A) SAG 1A1A – Operational Forces. 

(B) SAG 1A3A – Depot Maintenance. 

(C) SAG 1B1B – Field Logistics. 


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(D) SAG BSS1 – Base Operating Support. 

(4) For the Air Force: 

(A) SAG 011A – Primary Combat Forces. 

(B) SAG 011Y – Flying Hour Program. 

(C) SAG 011Z – Base Support. 

(D) SAG 021M – Depot Maintenance. 

(b) ELEMENTS.—The annex required under subsection (a) shall 

include the following elements: 

(1) A summary by appropriation account with subtotals 

for Department of Defense components. 

(2) A summary of each appropriation account by budget 

activity, activity group, and sub-activity group with budget 

activity and activity group subtotals and an appropriation total. 

(3) A detailed sub-activity group by program element and 

expense aggregate listing in budget activity and activity group 

sequence. 

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

element tags included. 

(5) A summary of each depot maintenance facility with 

information on workload, work force, sources of funding, and 

expenses similar to the exhibit on Mission Funded Naval Shipyards included with the 2012 Navy Budget Justification. 

(6) A summary of contractor logistics support for each 

program element, including a measure of workload and unit 

cost. 

(c) FORMATTING.—The annex required under subsection (a) shall 

be formatted in accordance with relevant Department of Defense 

financial management regulations that provide guidance for budget 

submissions to Congress. 

SEC. 348. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS. 

(a) REQUIRED TRANSFER.—Not later than 90 days after the 

date of the enactment of this Act, and subject to subsection (c), 

the Secretary of the Army shall transfer to a suitable organic 

facility all excess firearms, related spare parts and components, 

small arms ammunition, and ammunition components currently 

stored at Defense Distribution Depot, Anniston, Alabama, that are 

no longer actively issued for military service and that are otherwise 

prohibited from commercial sale, or distribution, under Federal 

law. 

(b) REPURPOSING AND REUSE.—The items specified for transfer 

under subsection (a) shall be melted and repurposed for military 

use as determined by the Secretary of the Army, including— 

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

and 

(2) force protection barriers and security bollards. 

(c) ITEMS EXEMPT FROM TRANSFER.—M–1 Garand, caliber .45 

M1911/M1911A1 pistols, caliber .22 rimfire rifles, and such additional items as designated by the Secretary in the annual report 

required under subsection (d) are not subject to the transfer requirement under subsection (a). 

(d) ANNUAL REPORT.—Not later than 5 days after the budget 

of the President for a fiscal year is submitted to Congress under 

section 1105 of title 31, United States Code, the Secretary of the 

Army, in coordination with the Director of the Defense Logistics 

Agency, shall submit to the Committees on Armed Services of 

10 USC 4681 

note prec. 


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the Senate and the House of Representatives a report specifying 

additional excess firearms, related spare parts and components, 

small arms ammunition, and ammunition components designated 

as no longer actively issued for military service and that are otherwise prohibited from commercial sale, or distribution, under Federal 

law. The Secretary of the Army shall designate these items to 

either be added to the transfer list for the purposes described 

under subsection (b) or the list of items exempted under subsection 

(c). The report may not include the redesignation or change in 

status of items previously designated for transfer or exemption 

pursuant to subsections (a) or (c). 

(e) ACTIONS PURSUANT TO ANNUAL REPORT.—The Secretary 

of the Army may not take any action to transfer items designated 

in the report submitted under subsection (d) until the date of 

the enactment of the National Defense Authorization Act for the 

fiscal year following the year such report is submitted. Upon enactment of such Act, the Secretary shall transfer or exempt the items 

so designated. 

SEC. 349. DEPARTMENT OF THE NAVY MARKSMANSHIP AWARDS. 

Section 40728 of title 36, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(i) AUTHORIZED NAVY TRANSFERS.—(1) Notwithstanding subsections (a) and (b), the Secretary of the Navy may transfer to 

the corporation, in accordance with the procedures prescribed in 

this subchapter, M–1 Garand and caliber .22 rimfire rifles held 

within the inventories of the United States Navy and the United 

States Marine Corps and stored at Defense Distribution Depot, 

Anniston, Alabama, or Naval Surface Warfare Center, Crane, 

Indiana, as of the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2018. 

‘‘(2) The items specified for transfer under paragraph (1)— 

‘‘(A) shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps 

or the United States Navy and may not be resold; and 

‘‘(B) shall be rendered inoperable prior to award and 

transfer to marksmanship competitors.’’. 

SEC. 350. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND 

SENSOR OPERATOR AIRCREWS OF MQ–9 UNMANNED 

AERIAL VEHICLES. 

(a) CONTRACTS FOR TRAINING.—Subject to subsection (c), the 

Secretary of the Air Force may enter into one or more contracts 

with appropriate civilian entities in order to provide flying or operating training for Air National Guard pilots and sensor operator 

aircrew members in the MQ–9 unmanned aerial vehicle if the 

Secretary of the Air Force determines that— 

(1) Air Force training units lack sufficient capacity to train 

such pilots or sensor operator aircrew members for initial qualification in the MQ–9 unmanned aerial vehicle; 

(2) pilots or sensor operator aircrew members of Air 

National Guard units require continuation training in order 

to remain current and qualified in the MQ–9 unmanned aerial 

vehicle; 

(3) non-combat continuation training in the MQ–9 

unmanned aerial vehicle is necessary for such pilots or sensor 

operator aircrew members to achieve required levels of flying 

or operating proficiency; and 


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(4) such training for such pilots or sensor operator aircrew 

members is necessary in order to meet requirements for the 

Air National Guard to provide pilots and sensor operator aircrew members qualified in the MQ–9 unmanned aerial vehicle 

for operations on active duty and in State status. 

(b) NATURE OF TRAINING UNDER CONTRACTS.—Any training 

provided pursuant to a contract under subsection (a) shall incorporate a level of instruction that is equivalent to the instruction 

in the MQ–9 unmanned aerial vehicle provided to pilots and sensor 

operator aircrew members at Air Force training units, as determined by the Secretary of the Air Force. 

(c) AUTHORITY CONTINGENT ON CERTIFICATION AND NOTICE AND

WAIT PERIOD.—The Secretary of the Air Force may not use the 

authority in subsection (a) unless and until the Secretary of the 

Air Force certifies to the congressional defense committees in 

writing, 90 days in advance of executing such authority provided 

in subsection (a), that the use of the authority is necessary to 

provide required flying or operating training for Air National Guard 

pilots and sensor operator aircrew members in the MQ–9 unmanned 

aerial vehicle. 

SEC. 351. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE 

RESPONSE. 

The Secretary of the Army and the Secretary of the Air Force 

may, in consultation with the Chief of the National Guard Bureau, 

provide support for training of appropriate personnel of the National 

Guard on wildfire response and prevention, with preference given 

to military installations with the highest wildfire suppression need. 

SEC. 352. MODIFICATION OF THE SECOND DIVISION MEMORIAL. 

(a) AUTHORIZATION.—The Second Indianhead Division Association, Inc., Scholarship and Memorials Foundation, an organization 

described in section 501(c)(3) of the Internal Revenue Code of 1986 

and exempt from taxation under section 501(a) of that Code, may 

place additional commemorative elements or engravings on the 

raised platform or stone work of the existing Second Division Memorial located in President’s Park, between 17th Street Northwest 

and Constitution Avenue in the District of Columbia, to further 

honor the members of the Second Infantry Division who have given 

their lives in service to the United States. 

(b) APPLICATION OF COMMEMORATIVE WORKS ACT.—Chapter 

89 of title 40, United States Code (commonly known as the 

‘‘Commemorative Works Act’’), shall apply to the design and placement of the commemorative elements or engravings authorized 

under subsection (a). 

(c) FUNDING.—Federal funds may not be used for modifications 

of the Second Division Memorial authorized under subsection (a). 

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. 

40 USC 8903 

note. 

32 USC 501 note. 


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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. Fiscal year 2018 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. Sec. 416. Number of members of the National Guard on full-time duty in support 

of the reserves within the National Guard Bureau. 

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, 2018, as follows: 

(1) The Army, 483,500. 

(2) The Navy, 327,900. 

(3) The Marine Corps, 186,000. 

(4) The Air Force, 325,100. 

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, 483,500. 

‘‘(2) For the Navy, 327,900. 

‘‘(3) For the Marine Corps, 186,000. 

‘‘(4) For the Air Force, 325,100.’’. 

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, 2018, as follows: 

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

(2) The Army Reserve, 199,500. 

(3) The Navy Reserve, 59,000. 

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

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

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

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

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are 


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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, 2018, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 30,155. 

(2) The Army Reserve, 16,261. 

(3) The Navy Reserve, 10,101. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 16,260. 

(6) The Air Force Reserve, 3,588. 

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 2018 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(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, 19,135. 

(4) For the Air Force Reserve, 8,880. 

SEC. 414. FISCAL YEAR 2018 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—The number of non-dual status 

technicians employed by the National Guard as of September 

30, 2018, may not exceed the following: 

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

0. 

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

0. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2018, 

may not exceed 0. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2018, may not exceed 0. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2018, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 


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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. 

SEC. 416. NUMBER OF MEMBERS OF THE NATIONAL GUARD ON FULLTIME DUTY IN SUPPORT OF THE RESERVES WITHIN THE 

NATIONAL GUARD BUREAU. 

(a) ARMY NATIONAL GUARD OF THE UNITED STATES.—As of 

the end of fiscal year 2019, and as of the end of each fiscal year 

thereafter, the number of members of the Army National Guard 

of the United States serving with the National Guard Bureau 

on full-time duty for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components may 

not exceed the number equal to six percent of the total number 

of members of the Army National Guard of the United States 

authorized for service on full-time duty for that purpose in that 

fiscal year. 

(b) AIR NATIONAL GUARD OF THE UNITED STATES.—As of the 

end of fiscal year 2019, and as of the end of each fiscal year 

thereafter, the number of members of the Air National Guard 

of the United States serving with the National Guard Bureau 

on full-time duty for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components may 

not exceed the number equal to six percent of the total number 

of members of the Air National Guard of the United States authorized for service on full-time duty for that purpose in that fiscal 

year. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2018 for the use 

of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in subsection (a) supersedes any other authorization 

of appropriations (definite or indefinite) for such purpose for fiscal 

year 2018. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance to their selection. 

10 USC 10508 

note. 


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Sec. 502. Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment. 

Sec. 503. Modification of requirement for specification of number of officers who 

may be recommended for early retirement by a Selective Early Retirement Board. 

Sec. 504. Extension of service-in-grade waiver authority for voluntary retirement of 

certain general and flag officers for purposes of enhanced flexibility in 

officer personnel management. 

Sec. 505. Inclusion of Principal Military Deputy to the Assistant Secretary of the 

Army for Acquisition, Technology, and Logistics among officers subject 

to repeal of statutory specification of general officer grade. 

Sec. 506. Clarification of effect of repeal of statutory specification of general or flag 

officer grade for various positions in the Armed Forces. 

Sec. 507. Standardization of authorities in connection with repeal of statutory specification of general officer grade for the Dean of the Academic Board of 

the United States Military Academy and the Dean of the Faculty of the 

United States Air Force Academy. 

Sec. 508. Flexibility in promotion of officers to positions of Staff Judge Advocate to 

the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy or Air Force. 

Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates General of 

the Navy as of repeal of statutory specification of general and flag officers grades in the Armed Forces. 

Subtitle B—Reserve Component Management 

Sec. 511. Equal treatment of orders to serve on active duty under sections 12304a 

and 12304b of title 10, United States Code. 

Sec. 512. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer. 

Sec. 513. Consolidation of authorities to order members of the reserve components 

of the Armed Forces to perform duty. 

Sec. 514. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters. 

Subtitle C—General Service Authorities 

PART I—MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY RECORDS

Sec. 520. Consideration of additional medical evidence by Boards for the Correction 

of Military Records and liberal consideration of evidence relating to 

post-traumatic stress disorder or traumatic brain injury. 

Sec. 521. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the 

claims involve sexual assault. 

Sec. 522. Confidential review of characterization of terms of discharge of members 

who are victims of sex-related offenses. 

Sec. 523. Training requirements for members of boards for the correction of military records and personnel who investigate claims of retaliation. 

Sec. 524. Pilot program on use of video teleconferencing technology by boards for 

the correction of military records and discharge review boards. 

PART II—OTHER GENERAL SERVICE AUTHORITIES

Sec. 526. Modification of basis for extension of period for enlistment in the Armed 

Forces under the Delayed Entry Program. 

Sec. 527. Reauthorization of authority to order retired members to active duty in 

high-demand, low-density assignments. 

Sec. 528. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits. 

Sec. 529. Extension of authority of the Secretary of Veterans Affairs to provide for 

the conduct of medical disability examinations by contract physicians. 

Sec. 530. Provision of information on naturalization through military service. 

Subtitle D—Military Justice and Other Legal Issues 

Sec. 531. Clarifying amendments related to the Uniform Code of Military Justice 

reform by the Military Justice Act of 2016. 

Sec. 532. Enhancement of effective prosecution and defense in courts-martial and 

related matters. 

Sec. 533. Punitive article under the Uniform Code of Military Justice on wrongful 

broadcast or distribution of intimate visual images or visual images of 

sexually explicit conduct. 

Sec. 534. Garnishment to satisfy judgment rendered for physically, sexually, or 

emotionally abusing a child. 


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Sec. 535. Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program. Sec. 536. Special Victims’ Counsel training regarding the unique challenges often 

faced by male victims of sexual assault. Sec. 537. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of 

private sexual images. Sec. 538. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member. 

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

Sec. 541. Element in preseparation counseling for members of the Armed Forces on 

assistance and support services for caregivers of certain veterans 

through the Department of Veterans Affairs. Sec. 542. Improved employment assistance for members of the Army, Navy, Air 

Force, and Marine Corps and veterans. Sec. 543. Limitation on release of military service academy graduates to participate 

in professional athletics. Sec. 544. Two-year extension of suicide prevention and resilience program for the 

National Guard and Reserves. 

Sec. 545. Annual certifications related to Ready, Relevant Learning initiative of the 

Navy. Sec. 546. Authority to expand eligibility for the United States Military Apprenticeship Program. Sec. 547. Limitation on availability of funds for attendance of Air Force enlisted 

personnel at Air Force officer professional military education in-residence courses. 

Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships. 

Sec. 549. Pilot programs on appointment in the excepted service in the Department 

of Defense of physically disqualified former cadets and midshipmen. 

Subtitle F—Defense Dependents’ Education and Military Family Readiness Matters 

PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS

Sec. 551. Assistance to schools with military dependent students. 

Sec. 552. Transitions of military dependent students from Department of Defense 

dependent schools to other schools and among schools of local educational agencies. Sec. 553. Report on educational opportunities in science, technology, engineering, 

and mathematics for children who are dependents of members of the 

Armed Forces. 

PART II—MILITARY FAMILY READINESS MATTERS

Sec. 555. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces. Sec. 556. Reimbursement for State licensure and certification costs of a spouse of 

a member of the Armed Forces arising from relocation to another State. Sec. 557. Temporary extension of extended period of protections for members of 

uniformed services relating to mortgages, mortgage foreclosure, and 

eviction. 

Sec. 558. Enhancing military childcare programs and activities of the Department 

of Defense. 

Sec. 559. Direct hire authority for Department of Defense for childcare services providers for Department child development centers. Sec. 560. Pilot program on public-private partnerships for telework facilities for 

military spouses on military installations outside the United States. 

Subtitle G—Decorations and Awards 

Sec. 561. Authorization for award of the Medal of Honor to Garlin M. Conner for 

acts of valor during World War II. Sec. 562. Authorization for award of Distinguished-Service Cross to Specialist 

Frank M. Crary for acts of valor in Vietnam. 

Subtitle H—Miscellaneous Reporting Requirements 

Sec. 571. Analysis and report on accompanied and unaccompanied tours of duty in 

remote locations with high family support costs. Sec. 572. Review and reports on policies for regular and reserve officer career management. Sec. 573. Review and report on effects of personnel requirements and limitations on 

the availability of members of the National Guard for the performance 

of funeral honors duty for veterans. 


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Sec. 574. Review and report on authorities for the employment, use, and status of 

National Guard and Reserve technicians. 

Sec. 575. Assessment and report on expanding and contracting for childcare services of the Department of Defense. 

Sec. 576. Review and report on compensation provided childcare services providers 

of the Department of Defense. 

Sec. 577. Comptroller General of the United States assessment and report on the 

Office of Complex Investigations within the National Guard Bureau. 

Sec. 578. Modification of submittal date of Comptroller General of the United 

States report on integrity of the Department of Defense whistleblower 

program. 

Subtitle I—Other Matters 

Sec. 581. Expansion of United States Air Force Institute of Technology enrollment 

authority to include civilian employees of the homeland security industry. 

Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps as a basic 

branch of the Army. 

Sec. 583. Designation of office within Office of the Secretary of Defense to oversee 

use of food assistance programs by members of the Armed Forces on active duty. 

Subtitle A—Officer Personnel Policy 

SEC. 501. MODIFICATION OF DEADLINE FOR SUBMITTAL BY OFFICERS 

OF WRITTEN COMMUNICATIONS TO PROMOTION SELECTION BOARDS ON MATTERS OF IMPORTANCE TO THEIR 

SELECTION. 

(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 614(b) of title 

10, United States Code, is amended by striking ‘‘the day’’ and 

inserting ‘‘10 calendar days’’. 

(b) OFFICERS IN RESERVE ACTIVE-STATUS.—Section 14106 of 

title 10, United States Code, is amended in the second sentence 

by striking ‘‘the day’’ and inserting ‘‘10 calendar days’’. 

(c) APPLICATION OF AMENDMENTS.—The amendments made by 

this section shall apply with respect to promotion selection boards 

convened on or after the date of the enactment of this Act. 

SEC. 502. CLARIFICATION TO EXCEPTION FOR REMOVAL OF OFFICERS 

FROM LIST OF OFFICERS RECOMMENDED FOR PROMOTION AFTER 18 MONTHS WITHOUT APPOINTMENT. 

Section 629(c)(3) of title 10, United States Code, is amended 

by striking ‘‘the Senate is not able to obtain the information necessary’’ and inserting ‘‘the military department concerned is not 

able to obtain and provide to the Senate the information the Senate 

requires’’. 

SEC. 503. MODIFICATION OF REQUIREMENT FOR SPECIFICATION OF 

NUMBER OF OFFICERS WHO MAY BE RECOMMENDED FOR 

EARLY RETIREMENT BY A SELECTIVE EARLY RETIREMENT 

BOARD. 

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

(1) in subsection (c), by striking paragraph (1) and inserting 

the following new paragraph: 

‘‘(1) In the case of an action under subsection (b)(2), the total 

number of officers described in that subsection that a selection 

board convened under section 611(b) of this title pursuant to the 

authority of that subsection may recommend for early retirement 

may not be more than 30 percent of the number of officers considered in each grade in each competitive category.’’; and 

10 USC 614 note. 


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(2) in subsection (d), by striking paragraph (2) and inserting 

the following new paragraph: 

‘‘(2) The total number of officers to be recommended for discharge by a selection board convened pursuant to subsection (b)(3) 

may not be more than 30 percent of the number of officers considered.’’. 

SEC. 504. EXTENSION OF SERVICE-IN-GRADE WAIVER AUTHORITY FOR 

VOLUNTARY RETIREMENT OF CERTAIN GENERAL AND 

FLAG OFFICERS FOR PURPOSES OF ENHANCED FLEXIBILITY IN OFFICER PERSONNEL MANAGEMENT. 

Section 1370(a)(2)(G) of title 10, United States Code, is amended 

by striking ‘‘2017’’ and inserting ‘‘2025’’. 

SEC. 505. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO THE ASSISTANT SECRETARY OF THE ARMY FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS AMONG OFFICERS SUBJECT TO 

REPEAL OF STATUTORY SPECIFICATION OF GENERAL 

OFFICER GRADE. 

Section 3016(b)(5)(B) of title 10, United States Code, is amended 

by striking ‘‘a lieutenant general’’ and inserting ‘‘an officer’’. 

SEC. 506. CLARIFICATION OF EFFECT OF REPEAL OF STATUTORY 

SPECIFICATION OF GENERAL OR FLAG OFFICER GRADE 

FOR VARIOUS POSITIONS IN THE ARMED FORCES. 

(a) RETENTION OF GRADE OF INCUMBENTS IN POSITIONS ON

EFFECTIVE DATE.— 

(1) IN GENERAL.—Section 502 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 

130 Stat. 2102) is amended by adding at the end the following 

new subsection: 

‘‘(tt) RETENTION OF GRADE OF INCUMBENTS IN POSITIONS ON

EFFECTIVE DATE.—The grade of service of an officer serving as 

of the date of the enactment of this Act in a position whose statutory 

grade is affected by an amendment made by this section may 

not be reduced after that date by reason of such amendment as 

long as the officer remains in continuous service in such position 

after that date.’’. 

(2) RETROACTIVE EFFECTIVE DATE.—The amendment made 

by paragraph (1) shall take effect as of December 23, 2016, 

and be treated as if included in the enactment of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328). 

(b) CLARIFYING AMENDMENT TO CHIEF OF VETERINARY CORPS

OF THE ARMY REPEAL.—Section 3084 of title 10, United States 

Code, is amended by striking the last sentence. 

SEC. 507. STANDARDIZATION OF AUTHORITIES IN CONNECTION WITH 

REPEAL OF STATUTORY SPECIFICATION OF GENERAL 

OFFICER GRADE FOR THE DEAN OF THE ACADEMIC BOARD 

OF THE UNITED STATES MILITARY ACADEMY AND THE 

DEAN OF THE FACULTY OF THE UNITED STATES AIR 

FORCE ACADEMY. 

(a) DEAN OF ACADEMIC BOARD OF MILITARY ACADEMY.—Section 

4335(c) of title 10, United States Code, is amended— 

(1) by striking the first and third sentences; and 

(2) in the remaining sentence, by striking ‘‘so appointed’’ 

and inserting ‘‘appointed as Dean of the Academic Board’’. 

10 USC 155a 

note. 

10 USC 155a 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1375 

(b) DEAN OF FACULTY OF AIR FORCE ACADEMY.—Section 9335(b) 

of title 10, United States Code, is amended by striking ‘‘so 

appointed’’ and inserting ‘‘appointed as Dean of the Faculty’’. 

SEC. 508. FLEXIBILITY IN PROMOTION OF OFFICERS TO POSITIONS 

OF STAFF JUDGE ADVOCATE TO THE COMMANDANT OF 

THE MARINE CORPS AND DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY OR AIR FORCE. 

(a) STAFF JUDGE ADVOCATE TO COMMANDANT OF THE MARINE

CORPS.—Section 5046(b) of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

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

‘‘(2) If the Secretary of the Navy elects to convene a selection 

board under section 611(a) of this title to consider eligible officers 

for selection to appointment as Staff Judge Advocate, the Secretary 

may, in connection with such consideration for selection— 

‘‘(A) treat any section in chapter 36 of this title referring 

to promotion to the next higher grade as if such section referred 

to promotion to a higher grade; and 

‘‘(B) waive section 619(a)(2) of this title if the Secretary 

determines that the needs of the Marine Corps require the 

waiver.’’. 

(b) DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 

5149(a) of title 10, United States Code, is amended by adding 

at the end the following new paragraph: 

‘‘(3) If the Secretary of the Navy elects to convene a selection 

board under section 611(a) of this title to consider eligible officers 

for selection to appointment as Deputy Judge Advocate General, 

the Secretary may, in connection with such consideration for selection— 

‘‘(A) treat any section in chapter 36 of this title referring 

to promotion to the next higher grade as if such section referred 

to promotion to a higher grade; and 

‘‘(B) waive section 619(a)(2) of this title if the Secretary 

determines that the needs of the Navy require the waiver.’’. 

(c) DEPUTY JUDGE ADVOCATE OF THE AIR FORCE.—Section 

8037(e) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

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

‘‘(2) If the Secretary of the Air Force elects to convene a selection 

board under section 611(a) of this title to consider eligible officers 

for selection to appointment as Deputy Judge Advocate General, 

the Secretary may, in connection with such consideration for selection— 

‘‘(A) treat any section in chapter 36 of this title referring 

to promotion to the next higher grade as if such section referred 

to promotion to a higher grade; and 

‘‘(B) waive section 619(a)(2) of this title if the Secretary 

determines that the needs of the Air Force require the waiver.’’. 

SEC. 509. GRANDFATHERING OF RETIRED GRADE OF ASSISTANT 

JUDGE ADVOCATES GENERAL OF THE NAVY AS OF REPEAL 

OF STATUTORY SPECIFICATION OF GENERAL AND FLAG 

OFFICERS GRADES IN THE ARMED FORCES. 

(a) IN GENERAL.—Notwithstanding the amendments made by 

section 502(gg)(2) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2105), an officer 

10 USC 5149 

note. 


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131 STAT. 1376 PUBLIC LAW 115–91—DEC. 12, 2017 

selected to hold a position specified in subsection (b) as of December 

23, 2016, may be retired after that date in the grade of rear 

admiral (lower half) or brigadier general, as applicable, with the 

retired pay of such grade (unless entitled to higher pay under 

another provision of law). 

(b) SPECIFIED POSITIONS.—Subsection (a) applies with respect 

to the Assistant Judge Advocates General of the Navy provided 

for by subsections (b) and (c) of section 5149 of title 10, United 

States Code. 

Subtitle B—Reserve Component 

Management 

SEC. 511. EQUAL TREATMENT OF ORDERS TO SERVE ON ACTIVE DUTY 

UNDER SECTIONS 12304A AND 12304B OF TITLE 10, UNITED 

STATES CODE. 

(a) ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR PREMOBILIZATION HEALTH CARE.—Section 1074(d)(2) of title 10, United 

States Code, is amended by striking ‘‘in support of a contingency 

operation under’’ and inserting ‘‘under section 12304b of this title 

or’’. 

(b) ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR TRANSITIONAL HEALTH CARE.—Section 1145(a)(2)(B) of title 10, United 

States Code, is amended by striking ‘‘in support of a contingency 

operation’’ and inserting ‘‘under section 12304b of this title or 

a provision of law referred to in section 101(a)(13)(B) of this title’’. 

SEC. 512. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR 

ADVANCED EDUCATION UPON ORIGINAL APPOINTMENT AS 

A COMMISSIONED OFFICER. 

(a) ORIGINAL APPOINTMENT AS A RESERVE OFFICER.—Section 

12207 of title 10, United States Code, is amended— 

(1) in subsection (a)(2), by inserting ‘‘or (e)’’ after ‘‘subsection (b)’’; 

(2) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; 

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

‘‘(e)(1) Under regulations prescribed by the Secretary of 

Defense, if the Secretary of a military department determines that 

the number of commissioned officers with cyberspace-related experience or advanced education in reserve active-status in an armed 

force under the jurisdiction of such Secretary is critically below 

the number needed, such Secretary may credit any person receiving 

an original appointment as a reserve commissioned officer with 

a period of constructive service for the following: 

‘‘(A) Special experience or training in a particular cyberspace-related field if such experience or training is directly 

related to the operational needs of the armed force concerned. 

‘‘(B) Any period of advanced education in a cyberspacerelated field beyond the baccalaureate degree level if such 

advanced education is directly related to the operational needs 

of the armed force concerned. 

‘‘(2) Constructive service credited an officer under this subsection shall not exceed one year for each year of special experience, 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1377 

training, or advanced education, and not more than three years 

total constructive service may be credited. 

‘‘(3) Constructive service credited an officer under this subsection is in addition to any service credited that officer under 

subsection (a) and shall be credited at the time of the original 

appointment of the officer. 

‘‘(4) The authority to award constructive service credit under 

this subsection expires on December 31, 2023.’’; and 

(4) in subsection (f), as redesignated by paragraph (2), 

by striking ‘‘or (d)’’ and inserting ‘‘, (d), or (e)’’. 

(b) EXTENSION OF AUTHORITY IN CONNECTION WITH ORIGINAL

APPOINTMENT OF REGULAR OFFICERS.—Section 533(g)(4) of title 10, 

United States Code, is amended by striking ‘‘December 31, 2018’’ 

and inserting ‘‘December 31, 2023’’. 

SEC. 513. CONSOLIDATION OF AUTHORITIES TO ORDER MEMBERS OF 

THE RESERVE COMPONENTS OF THE ARMED FORCES TO 

PERFORM DUTY. 

Section 515 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 810) is amended— 

(1) in the second sentence of subsection (b), by striking 

‘‘such legislation as would be necessary to amend titles 10, 

14, 32, and 37 of the United States Code and other provisions 

of law in order to implement the Secretary’s approach by 

October 1, 2018’’ and inserting ‘‘legislation implementing the 

alternate approach by April 30, 2019’’; and 

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

‘‘(c) ATTRIBUTES OF ALTERNATE APPROACH.—The Secretary of 

Defense shall ensure the alternate approach described in subsection 

(b)— 

‘‘(1) reduces the number of statutory authorities by which 

members of the reserve components of the Armed Forces may 

be ordered to perform duty to not more than 8 statutory authorities grouped into 4 duty categories to which specific pay and 

benefits may be aligned, which categories shall include— 

‘‘(A) one duty category that shall generally reflect active 

service performed in support of contingency type operations 

or other military actions in support of the commander 

of a combatant command; 

‘‘(B) a second duty category that shall— 

‘‘(i) generally reflect active service not described 

in subparagraph (A); and 

‘‘(ii) consist of training, administration, operational 

support, and full-time support of the reserve components; 

‘‘(C) a third duty category that shall— 

‘‘(i) generally reflect duty performed under direct 

military supervision while not in active service; and 

‘‘(ii) include duty characterized by partial-day 

service; and 

‘‘(D) a fourth duty category that shall— 

‘‘(i) generally reflect remote duty completed while 

not under direct military supervision; and 

‘‘(ii) include completion of correspondence courses 

and telework; 

‘‘(2) distinguishes among duty performed under titles 10, 

14, and 32, United States Code, and ensures that the reasons 


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131 STAT. 1378 PUBLIC LAW 115–91—DEC. 12, 2017 

the members of the reserve components are utilized under 

the statutory authorities which exist prior to the alternate 

approach are preserved and can be tracked as separate and 

distinct purposes; 

‘‘(3) minimizes, to the maximum extent practicable, disruptions in pay and benefits for members, and adheres to the 

principle that a member should receive pay and benefits 

commensurate with the nature and performance of the member’s duties; 

‘‘(4) ensures the Secretary has the flexibility to meet 

emerging requirements and to effectively manage the force; 

and 

‘‘(5) aligns Department of Defense programming and budgeting to the types of duty members perform.’’. 

SEC. 514. PILOT PROGRAM ON USE OF RETIRED SENIOR ENLISTED 

MEMBERS OF THE ARMY NATIONAL GUARD AS ARMY 

NATIONAL GUARD RECRUITERS. 

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of the Army 

may carry out a pilot program for the Army National Guard under 

which retired senior enlisted members of the Army National Guard 

would serve as contract recruiters for the Army National Guard. 

(b) OBJECTIVES OF PILOT PROGRAM.—The Secretary of the Army 

shall design any pilot program conducted under this section to 

determine the following: 

(1) The feasibility and effectiveness of hiring retired senior 

enlisted members of the Army National Guard who have retired 

within the previous two years to serve as recruiters. 

(2) The merits of hiring such retired senior enlisted members as contractors or as employees of the Department of 

Defense. 

(3) The best method of providing a competitive compensation package for such retired senior enlisted members. 

(4) The merits of requiring such retired senior enlisted 

members to wear a military uniform while performing 

recruiting duties under the pilot program. 

(c) CONSULTATION.—In developing a pilot program under this 

section, the Secretary of the Army shall consult with the operators 

of a previous pilot program carried out by the Army involving 

the use of contract recruiters. 

(d) COMMENCEMENT AND DURATION.—The Secretary of the 

Army may commence a pilot program under this section on or 

after January 1, 2018, and all activities under such a pilot program 

shall terminate no later than December 31, 2020. 

(e) FUNDING SOURCE.—If a pilot program is conducted under 

this section, the Secretary of the Army shall use funds otherwise 

available for the National Guard Bureau to carry out the program. 

(f) REPORTING REQUIREMENT.—If a pilot program is conducted 

under this section, the Secretary of the Army shall submit to 

the Committees on Armed Services of the House of Representatives 

and the Senate a report containing an evaluation of the success 

of the pilot program, including the determinations described in 

subsection (b). The report shall be submitted not later than January 

1, 2019. 

10 USC 3013 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1379 

Subtitle C—General Service Authorities 

PART I—MATTERS RELATING TO DISCHARGE 

AND CORRECTION OF MILITARY RECORDS 

SEC. 520. CONSIDERATION OF ADDITIONAL MEDICAL EVIDENCE BY 

BOARDS FOR THE CORRECTION OF MILITARY RECORDS 

AND LIBERAL CONSIDERATION OF EVIDENCE RELATING 

TO POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC 

BRAIN INJURY. 

(a) IN GENERAL.—Section 1552 of title 10, United States Code, 

is amended— 

(1) by redesignating subsections (h) and (i) as subsections 

(i) and (j), respectively; and 

(2) by inserting after subsection (g) the following new subsection (h): 

‘‘(h)(1) This subsection applies to a former member of the armed 

forces whose claim under this section for review of a discharge 

or dismissal is based in whole or in part on matters relating 

to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, and 

whose post-traumatic stress disorder or traumatic brain injury is 

related to combat or military sexual trauma, as determined by 

the Secretary concerned. 

‘‘(2) In the case of a claimant described in paragraph (1), 

a board established under subsection (a)(1) shall— 

‘‘(A) review medical evidence of the Secretary of Veterans 

Affairs or a civilian health care provider that is presented 

by the claimant; and 

‘‘(B) review the claim with liberal consideration to the 

claimant that post-traumatic stress disorder or traumatic brain 

injury potentially contributed to the circumstances resulting 

in the discharge or dismissal or to the original characterization 

of the claimant’s discharge or dismissal.’’. 

(b) CONFORMING AMENDMENT.—Section 1553(d)(3)(A)(ii) of title 

10, United States Code, is amended by striking ‘‘discharge of a 

lesser characterization’’ and inserting ‘‘discharge or dismissal or 

to the original characterization of the member’s discharge or dismissal’’. 

SEC. 521. PUBLIC AVAILABILITY OF INFORMATION RELATED TO DISPOSITION OF CLAIMS REGARDING DISCHARGE OR 

RELEASE OF MEMBERS OF THE ARMED FORCES WHEN THE 

CLAIMS INVOLVE SEXUAL ASSAULT. 

(a) BOARDS FOR THE CORRECTION OF MILITARY RECORDS.—Subsection (i) of section 1552 of title 10, United States Code, as redesignated by section 520(a)(1), is amended by adding at the end the 

following new paragraph: 

‘‘(4) The number and disposition of claims decided during 

the calendar quarter preceding the calendar quarter in which 

such information is made available in which sexual assault 

is alleged to have contributed, whether in whole or in part, 

to the original characterization of the discharge or release 

of the former member.’’. 


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131 STAT. 1380 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) DISCHARGE REVIEW BOARDS.—Section 1553(f) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(4) The number and disposition of claims decided during 

the calendar quarter preceding the calendar quarter in which 

such information is made available in which sexual assault 

is alleged to have contributed, whether in whole or in part, 

to the original characterization of the discharge or release 

of the former member.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) BOARDS FOR THE CORRECTION OF MILITARY RECORDS.— 

Subsection (i) of section 1552 of title 10, United States Code, 

as redesignated by section 520(a)(1) and amended by subsection 

(a), is further amended— 

(A) in paragraph (1), by striking ‘‘claimant’’ both places 

it appears and inserting ‘‘former member’’; 

(B) in paragraph (2), by striking ‘‘claimant’’ and 

inserting ‘‘former member’’; and 

(C) in paragraph (3), by striking ‘‘claimants’’ and 

inserting ‘‘former members’’. 

(2) DISCHARGE REVIEW BOARDS.—Section 1553(f)(2) of title 

10, United States Code, is amended by striking ‘‘claimant’’ 

and inserting ‘‘former member’’. 

SEC. 522. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS 

OF DISCHARGE OF MEMBERS WHO ARE VICTIMS OF SEXRELATED OFFENSES. 

(a) CODIFICATION OF CURRENT CONFIDENTIAL PROCESS.— 

(1) CODIFICATION.—Chapter 79 of title 10, United States 

Code, is amended by inserting after section 1554a a new section 

1554b consisting of— 

(A) a heading as follows: 

‘‘§ 1554b. Confidential review of characterization of terms 

of discharge of members of the armed forces who 

are victims of sex-related offenses’’; and 

(B) a text consisting of the text of section 547 of the 

National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 10 U.S.C. 1553 note). 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 79 of such title is amended by inserting 

after the item relating to section 1554a the following new 

item: 

‘‘1554b. Confidential review of characterization of terms of discharge of members of 

the armed forces who are victims of sex-related offenses.’’. 

(3) CONFORMING REPEAL.—Section 547 of the National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 

113–291; 10 U.S.C. 1553 note) is repealed. 

(b) CLARIFICATION OF APPLICABILITY TO INDIVIDUALS WHO

ALLEGE SEX-RELATED OFFENSES DURING MILITARY SERVICE.—Subsection (a) of section 1554b of title 10, United States Code, as 

added by subsection (a) of this section, is amended by striking 

‘‘sex-related offense’’ and inserting the following: ‘‘sex-related 

offense, or alleges that the individual was the victim of a sexrelated offense,’’. 

10 USC 1551 

prec. 

10 USC 1554b. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1381 

(c) CONFORMING AMENDMENTS.—Section 1554b of title 10, 

United States Code, as added by subsection (a), is further 

amended— 

(1) by striking ‘‘Armed Forces’’ each place it appears in 

subsections (a) and (b) and inserting ‘‘armed forces’’; 

(2) in subsection (a)— 

(A) by striking ‘‘boards for the correction of military 

records of the military department concerned’’ and inserting 

‘‘boards of the military department concerned established 

in accordance with this chapter’’; and 

(B) by striking ‘‘such an offense’’ and inserting ‘‘a sexrelated offense’’; 

(3) in subsection (b), striking ‘‘boards for the correction 

of military records’’ in the matter preceding paragraph (1) 

and inserting ‘‘boards of the military department concerned 

established in accordance with this chapter’’; and 

(4) in subsection (d)— 

(B) in paragraph (1), by striking ‘‘title 10, United States 

Code’’ and inserting ‘‘this title’’; and 

(C) in paragraphs (2) and (3), by striking ‘‘such title’’ 

and inserting ‘‘this title’’. 

SEC. 523. TRAINING REQUIREMENTS FOR MEMBERS OF BOARDS FOR 

THE CORRECTION OF MILITARY RECORDS AND PERSONNEL WHO INVESTIGATE CLAIMS OF RETALIATION. 

(a) MEMBERS OF BOARDS FOR THE CORRECTION OF MILITARY

RECORDS.—Section 534(c)(1) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1552 

note) is amended by adding at the end the following new sentence: 

‘‘This curriculum shall also address the proper handling of claims 

in which a sex-related offense is alleged to have contributed to 

the original characterization of the discharge or release of the 

claimant, including guidelines for the consideration of evidence 

substantiating such allegations in accordance with the requirements 

of section 1554b(b) of title 10, United States Code, as added by 

section 522 of the National Defense Authorization Act for Fiscal 

Year 2018.’’. 

(b) DEPARTMENT OF DEFENSE PERSONNEL WHO INVESTIGATE

CLAIMS OF RETALIATION.—Section 546(a) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328) is 

amended by striking ‘‘section.’’ and inserting ‘‘section, including 

guidelines for the consideration of evidence substantiating such 

allegations in accordance with the requirements of section 1554b(b) 

of title 10, United States Code, as added by section 522 of the 

National Defense Authorization Act for Fiscal Year 2018.’’. 

SEC. 524. PILOT PROGRAM ON USE OF VIDEO TELECONFERENCING 

TECHNOLOGY BY BOARDS FOR THE CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW BOARDS. 

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 

may carry out a pilot program under which boards for the correction 

of military records established under section 1552 of title 10, United 

States Code, and discharge review boards established under section 

1553 of such title are authorized to utilize, in the performance 

of their duties, video teleconferencing technology, to the extent 

such technology is reasonably available and technically feasible. 

10 USC 1552 

note. 

10 USC 1561 

note. 


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131 STAT. 1382 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) PURPOSE.—The purpose of the pilot program is to evaluate 

the feasibility and cost-effectiveness of utilizing video teleconferencing technology to allow persons who raise a claim before a 

board for the correction of military records, persons who request 

a review by a discharge review board, and witnesses who present 

evidence to such a board to appear before such a board without 

being physically present. 

(c) IMPLEMENTATION.—As part of the pilot program, the Secretary of Defense shall make funds available to develop the capabilities of boards for the correction of military records and discharge 

review boards to effectively use video teleconferencing technology. 

(d) NO EXPANSION OF ELIGIBILITY.—Nothing in the pilot program is intended to alter the eligibility criteria of persons who 

may raise a claim before a board for the correction of military 

records, request a review by a discharge review board, or present 

evidence to such a board. 

(e) TERMINATION.—The authority of the Secretary of Defense 

to carry out the pilot program shall terminate on December 31, 

2020. 

PART II—OTHER GENERAL SERVICE 

AUTHORITIES 

SEC. 526. MODIFICATION OF BASIS FOR EXTENSION OF PERIOD FOR 

ENLISTMENT IN THE ARMED FORCES UNDER THE 

DELAYED ENTRY PROGRAM. 

Section 513(b) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (4) and, 

in such paragraph, by striking ‘‘paragraph (1)’’ and inserting 

‘‘this subsection’’; 

(2) by designating the second sentence of paragraph (1) 

as paragraph (2) and indenting the left margin of such paragraph (2) two ems to the right; 

(3) in paragraph (2), as so designated, by inserting 

‘‘described in paragraph (1)’’ after ‘‘the 365-day period’’; and 

(4) by inserting after paragraph (2), as so designated, the 

following new paragraph (3): 

‘‘(3)(A) The Secretary concerned may extend by up to an additional 365 days the period of extension under paragraph (2) for 

a person who enlisted before October 1, 2017, under section 504(b)(2) 

of this title if the Secretary determines that the period of extension 

under this paragraph is required for the performance of adequate 

background and security reviews of that person. 

‘‘(B) A person whose period of extension under paragraph (2) 

is extended under this paragraph shall undergo all security and 

suitability screening requirements and receive a favorable military 

security suitability determination before entering into service in 

a regular or reserve component. Screening priority shall be given 

to those persons who were enlisted for a military occupational 

specialty that requires specialized language or medical skills that 

are vital to the national interest. 

‘‘(C) The authority to make an extension under this paragraph 

shall expire one year after the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2018. The expiration 

of such authority shall not effect the validity of any extension 

made in accordance with this paragraph on or before that date.’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1383 

SEC. 527. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED 

MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS. 

Section 688a(f) of title 10, United States Code, is amended 

by striking ‘‘after December 31, 2011.’’ and inserting ‘‘outside a 

period as follows: 

‘‘(1) The period beginning on December 2, 2002, and ending 

on December 31, 2011. 

‘‘(2) The period beginning on the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2018 

and ending on December 31, 2022.’’. 

SEC. 528. NOTIFICATION OF MEMBERS OF THE ARMED FORCES UNDERGOING CERTAIN ADMINISTRATIVE SEPARATIONS OF 

POTENTIAL ELIGIBILITY FOR VETERANS BENEFITS. 

(a) NOTIFICATION REQUIRED.—A member of the Armed Forces 

who receives an administrative separation or mandatory discharge 

under conditions other than honorable shall be provided written 

notification that the member may petition the Veterans Benefits 

Administration of the Department of Veterans Affairs to receive, 

despite the characterization of the member’s service, certain benefits 

under the laws administered by the Secretary of Veterans Affairs. 

(b) DEADLINE FOR NOTIFICATION.—Notification under subsection 

(a) shall be provided to a member described in such subsection 

in conjunction with the member’s notification of the administrative 

separation or mandatory discharge or as soon thereafter as practicable. 

SEC. 529. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS TO PROVIDE FOR THE CONDUCT OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS. 

Section 704(c) of the Veterans Benefits Act of 2003 (Public 

Law 108–183; 38 U.S.C. 5101 note) is amended by striking 

‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’. 

SEC. 530. PROVISION OF INFORMATION ON NATURALIZATION 

THROUGH MILITARY SERVICE. 

The Secretary of Defense shall ensure that members of the 

Army, Navy, Air Force, and Marine Corps who are aliens lawfully 

admitted to the United States for permanent residence are informed 

of the availability of naturalization through service in the Armed 

Forces under section 328 of the Immigration and Nationality Act 

(8 U.S.C. 1439) and the process by which to pursue naturalization. 

The Secretary shall ensure that resources are available to assist 

qualified members of the Armed Forces to navigate the application 

and naturalization process. 

10 USC 1781 

note. 

10 USC 1142 

note. 


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131 STAT. 1384 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle D—Military Justice and Other 

Legal Issues 

SEC. 531. CLARIFYING AMENDMENTS RELATED TO THE UNIFORM 

CODE OF MILITARY JUSTICE REFORM BY THE MILITARY 

JUSTICE ACT OF 2016. 

(a) ENFORCEMENT OF RIGHTS OF VICTIMS OF OFFENSES UNDER

UCMJ.—Section 806b(e)(3) of title 10, United States Code (article 

6b(e)(3) of the Uniform Code of Military Justice), is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

(2) by striking ‘‘President, and, to the extent practicable, 

shall have priority over all other proceedings before the court.’’ 

and inserting the following; ‘‘President, subject to section 830a 

of this title (article 30a).’’; and 

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

‘‘(B) To the extent practicable, a petition for a writ of mandamus 

described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals. 

‘‘(C) Review of any decision of the Court of Criminal Appeals 

on a petition for a writ of mandamus described in this subsection 

shall have priority in the Court of Appeals for the Armed Forces, 

as determined under the rules of the Court of Appeals for the 

Armed Forces.’’. 

(b) REVIEW OF CERTAIN MATTERS BEFORE REFERRAL OF

CHARGES AND SPECIFICATIONS.—Subsection (a)(1) of section 830a 

of title 10, United States Code (article 30a of the Uniform Code 

of Military Justice), as added by section 5202 of the Military Justice 

Act of 2016 (division E of Public Law 114–328; 130 Stat. 2904), 

is amended— 

(1) in the matter preceding subparagraph (A), by inserting 

‘‘, or otherwise act on,’’ after ‘‘to review’’; and 

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

‘‘(D) Pre-referral matters under subsection (c) or (e) of 

section 806b of this title (article 6b).’’. 

(c) DEFENSE COUNSEL ASSISTANCE IN POST-TRIAL MATTERS FOR

ACCUSED CONVICTED BY COURT-MARTIAL.—Section 838(c)(2) of title 

10, United States Code (article 38(c)(2) of the Uniform Code of 

Military Justice), is amended by striking ‘‘section 860 of this title 

(article 60)’’ and inserting ‘‘section 860, 860a, or 860b of this title 

(article 60, 60a, or 60b)’’. 

(d) LIMITATION ON ACCEPTANCE OF PLEA AGREEMENTS.—Section 

853a of title 10, United States Code (article 53a of the Uniform 

Code of Military Justice), as added by section 5237 of the Military 

Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 

2917), is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘or’’ after the semicolon; 

(B) in paragraph (3), by striking the period and 

inserting a semicolon; and 

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

‘‘(4) is prohibited by law; or 

‘‘(5) is contrary to, or is inconsistent with, a regulation 

prescribed by the President with respect to terms, conditions, 

or other aspects of plea agreements.’’; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1385 

(2) in subsection (d), by striking ‘‘shall bind the parties 

and the military judge’’ and inserting ‘‘shall bind the parties 

and the court-martial’’. 

(e) APPLICABILITY OF STANDARDS AND PROCEDURES TO SEN- TENCE APPEAL BY THE UNITED STATES.—Subsection (d)(1) of section 

856 of title 10, United States Code (article 56 of the Uniform 

Code of Military Justice), as added by section 5301 of the Military 

Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 

2919), is amended— 

(1) in the matter preceding subparagraph (A), by inserting 

after ‘‘concerned,’’ the following: ‘‘and consistent with standards 

and procedures set forth in regulations prescribed by the President,’’; and 

(2) in subparagraph (B), by inserting before the period 

at the end the following: ‘‘, as determined in accordance with 

standards and procedures prescribed by the President’’. 

(f) SENTENCE OF REDUCTION IN ENLISTED GRADE.— 

(1) IN GENERAL.—Subsection (a) of section 858a of title 

10, United States Code (article 58a of the Uniform Code of 

Military Justice), as amended by section 5303(1) of the Military 

Justice Act of 2016 (division E of Public Law 114–328; 130 

Stat. 2923), is further amended in the matter after paragraph 

(3) by striking ‘‘, effective on the date’’ and inserting the following: ‘‘, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall 

take effect on the date’’. 

(2) SECTION HEADING.—The heading of section 858a of title 

10, United States Code (article 58a of the Uniform Code of 

Military Justice), is amended to read as follows: 

‘‘§ 858a. Art. 58a. Sentences: reduction in enlisted grade’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter VIII of chapter 47 of title 10, United 

States Code (the Uniform Code of Military Justice), is amended 

by striking the item relating to section 858a (article 58a) and 

inserting the following new item: 

‘‘858a. 58a. Sentences: reduction in enlisted grade.’’. 

(g) CONVENING AUTHORITY AUTHORITIES.—Section 858b(b) of 

title 10, United States Code (article 58b(b) of the Uniform Code 

of Military Justice), is amended in the first sentence by striking 

‘‘section 860 of this title (article 60)’’ and inserting ‘‘section 860a 

or 860b of this title (article 60a or 60b)’’. 

(h) APPEAL BY THE UNITED STATES.—Section 862(b) of title 

10, United States Code (article 62(b) of the Uniform Code of Military 

Justice), is amended by striking ‘‘, notwithstanding section 866(c) 

of this title (article 66(c))’’. 

(i) REHEARING AND SENTENCING.—Subsection (b) of section 863 

of title 10, United States Code (article 63 of the Uniform Code 

of Military Justice), as added by section 5327 of the Military Justice 

Act of 2016 (division E of Public Law 114–328; 130 Stat. 2929), 

is amended by inserting before the period at the end the following: 

‘‘, subject to such limitations as the President may prescribe by 

regulation’’. 

(j) COURTS OF CRIMINAL APPEALS.—Section 866 of title 10, 

United States Code (article 66 of the Uniform Code of Military 

Justice), as amended by section 5330 of the Military Justice Act 

10 USC 855 prec. 


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131 STAT. 1386 PUBLIC LAW 115–91—DEC. 12, 2017 

of 2016 (division E of Public Law 114–328; 130 Stat. 2932), is 

further amended— 

(1) in subsection (e)(2)(C), by inserting after ‘‘required’’ 

the following: ‘‘by regulation prescribed by the President or’’; 

and 

(2) in subsection (f)(3)— 

(A) by inserting ‘‘of Criminal Appeals’’ after ‘‘Court’’ 

the first time it appears; and 

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

‘‘If the Court of Appeals for the Armed Forces determines 

that additional proceedings are warranted, the Court of 

Criminal Appeals shall order a hearing or other proceeding 

in accordance with the direction of the Court of Appeals 

for the Armed Forces.’’. 

(k) MILITARY JUSTICE REVIEW PANEL.—Subsection (f) of section 

946 of title 10, United States Code (article 146 of the Uniform 

Code of Military Justice), as added by section 5521 of the Military 

Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 

2962), is amended— 

(1) in paragraph (1), by striking ‘‘fiscal year 2020’’ in the 

first sentence and inserting ‘‘fiscal year 2021’’; 

(2) in paragraph (2), by striking the sentence beginning 

‘‘Not later than’’ and inserting the following new sentence: 

‘‘The analysis under this paragraph shall be included in the 

assessment required by paragraph (1).’’; and 

(3) by striking paragraph (5) and inserting the following 

new paragraph (5): 

‘‘(5) REPORTS.—With respect to each review and assessment 

under this subsection, the Panel shall submit a report to the 

Committees on Armed Services of the Senate and the House 

of Representatives. Each report— 

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

‘‘(B) shall be submitted not later than December 31 

of the calendar year in which the review and assessment 

is concluded.’’. 

(l) TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS

SEPARATED FOR DEPENDENT ABUSE.—Section 1059(e) of title 10, 

United States Code, is amended— 

(1) in paragraph (1)(A)(ii), by striking ‘‘the approval of’’ 

and all that follows through ‘‘as approved,’’ and inserting ‘‘entry 

of judgment under section 860c of this title (article 60c of 

the Uniform Code of Military Justice) if the sentence’’; and 

(2) in paragraph (3)(A), by striking ‘‘by a court-martial’’ 

the second place it appears and all that follows through ‘‘include 

any such punishment,’’ and inserting ‘‘for a dependent-abuse 

offense and the conviction is disapproved or is otherwise not 

part of the judgment under section 860c of this title (article 

60c of the Uniform Code of Military Justice) or the punishment 

is disapproved or is otherwise not part of the judgment under 

such section (article),’’. 

(m) BENEFITS FOR DEPENDENTS WHO ARE VICTIMS OF ABUSE

BY MEMBERS LOSING RIGHT TO RETIRED PAY.—Section 

1408(h)(10)(A) of title 10, United States Code, is amended by 

striking ‘‘the approval’’ and all that follows through the end of 

the subparagraph and inserting ‘‘entry of judgment under section 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1387 

860c of this title (article 60c of the Uniform Code of Military 

Justice).’’. 

(n) TREATMENT OF CERTAIN OFFENSES PENDING EXECUTION

OF MILITARY JUSTICE ACT OF 2016 AMENDMENTS.— 

(1) APPLICABILITY TO CERTAIN CASES.—Section 5542(c)(1) 

of the Military Justice Act of 2016 (division E of Public Law 

114–328; 130 Stat. 2967) is amended by inserting after ‘‘shall 

apply to a case in which’’ the following: ‘‘a specification alleges 

the commission, before the effective date of such amendments, 

of one or more offenses or to a case in which’’. 

(2) CHILD ABUSE OFFENSES.—With respect to offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E 

of Public Law 114–328; 130 Stat. 2967), subsection (b)(2)(B) 

of section 843 of title 10, United States Code (article 43 of 

the Uniform Code of Military Justice), shall be applied as 

in effect on December 22, 2016. 

(3) FRAUDULENT ENLISTMENT OR APPOINTMENT OFFENSES.— 

With respect to the period beginning on December 23, 2016, 

and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 

(division E of Public Law 114–328; 130 Stat. 2967), in the 

application of subsection (h) of section 843 of title 10, United 

States Code (article 43 of the Uniform Code of Military Justice), 

as added by section 5225(b) of that Act (130 Stat. 2909), the 

reference in such subsection (h) to section 904a(1) of title 10, 

United States Code (article 104a(1) of the Uniform Code of 

Military Justice), shall be deemed to be a reference to section 

883(1) of title 10, United States Code (article 83(1) of the 

Uniform Code of Military Justice). 

(o) SENTENCING IN CERTAIN TRANSITIONAL CASES.— 

(1) IN GENERAL.—In any transition-period court-martial, 

the relevant sentencing sections of chapter 47 of title 10, United 

States Code (the Uniform Code of Military Justice), shall be 

applied as follows: 

(A) Except as provided in subparagraph (B), the relevant sentencing sections shall be applied as if the amendments to such sections made by the Military Justice Act 

of 2016 (division E of Public Law 114–328) and this section 

had not been enacted. 

(B) If the accused so requests, the relevant sentencing 

sections shall be applied as amended by the Military Justice 

Act of 2016 (division E of Public Law 114–328) and this 

section. 

(2) DEFINITIONS.—In this subsection: 

(A) TRANSITION-PERIOD COURT-MARTIAL.—The term 

‘‘transition-period court-martial’’ means a court-martial 

under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that consists of both of 

the following: 

(i) A prosecution of one or more offenses committed 

before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division 

E of Public Law 114–328; 130 Stat. 2967). 

(ii) A prosecution of one or more offenses committed on or after that date. 

10 USC 801 note. 

10 USC 843 note. 

10 USC 843 note. 

10 USC 801 note. 


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131 STAT. 1388 PUBLIC LAW 115–91—DEC. 12, 2017 

(B) RELEVANT SENTENCING SECTIONS.—The term ‘‘relevant sentencing sections’’ means section 856 of title 10, 

United States Code (article 56 of the Uniform Code of 

Military Justice), and any other sections (articles) of 

chapter 47 of title 10, United States Code (the Uniform 

Code of Military Justice), that, by regulation prescribed 

by the President, are designated as relevant to sentencing 

for the purposes of paragraph (1). 

(p) EFFECTIVE DATE.—The amendments made by this section 

shall take effect immediately after the amendments made by the 

Military Justice Act of 2016 (division E of Public Law 114–328) 

take effect as provided for in section 5542 of that Act (130 Stat. 

2967). 

SEC. 532. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE 

IN COURTS-MARTIAL AND RELATED MATTERS. 

(a) ADDITIONAL ELEMENT IN PROGRAM FOR EFFECTIVE PROSECUTION AND DEFENSE.—Section 542(a)(1) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 

U.S.C. 827 note) is amended by inserting before the semicolon 

the following: ‘‘or there is adequate supervision and oversight of 

trial counsel and defense counsel so detailed to ensure effective 

prosecution and defense in the court-martial’’. 

(b) USE OF CIVILIAN EMPLOYEES TO ADVISE LESS EXPERIENCED

JUDGE ADVOCATES IN PROSECUTION AND DEFENSE.—Section 542 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 10 U.S.C. 827 note) is further amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; and 

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

‘‘(c) USE OF CIVILIAN EMPLOYEES TO ADVISE LESS EXPERIENCED

JUDGE ADVOCATES IN PROSECUTION AND DEFENSE.—The Secretary 

concerned may use highly qualified experts and other civilian 

employees who are under the jurisdiction of the Secretary concerned, are available, and are experienced in the prosecution or 

defense of complex criminal cases to provide assistance to, and 

consult with, less experienced judge advocates throughout the courtmartial process.’’. 

(c) PILOT PROGRAMS ON PROFESSIONAL DEVELOPMENTAL

PROCESS FOR JUDGE ADVOCATES.—Subsection (d) of section 542 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 10 U.S.C. 827 note), as redesignated by 

subsection (b)(1) of this section, is amended— 

(1) in paragraph (1), by striking ‘‘establishing’’ and all 

that follows and inserting ‘‘a military justice career track for 

judge advocates under the jurisdiction of the Secretary.’’; 

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

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

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

‘‘(A) A military justice career track for judge advocates 

that leads to judge advocates with military justice expertise 

in the grade of colonel, or in the grade of captain in the 

case of judge advocates of the Navy. 

10 USC 801 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1389 

‘‘(B) The use of skill identifiers to identify judge advocates for participation in the pilot program from among 

judge advocates having appropriate skill and experience 

in military justice matters. 

‘‘(C) Guidance for promotion boards considering the 

selection for promotion of officers participating in the pilot 

program in order to ensure that judge advocates who are 

participating in the pilot program have the same opportunity for promotion as all other judge advocate officers 

being considered for promotion by such boards. 

‘‘(D) Such other matters as the Secretary concerned 

considers appropriate.’’. 

SEC. 533. PUNITIVE ARTICLE UNDER THE UNIFORM CODE OF MILITARY JUSTICE ON WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES OR VISUAL IMAGES 

OF SEXUALLY EXPLICIT CONDUCT. 

(a) PROHIBITION.—Subchapter X of chapter 47 of title 10, United 

States Code, is amended by inserting after section 917 (article 

117 of the Uniform Code of Military Justice) the following new 

section (article): 

‘‘§ 917a. Art. 117a. Wrongful broadcast or distribution of 

intimate visual images 

‘‘(a) PROHIBITION.—Any person subject to this chapter— 

‘‘(1) who knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual 

image of sexually explicit conduct involving a person who— 

‘‘(A) is at least 18 years of age at the time the intimate 

visual image or visual image of sexually explicit conduct 

was created; 

‘‘(B) is identifiable from the intimate visual image or 

visual image of sexually explicit conduct itself, or from 

information displayed in connection with the intimate 

visual image or visual image of sexually explicit conduct; 

and 

‘‘(C) does not explicitly consent to the broadcast or 

distribution of the intimate visual image or visual image 

of sexually explicit conduct; 

‘‘(2) who knows or reasonably should have known that 

the intimate visual image or visual image of sexually explicit 

conduct was made under circumstances in which the person 

depicted in the intimate visual image or visual image of sexually 

explicit conduct retained a reasonable expectation of privacy 

regarding any broadcast or distribution of the intimate visual 

image or visual image of sexually explicit conduct; 

‘‘(3) who knows or reasonably should have known that 

the broadcast or distribution of the intimate visual image or 

visual image of sexually explicit conduct is likely— 

‘‘(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted 

in the intimate visual image or visual image of sexually 

explicit conduct; or 

‘‘(B) to harm substantially the depicted person with 

respect to that person’s health, safety, business, calling, 

career, financial condition, reputation, or personal relationships; and 

10 USC 917a. 


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131 STAT. 1390 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(4) whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or 

military environment, 

is guilty of wrongful distribution of intimate visual images or visual 

images of sexually explicit conduct and shall be punished as a 

court-martial may direct. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) BROADCAST.—The term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed 

by a person or persons. 

‘‘(2) DISTRIBUTE.—The term ‘distribute’ means to deliver 

to the actual or constructive possession of another person, 

including transmission by mail or electronic means. 

‘‘(3) INTIMATE VISUAL IMAGE.—The term ‘intimate visual 

image’ means a visual image that depicts a private area of 

a person. 

‘‘(4) PRIVATE AREA.—The term ‘private area’ means the 

naked or underwear-clad genitalia, anus, buttocks, or female 

areola or nipple. 

‘‘(5) REASONABLE EXPECTATION OF PRIVACY.—The term 

‘reasonable expectation of privacy’ means circumstances in 

which a reasonable person would believe that a private area 

of the person, or sexually explicit conduct involving the person, 

would not be visible to the public. 

‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term ‘sexually 

explicit conduct’ means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, 

bestiality, masturbation, or sadistic or masochistic abuse. 

‘‘(7) VISUAL IMAGE.—The term ‘visual image’ means the 

following: 

‘‘(A) Any developed or undeveloped photograph, picture, 

film, or video. 

‘‘(B) Any digital or computer image, picture, film, or 

video made by any means, including those transmitted 

by any means, including streaming media, even if not 

stored in a permanent format. 

‘‘(C) Any digital or electronic data capable of conversion 

into a visual image.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code 

(the Uniform Code of Military Justice), is amended by inserting 

after the item relating to section 917 (article 117) the following 

new item: 

‘‘917a. 117a. Wrongful broadcast or distribution of intimate visual images.’’. 

SEC. 534. GARNISHMENT TO SATISFY JUDGMENT RENDERED FOR 

PHYSICALLY, SEXUALLY, OR EMOTIONALLY ABUSING A 

CHILD. 

(a) GARNISHMENT AUTHORITY.—Section 1408 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(l) GARNISHMENT TO SATISFY A JUDGMENT RENDERED FOR

PHYSICALLY, SEXUALLY, OR EMOTIONALLY ABUSING A CHILD.—(1) 

Subject to paragraph (2), any payment of retired pay that would 

otherwise be made to a member shall be paid (in whole or in 

part) by the Secretary concerned to another person if and to the 

10 USC 877 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1391 

extent expressly provided for in the terms of a child abuse garnishment order. 

‘‘(2) A court order providing for the payment of child support 

or alimony or, with respect to a division of property, specifically 

providing for the payment of an amount of the disposable retired 

pay from a member to the spouse or a former spouse of the member, 

shall be given priority over a child abuse garnishment order. The 

total amount of the disposable retired pay of a member payable 

under a child abuse garnishment order shall not exceed 25 percent 

of the member’s disposable retired pay. 

‘‘(3) In this subsection, the term ‘court order’ includes a child 

abuse garnishment order. 

‘‘(4) In this subsection, the term ‘child abuse garnishment order’ 

means a final decree issued by a court that— 

‘‘(A) is issued in accordance with the laws of the jurisdiction 

of that court; and 

‘‘(B) provides in the nature of garnishment for the enforcement of a judgment rendered against the member for physically, 

sexually, or emotionally abusing a child. 

‘‘(5) For purposes of this subsection, a judgment rendered for 

physically, sexually, or emotionally abusing a child is any legal 

claim perfected through a final enforceable judgment, which claim 

is based in whole or in part upon the physical, sexual, or emotional 

abuse of an individual under 18 years of age, whether or not 

that abuse is accompanied by other actionable wrongdoing, such 

as sexual exploitation or gross negligence. 

‘‘(6) If the Secretary concerned is served with more than one 

court order with respect to the retired pay of a member, the disposable retired pay of the member shall be available to satisfy such 

court orders on a first-come, first-served basis, subject to the order 

of precedence specified in paragraph (2), with any such process 

being satisfied out of such monies as remain after the satisfaction 

of all such processes which have been previously served. 

‘‘(7) The Secretary concerned shall not be required to vary 

normal pay and disbursement cycles for retired pay in order to 

comply with a child abuse garnishment order.’’. 

(b) APPLICATION OF AMENDMENT.—Subsection (l) of section 1408 

of title 10, United States Code, as added by subsection (a), shall 

apply with respect to a court order received by the Secretary concerned on or after the date of the enactment of this Act, regardless 

of the date of the court order. 

SEC. 535. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING 

FOR ALL INDIVIDUALS ENLISTED IN THE ARMED FORCES 

UNDER A DELAYED ENTRY PROGRAM. 

(a) TRAINING REQUIRED.—Commencing not later than 180 days 

after the date of the enactment of this Act, each Secretary concerned 

shall, insofar as practicable, provide training on sexual assault 

prevention and response to each individual under the jurisdiction 

of such Secretary who is enlisted in the Armed Forces under a 

delayed entry program such that each such individual completes 

such training before the date of commencement of basic training 

or initial active duty for training in the Armed Forces. 

(b) TRAINING ELEMENTS.—The training provided pursuant to 

subsection (a)— 

(1) shall, to the extent practicable, be uniform across the 

Armed Forces; 

10 USC 1561 

note. 

10 USC 1408 

note. 


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131 STAT. 1392 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) should be provided through in-person instruction, whenever possible; 

(3) should include instruction on the proper use of social 

media; and 

(4) shall meet such other requirements as the Secretary 

of Defense may establish. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘delayed entry program’’ means the following: 

(A) The Future Soldiers Program of the Army. 

(B) The Delayed Entry Program of the Navy and the 

Marine Corps. 

(C) The program of the Air Force for the delayed entry 

of enlistees into the Air Force. 

(D) The program of the Coast Guard for the delayed 

entry of enlistees into the Coast Guard. 

(E) Any successor program to a program referred to 

in subparagraphs (A) through (D). 

(2) The term ‘‘Secretary concerned’’ has the meaning given 

that term in section 101(a)(9) of title 10, United States Code. 

SEC. 536. SPECIAL VICTIMS’ COUNSEL TRAINING REGARDING THE 

UNIQUE CHALLENGES OFTEN FACED BY MALE VICTIMS 

OF SEXUAL ASSAULT. 

The baseline Special Victims’ Counsel training established 

under section 1044e(d)(2) of title 10, United States Code, shall 

include training for Special Victims’ Counsel to recognize and deal 

with the unique challenges often faced by male victims of sexual 

assault. 

SEC. 537. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS 

REGARDING MILITARY SEXUAL HARASSMENT AND 

INCIDENTS INVOLVING NONCONSENSUAL DISTRIBUTION 

OF PRIVATE SEXUAL IMAGES. 

(a) ADDITIONAL REPORTING REQUIREMENTS.—Section 1631(b) of 

the Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by 

adding at the end the following new paragraphs: 

‘‘(13) Information and data collected through formal and 

informal reports of sexual harassment involving members of 

the Armed Forces during the year covered by the report, as 

follows: 

‘‘(A) The number of substantiated and unsubstantiated 

reports. 

‘‘(B) A synopsis of each substantiated report. 

‘‘(C) The action taken in the case of each substantiated 

report, including the type of disciplinary or administrative 

sanction imposed, if any, such as— 

‘‘(i) conviction and sentence by court-martial; 

‘‘(ii) imposition of non-judicial punishment under 

section 815 of title 10, United States Code (article 

15 of the Uniform Code of Military Justice); or 

‘‘(iii) administrative separation or other type of 

administrative action imposed. 

‘‘(14) Information and data collected during the year covered by the report on each reported incident involving the 

nonconsensual distribution by a person subject to chapter 47 

of title 10, United States Code (the Uniform Code of Military 

10 USC 1044e 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1393 

Justice), of a private sexual image of another person, including 

the following: 

‘‘(A) The number of substantiated and unsubstantiated 

reports. 

‘‘(B) A synopsis of each substantiated report. 

‘‘(C) The action taken in the case of each substantiated 

report, including the type of disciplinary or administrative 

sanction imposed, if any, such as— 

‘‘(i) conviction and sentence by court-martial; 

‘‘(ii) imposition of non-judicial punishment under 

section 815 of title 10, United States Code (article 

15 of the Uniform Code of Military Justice); or 

‘‘(iii) administrative separation or other type of 

administrative action imposed.’’. 

(b) APPLICATION OF AMENDMENT.—The amendment made by 

this section shall take effect on the date of the enactment of this 

Act and apply beginning with the reports required to be submitted 

by March 1, 2020, under section 1631 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 10 U.S.C. 1561 note). 

SEC. 538. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS 

REGARDING SEXUAL ASSAULTS COMMITTED BY A MEMBER 

OF THE ARMED FORCES AGAINST THE MEMBER’S SPOUSE 

OR OTHER FAMILY MEMBER. 

Beginning with the reports required to be submitted by March 

1, 2019, under section 1631 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 

U.S.C. 1561 note), information regarding a sexual assault committed 

by a member of the Armed Forces against the spouse or intimate 

partner of the member or another dependent of the member shall 

be included in such reports in addition to the annual Family 

Advocacy Program report. The information may be included as 

an annex to such reports. 

Subtitle E—Member Education, Training, 

Resilience, and Transition 

SEC. 541. ELEMENT IN PRESEPARATION COUNSELING FOR MEMBERS 

OF THE ARMED FORCES ON ASSISTANCE AND SUPPORT 

SERVICES FOR CAREGIVERS OF CERTAIN VETERANS 

THROUGH THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Section 1142(b) of title 10, United States 

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

‘‘(18) A description, developed in consultation with the Secretary of Veterans Affairs, of the assistance and support services for family caregivers of eligible veterans under the program 

conducted by the Secretary of Veterans Affairs pursuant to 

section 1720G of title 38, including the veterans covered by 

the program, the caregivers eligible for assistance and support 

through the program, and the assistance and support available 

through the program.’’. 

(b) PARTICIPATION OF POTENTIAL CAREGIVERS IN APPROPRIATE

PRESEPARATION COUNSELING.— 

10 USC 1142 

note. 

10 USC 1561 

note. 

10 USC 1561 

note. 


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131 STAT. 1394 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) IN GENERAL.—In accordance with procedures established 

by the Secretary of Defense, each Secretary of a military department shall take appropriate actions to achieve the following: 

(A) To determine whether each member of the Armed 

Forces under the jurisdiction of such Secretary who is 

undergoing preseparation counseling pursuant to section 

1142 of title 10, United States Code (as amended by subsection (a)), and who may require caregiver services after 

separation from the Armed Forces has identified an individual to provide such services after the member’s separation. 

(B) In the case of a member described in subparagraph 

(A) who has identified an individual to provide caregiver 

services after the member’s separation, at the election of 

the member, to permit such individual to participate in 

appropriate sessions of the member’s preseparation counseling in order to inform such individual of— 

(i) the assistance and support services available 

to caregivers of members after separation from the 

Armed Forces; and 

(ii) the manner in which the member’s transition 

to civilian life after separation may likely affect such 

individual as a caregiver. 

(2) CAREGIVERS.—For purposes of this subsection, individuals who provide caregiver services refers to individuals 

(including a spouse, partner, parent, sibling, adult child, other 

relative, or friend) who provide physical or emotional assistance 

to former members of the Armed Forces during and after their 

transition from military life to civilian life following separation 

from the Armed Forces. 

(3) DEADLINE FOR COMMENCEMENT.—Each Secretary of a 

miliary department shall commence the actions required pursuant to this subsection by not later than 180 days after the 

date of the enactment of this Act. 

SEC. 542. IMPROVED EMPLOYMENT ASSISTANCE FOR MEMBERS OF 

THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS AND 

VETERANS. 

(a) IMPROVED EMPLOYMENT SKILLS VERIFICATION.—Section 

1143(a) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’; 

and 

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

‘‘(2) In order to improve the accuracy and completeness of 

a certification or verification of job skills and experience required 

by paragraph (1), the Secretary of Defense shall— 

‘‘(A) establish a database to record all training performed 

by members of the Army, Navy, Air Force, and Marine Corps 

that may have application to employment in the civilian sector; 

and 

‘‘(B) make unclassified information regarding such information available to States and other potential employers referred 

to in subsection (c) so that State and other entities may allow 

military training to satisfy licensing or certification requirements to engage in a civilian profession.’’. 

(b) IMPROVED ACCURACY OF CERTIFICATES OF TRAINING AND

SKILLS.—Section 1143(a) of title 10, United States Code, is further 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1395 

amended by inserting after paragraph (2), as added by subsection 

(a), the following new paragraph: 

‘‘(3) The Secretary of Defense shall ensure that a certification 

or verification of job skills and experience required by paragraph 

(1) is rendered in such a way that States and other potential 

employers can confirm the accuracy and authenticity of the certification or verification.’’. 

(c) IMPROVED RESPONSIVENESS TO CERTIFICATION REQUESTS.— 

Section 1143(c) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘For the purpose’’; and 

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

‘‘(2)(A) A State may— 

‘‘(i) use a certification or verification of job skills and experience provided to a member of the armed forces under subsection 

(a); and 

‘‘(ii) in the case of members of the Army, Navy, Air Force, 

and Marine Corps, request the Department of Defense to confirm the accuracy and authenticity of the certification or 

verification. 

‘‘(B) A response confirming or denying the information shall 

be provided within five business days.’’. 

(d) IMPROVED NOTICE TO MEMBERS.—Section 1142(b)(4)(A) of 

title 10, United States Code, is amended by inserting before the 

semicolon the following: ‘‘, including State-submitted and approved 

lists of military training and skills that satisfy occupational certifications and licenses’’. 

SEC. 543. LIMITATION ON RELEASE OF MILITARY SERVICE ACADEMY 

GRADUATES TO PARTICIPATE IN PROFESSIONAL ATHLETICS. 

(a) UNITED STATES MILITARY ACADEMY.—Section 4348(a) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(5) That the cadet— 

‘‘(A) will not seek release from the cadet’s commissioned service obligation to obtain employment as a professional athlete following graduation until the cadet completes a period of at least two consecutive years of commissioned service; and 

‘‘(B) understands that the appointment alternative 

described in paragraph (3) will not be used to allow the 

cadet to obtain such employment until at least the end 

of that two-year period.’’. 

(b) UNITED STATES NAVAL ACADEMY.—Section 6959(a) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(5) That the midshipman— 

‘‘(A) will not seek release from the midshipman’s 

commissioned service obligation to obtain employment as 

a professional athlete following graduation until the midshipman completes a period of at least two consecutive 

years of commissioned service; and 

‘‘(B) understands that the appointment alternative 

described in paragraph (3) will not be used to allow the 

midshipman to obtain such employment until at least the 

end of that two-year period.’’. 


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131 STAT. 1396 PUBLIC LAW 115–91—DEC. 12, 2017 

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9348(a) of 

title 10, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(5) That the cadet— 

‘‘(A) will not seek release from the cadet’s commissioned service obligation to obtain employment as a professional athlete following graduation until the cadet completes a period of at least two consecutive years of commissioned service; and 

‘‘(B) understands that the appointment alternative 

described in paragraph (2) will not be used to allow the 

cadet to obtain such employment until at least the end 

of that two-year period.’’. 

(d) APPLICATION OF AMENDMENTS.—The Secretaries of the military departments shall promptly revise the cadet and midshipman 

service agreements under sections 4348, 6959, and 9348 of title 

10, United States Code, to reflect the amendments made by this 

section. The revised agreement shall apply to cadets and midshipmen who are attending the United States Military Academy, 

the United States Naval Academy, or the United States Air Force 

Academy on the date of the enactment of this Act and to persons 

who begin attendance at such military service academies on or 

after that date. 

SEC. 544. TWO-YEAR EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE NATIONAL GUARD AND 

RESERVES. 

Section 10219(g) of title 10, United States Code, is amended 

by striking ‘‘October 1, 2018’’ and inserting ‘‘October 1, 2020’’. 

SEC. 545. ANNUAL CERTIFICATIONS RELATED TO READY, RELEVANT 

LEARNING INITIATIVE OF THE NAVY. 

(a) ANNUAL CERTIFICATIONS REQUIRED.—Not later than March 

1, 2018, and each year thereafter, the Secretary of the Navy shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a certification on the status of 

implementation of the Ready, Relevant Learning initiative of the 

Navy for each applicable enlisted rating. 

(b) ELEMENTS.—Each certification under subsection (a) shall 

include the following: 

(1) A certification by the Commander of the United States 

Fleet Forces Command that the block learning and modernized 

delivery methods of the Ready, Relevant Learning initiative 

to be implemented during the fiscal year beginning in which 

such certification is submitted will meet or exceed the existing 

training delivery approach for all associated training requirements. 

(2) A certification by the Secretary of the Navy that the 

content re-engineering necessary to meet all training objectives 

and transition from the traditional training curriculum to the 

modernized delivery format to be implemented during such 

fiscal year will be complete prior to such transition, including 

full functionality of all required course software and hardware. 

(3) A detailed cost estimate of transitioning to the block 

learning and modernized delivery approaches to be implemented during such fiscal year with funding listed by purpose, 

amount, appropriations account, budget program element or 

line item, and end strength adjustments. 

10 USC 6931 

note prec. 

10 USC 4348 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1397 

(4) A detailed phasing plan associated with transitioning 

to the block learning and modernized delivery approaches to 

be implemented during such fiscal year, including the current 

status, timing, and identification of reductions in ‘‘A’’ school 

and ‘‘C’’ school courses, curricula, funding, and personnel. 

(5) A certification by the Secretary of the Navy that— 

(A) the contracting strategy associated with 

transitioning to the modernized delivery approach to be 

implemented during such fiscal year has been completed; 

and 

(B) contracting actions contain sufficient specification 

detail to enable a low risk approach to receiving the deliverable end item or items on-budget, on-schedule, and with 

satisfactory performance. 

SEC. 546. AUTHORITY TO EXPAND ELIGIBILITY FOR THE UNITED 

STATES MILITARY APPRENTICESHIP PROGRAM. 

(a) EXPANSION AUTHORIZED.—The Secretary of Defense may 

expand eligibility for the United Services Military Apprenticeship 

Program to include any member of the uniformed services. 

(b) DEFINITION.—In this section, the term ‘‘uniformed services’’ 

has the meaning given such term in section 101(a)(5) of title 10, 

United States Code. 

SEC. 547. LIMITATION ON AVAILABILITY OF FUNDS FOR ATTENDANCE 

OF AIR FORCE ENLISTED PERSONNEL AT AIR FORCE 

OFFICER PROFESSIONAL MILITARY EDUCATION IN-RESIDENCE COURSES. 

(a) LIMITATION.—None of the funds authorized to be appropriated or otherwise made available for the Department of the 

Air Force may be obligated or expended for the purpose of the 

attendance of Air Force enlisted personnel at Air Force officer 

professional military education (PME) in-residence courses until 

the later of— 

(1) the date on which the Secretary of the Air Force submits 

to the Committees on Armed Services of the Senate and the 

House of Representatives, and to the Comptroller General of 

the United States, a report on the attendance of such personnel 

at such courses as described in subsection (b); 

(2) the date on which the Comptroller General submits 

to such committees the report setting forth an assessment 

of the report under paragraph (1) as described in subsection 

(c); or 

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

(b) SECRETARY OF THE AIR FORCE REPORT.—The report of the 

Secretary described in subsection (a)(1) shall include the following: 

(1) The purpose of the attendance of Air Force enlisted 

personnel at Air Force officer professional military education 

in-residence courses. 

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

(3) The required prerequisites for such enlisted personnel 

to attend such officer professional military education courses. 

(4) The process for selecting such enlisted personnel to 

attend such officer professional military education courses. 

(5) The impact of the attendance of such enlisted personnel 

at such officer professional military education courses on the 

10 USC 1143 

note. 


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131 STAT. 1398 PUBLIC LAW 115–91—DEC. 12, 2017 

availability of officer allocations for the attendance of officers 

at such courses. 

(6) The impact of the attendance of such enlisted personnel 

at such officer professional military education courses on the 

morale and retention of officers attending such courses. 

(7) The resources required for such enlisted personnel to 

attend such officer professional military education courses. 

(8) The impact on unit and overall Air Force manning 

levels of the attendance of such enlisted personnel at such 

officer professional military education courses, especially at 

the statutorily-limited end strengths of grades E–8 and E– 

9. 

(9) The extent to which graduation by such enlisted personnel from such officer professional military education courses 

is a requirement for Air Force or joint assignments. 

(10) The planned assignment utilization for Air Force 

enlisted graduates of such officer professional military education courses. 

(11) Any other matters in connection with the attendance 

of such enlisted personnel at such officer professional military 

education courses that the Secretary considers appropriate. 

(c) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

the Secretary submits the report described in subsection (a)(1), 

the Comptroller General shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a briefing on an assessment of the report by the Comptroller 

General. As soon as practicable after the briefing, the Comptroller General shall submit to such committees a report on 

such assessment for purposes of subsection (a)(2). 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) An assessment of whether the conclusions and 

assertions included in the report of the Secretary under 

subsection (a) are comprehensive, fully supported, and 

sufficiently detailed. 

(B) An identification of any shortcomings, limitations, 

or other reportable matters that affect the quality of the 

findings or conclusions of the report of the Secretary. 

SEC. 548. LIEUTENANT HENRY OSSIAN FLIPPER LEADERSHIP SCHOLARSHIPS. 

(a) IN GENERAL.—The Secretary of the Army shall designate 

a number of scholarships under the Army Senior Reserve Officers’ 

Training Corps (SROTC) program that are available to students 

at minority-serving institutions as ‘‘Lieutenant Henry Ossian 

Flipper Leadership Scholarships’’. 

(b) NUMBER DESIGNATED.—The number of scholarships designated pursuant to subsection (a) shall be the number the Secretary determines appropriate to increase the number of Senior 

Reserve Officers’ Training Corps scholarships at minority-serving 

institutions. In making the determination, the Secretary shall give 

appropriate consideration to the following: 

(1) The number of Senior Reserve Officers’ Training Corps 

scholarships available at all institutions participating in the 

Senior Reserve Officer’s Training Corps program. 

10 USC 2107 

note. 


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(2) The number of such minority-serving institutions that 

offer the Senior Reserve Officers’ Training Corps program to 

their students. 

(c) AMOUNT OF SCHOLARSHIP.—The Secretary may increase any 

scholarship designated pursuant to subsection (a) to an amount 

in excess of the amount of the Senior Reserve Officers’ Training 

Corps program scholarship that would otherwise be offered at the 

minority-serving institution concerned if the Secretary considers 

that a scholarship of such increased amount is appropriate for 

the purpose of the scholarship. 

(d) MINORITY-SERVING INSTITUTION DEFINED.—In this section, 

the term ‘‘minority-serving institution’’ means an institution of 

higher education described in section 371(a) of the Higher Education 

Act of 1965 (20 U.S.C. 1067q(a)). 

SEC. 549. PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED 

SERVICE IN THE DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED FORMER CADETS AND MIDSHIPMEN. 

(a) PILOT PROGRAMS AUTHORIZED.— 

(1) IN GENERAL.—Each Secretary of a military department 

may carry out a pilot program under which former cadets 

or midshipmen described in paragraph (2) (in this section 

referred to as ‘‘eligible individuals’’) under the jurisdiction of 

such Secretary may be appointed by the Secretary of Defense 

in the excepted service under section 3320 of title 5, United 

States Code, in the Department of Defense. 

(2) CADETS AND MIDSHIPMEN.—Except as provided in paragraph (3), a former cadet or midshipman described in this 

paragraph is any former cadet at the United States Military 

Academy or the United States Air Force Academy, and any 

former midshipman at the United States Naval Academy, 

who— 

(A) completed the prescribed course of instruction and 

graduated from the applicable service academy; and 

(B) is determined to be medically disqualified to complete a period of active duty in the Armed Forces prescribed 

in an agreement signed by such cadet or midshipman in 

accordance with section 4348, 6959, or 9348 of title 10, 

United States Code. 

(3) EXCEPTION.—A former cadet or midshipman whose medical disqualification as described in paragraph (2)(B) is the 

result of the gross negligence or misconduct of the former 

cadet or midshipman is not an eligible individual for purposes 

of appointment under a pilot program. 

(b) PURPOSE.—The purpose of the pilot programs conducted 

under this section is to evaluate the feasibility and advisability 

of permitting eligible individuals who cannot accept a commission 

or complete a period of active duty in the Armed Forces prescribed 

by the Secretary of the military department concerned to fulfill 

an obligation for active duty service in the Armed Forces through 

service as a civilian employee of the Department of Defense. 

(c) POSITIONS.— 

(1) IN GENERAL.—The positions to which an eligible individual may be appointed under a pilot program conducted under 

this section are existing positions within the Department of 

Defense in grades up to GS–9 under the General Schedule 

10 USC 1580 

note prec. 


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131 STAT. 1400 PUBLIC LAW 115–91—DEC. 12, 2017 

under section 5332 of title 5, United States Code (or equivalent). 

The authority in subsection (a) does not authorize the creation 

of additional positions, or create any vacancies to which eligible 

individuals may be appointed under a pilot program. 

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

less. 

(d) SCOPE OF AUTHORITY.— 

(1) RECRUITMENT AND RETENTION OF ELIGIBLE INDIVIDUALS.—The authority in subsection (a) may be used only to 

the extent necessary to recruit and retain on a non-competitive 

basis cadets and midshipmen who are relieved of an obligation 

for active duty in the Armed Forces due to becoming medically 

disqualified from serving on active duty in the Armed Forces, 

and may not be used to appoint any other individuals in the 

excepted service. 

(2) VOLUNTARY ACCEPTANCE OF APPOINTMENTS.—A pilot 

program conducted under this section may not be used as 

an implicit or explicit basis for compelling an eligible individual 

to accept an appointment in the excepted service in accordance 

with this section. 

(e) RELATIONSHIP TO REPAYMENT PROVISIONS.—Completion of 

a term appointment pursuant to a pilot program conducted under 

this section shall relieve the eligible individual concerned of any 

repayment obligation under section 303a(e) or 373 of title 37, United 

States Code, with respect to the agreement of the individual 

described in subsection (a)(2)(B). 

(f) TERMINATION.— 

(1) IN GENERAL.—The authority to appoint eligible individuals in the excepted service under a pilot program conducted 

under this section shall expire on the date that is four years 

after the date of the enactment of this Act. 

(2) EFFECT ON EXISTING APPOINTMENTS.—The termination 

by paragraph (1) of the authority in subsection (a) shall not 

affect any appointment made under that authority before the 

termination date specified in paragraph (1) in accordance with 

the terms of such appointment. 

(g) REPORTING REQUIREMENT.— 

(1) REPORT REQUIRED.—Not later than the date that is 

three years after the date of the enactment of this Act, each 

Secretary of a military department shall submit to the appropriate congressional committees a report containing an evaluation of the effectiveness of the pilot program conducted by 

such Secretary under this section, including the number of 

eligible individuals appointed as civilian employees of the 

Department of Defense under the program and the retention 

rate for such employees. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this section, the term ‘‘appropriate congressional committees’’ 

means the Committee on Armed Services and the Committee 

on Homeland Security and Government Affairs of the Senate 

and the Committee on Armed Services and the Committee 

on Oversight and Government Reform of the House of Representatives. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1401 

Subtitle F—Defense Dependents’ Education and Military Family Readiness 

Matters 

PART I—DEFENSE DEPENDENTS’ EDUCATION 

MATTERS 

SEC. 551. 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 2018 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 (20 U.S.C. 7703a). 

(2) USE OF CERTAIN AMOUNT.—Of the amount available 

under subsection (a) for payments as described in that subsection, $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 2018 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. 552. TRANSITIONS OF MILITARY DEPENDENT STUDENTS FROM 

DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS TO 

OTHER SCHOOLS AND AMONG SCHOOLS OF LOCAL EDUCATIONAL AGENCIES. 

(a) PERMANENT SUPPORT AUTHORITY.—Section 574(c) of the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (Public Law 109–364; 20 U.S.C. 7703b note) is amended by 

striking paragraph (3). 

(b) CONFORMING AMENDMENT.—Section 572(b) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 20 U.S.C. 7703b note) is amended by striking ‘‘that includes 

a request for the extension of section 574(c) of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 shall 

include’’ and inserting ‘‘shall include, with respect to section 574(c) 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 20 U.S.C. 7703b note),’’. 


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131 STAT. 1402 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 553. REPORT ON EDUCATIONAL OPPORTUNITIES IN SCIENCE, 

TECHNOLOGY, ENGINEERING, AND MATHEMATICS FOR 

CHILDREN WHO ARE DEPENDENTS OF MEMBERS OF THE 

ARMED FORCES. 

Not later than two years after the date of the enactment 

of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a description and 

assessment of— 

(1) current Department of Defense programs intended to 

improve educational opportunities and achievement in science, 

technology, engineering, and mathematics for children who are 

dependents of members of the Armed Forces; and 

(2) Department of Defense efforts to increase opportunities 

and achievement in science, technology, engineering, and 

mathematics for children who are dependents of members of 

the Armed Forces. 

PART II—MILITARY FAMILY READINESS 

MATTERS 

SEC. 555. CODIFICATION OF AUTHORITY TO CONDUCT FAMILY SUPPORT PROGRAMS FOR IMMEDIATE FAMILY MEMBERS OF 

MEMBERS OF THE ARMED FORCES ASSIGNED TO SPECIAL 

OPERATIONS FORCES. 

(a) CODIFICATION OF EXISTING AUTHORITY.—Chapter 88 of title 

10, United States Code, is amended by inserting after section 1788 

a new section 1788a consisting of— 

(1) a heading as follows: 

‘‘§ 1788a. Family support programs: immediate family members of members of special operations forces’’; and 

(2) a text consisting of subsections (a), (b), (d), and (e) 

of section 554 of the National Defense Authorization Act for 

Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1788 note). 

(b) REPORTING REQUIREMENT.—Section 1788a of title 10, United 

States Code, as added by subsection (a) of this section, is further 

amended— 

(1) by redesignating subsection (d), as so added, as subsection (c); and 

(2) by inserting after such subsection the following new 

subsection (d): 

‘‘(d) ANNUAL REPORT.— 

‘‘(1) REPORT REQUIRED.—Not later than March 1, 2019, 

and each March 1 thereafter, the Commander, in coordination 

with the Under Secretary of Defense for Personnel and Readiness, shall submit to the congressional defense committees 

a report describing the progress made in achieving the goals 

of the family support programs conducted under this section. 

‘‘(2) ELEMENTS OF REPORTS.—Each report under this subsection shall include the following: 

‘‘(A) A detailed description of the programs conducted 

under this section to address family support requirements 

for family members of members of the armed forces 

assigned to special operations forces. 

10 USC 1788a. 


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‘‘(B) An assessment of the impact of the programs 

on military readiness and on family members of members 

of the armed forces assigned to special operations forces. 

‘‘(C) A description of the special operations-peculiar 

aspects of the programs and a comparison and differentiation of these programs with other programs conducted by 

the Secretaries of the military departments to provide 

family support services to immediate family members of 

members of the armed forces. 

‘‘(D) Recommendations for incorporating lessons 

learned into other family support programs. 

‘‘(E) Any other matters the Commander considers 

appropriate regarding the programs.’’. 

(c) FUNDING.—Subsection (c) of section 1788a of title 10, United 

States Code, as added by subsection (a) of this section and redesignated by subsection (b)(1) of this section, is amended by striking 

‘‘specified’’ and all that follows through the end of the subsection 

and inserting ‘‘, from funds available for Major Force Program 

11, to carry out family support programs under this section.’’. 

(d) ELIMINATION OF PILOT PROGRAM REFERENCES AND OTHER

CONFORMING AMENDMENTS.—Section 1788a of title 10, United 

States Code, as added by subsection (a) of this section, is further 

amended— 

(1) by striking ‘‘Armed Forces’’ each place it appears and 

inserting ‘‘armed forces’’; 

(2) by striking ‘‘pilot’’ each place it appears; 

(3) in subsection (a)— 

(A) in the subsection heading, by striking ‘‘PILOT’’; 

and 

(B) by striking ‘‘up to three’’ and all that follows 

through ‘‘providing’’ and inserting ‘‘programs to provide’’; 

and 

(4) in subsection (e)— 

(A) in paragraph (2), by striking ‘‘title 10, United States 

Code’’ and inserting ‘‘this title’’; and 

(B) in paragraph (3), by striking ‘‘such title’’ and 

inserting ‘‘this title’’. 

(e) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 88 of title 10, United States Code, 

is amended by inserting after the item relating to section 1788 

the following new item: 

‘‘1788a. Family support programs: immediate family members of members of special 

operations forces.’’. 

(f) CONFORMING REPEAL.—Section 554 of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 

U.S.C. 1788 note) is repealed. 

SEC. 556. REIMBURSEMENT FOR STATE LICENSURE AND CERTIFICATION COSTS OF A SPOUSE OF A MEMBER OF THE ARMED 

FORCES ARISING FROM RELOCATION TO ANOTHER STATE. 

(a) REIMBURSEMENT AUTHORIZED.—Section 476 of title 37, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(p)(1) From amounts otherwise made available for a fiscal 

year to provide travel and transportation allowances under this 

chapter, the Secretary concerned may reimburse a member of the 

10 USC 1781 

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131 STAT. 1404 PUBLIC LAW 115–91—DEC. 12, 2017 

armed forces for qualified relicensing costs of the spouse of the 

member when— 

‘‘(A) the member is reassigned, either as a permanent 

change of station or permanent change of assignment, from 

a duty station in one State to a duty station in another State; 

and 

‘‘(B) the movement of the member’s dependents is authorized at the expense of the United States under this section 

as part of the reassignment. 

‘‘(2) Reimbursement provided to a member under this subsection may not exceed $500 in connection with each reassignment 

described in paragraph (1). 

‘‘(3) Not later than December 31, 2021, the Secretary of Defense, 

in consultation with the Secretary of Homeland Security with 

respect to the Coast Guard, shall submit to the congressional 

defense committees, the Committee on Homeland Security and 

Government Affairs of the Senate, and the Committee on Oversight 

and Government Reform of the House of Representatives a report— 

‘‘(A) describing the extent to which the reimbursement 

authority provided by this subsection has been used; and 

‘‘(B) containing a recommendation by the Secretaries 

regarding whether the authority should be extended beyond 

the date specified in paragraph (4). 

‘‘(4) No reimbursement may be provided under this subsection 

for qualified relicensing costs paid or incurred after December 31, 

2022. 

‘‘(5) In this subsection, the term ‘qualified relicensing costs’ 

means costs, including exam and registration fees, that— 

‘‘(A) are imposed by the State of the new duty station 

to secure a license or certification to engage in the same profession that the spouse of the member engaged in while in the 

State of the original duty station; and 

‘‘(B) are paid or incurred by the member or spouse to 

secure the license or certification from the State of the new 

duty station after the date on which the orders directing the 

reassignment described in paragraph (1) are issued.’’. 

(b) DEVELOPMENT OF RECOMMENDATIONS TO EXPEDITE LICENSE

PORTABILITY FOR MILITARY SPOUSES.— 

(1) CONSULTATION WITH STATES.—The Secretary of Defense, 

and the Secretary of Homeland Security with respect to the 

Coast Guard, shall consult with States— 

(A) to identify barriers to the portability between 

States of a license, certification, or other grant of permission held by the spouse of a member of the Armed Forces 

to engage in an occupation when the spouse moves between 

States as part of a permanent change of station or permanent change of assignment of the member; and 

(B) to develop recommendations for the Federal 

Government and the States, together or separately, to expedite the portability of such licenses, certifications, and other 

grants of permission for military spouses. 

(2) SPECIFIC CONSIDERATIONS.—In conducting the consultation and preparing the recommendations under paragraph (1), 

the Secretaries shall consider the feasibility of— 

(A) States accepting licenses, certifications, and other 

grants of permission described in paragraph (1) issued 

by another State and in good standing in that State; 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1405 

(B) the issuance of a temporary license pending completion of State-specific requirements; and 

(C) the establishment of an expedited review process 

for military spouses. 

(3) REPORT REQUIRED.—Not later than March 15, 2018, 

the Secretaries shall submit to the appropriate congressional 

committees and the States a report containing the recommendations developed under this subsection. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘‘appropriate congressional committees’’ means the congressional defense committees, the Committee on Homeland Security and Government Affairs of the 

Senate, and the Committee on Oversight and Government 

Reform of the House of Representatives. 

SEC. 557. TEMPORARY EXTENSION OF EXTENDED PERIOD OF PROTECTIONS FOR MEMBERS OF UNIFORMED SERVICES 

RELATING TO MORTGAGES, MORTGAGE FORECLOSURE, 

AND EVICTION. 

Section 710(d) of the Honoring America’s Veterans and Caring 

for Camp Lejeune Families Act of 2012 (Public Law 112–154; 50 

U.S.C. 3953 note) is amended— 

(1) in paragraph (1), by striking ‘‘December 31, 2017’’ and 

inserting ‘‘December 31, 2019’’; and 

(2) in paragraph (3), by striking ‘‘January 1, 2018’’ and 

inserting ‘‘January 1, 2020’’. 

SEC. 558. ENHANCING MILITARY CHILDCARE PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 

(a) HOURS OF OPERATION OF MILITARY CHILDCARE DEVELOP- MENT CENTERS.—Each Secretary of a military department shall 

ensure, to the extent practicable, that the hours of operation of 

each childcare development center under the jurisdiction of the 

Secretary are established and maintained in manner that takes 

into account the demands and circumstances of members of the 

Armed Forces, including members of the reserve components, who 

use such center in facilitation of the performance of their military 

duties. 

(b) MATTERS TO BE TAKEN INTO ACCOUNT.—The demands and 

circumstances to be taken into account under subsection (a) for 

purposes of setting and maintaining the hours of operation of a 

childcare development center shall include the following: 

(1) Mission requirements of units whose members use the 

childcare development center. 

(2) The unpredictability of work schedules, and fluctuations 

in day-to-day work hours, of such members. 

(3) The potential for frequent and prolonged absences of 

such members for training, operations, and deployments. 

(4) The location of the childcare development center on 

the military installation concerned, including the location in 

connection with duty locations of members and applicable military family housing. 

(5) Such other matters as the Secretary of the military 

department concerned considers appropriate for purposes of 

this section. 

(c) CHILDCARE COORDINATORS FOR MILITARY INSTALLATIONS.— 

Each Secretary of a military department may provide for a childcare 

coordinator at each military installation under the jurisdiction of 

10 USC 1791 

note. 


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the Secretary at which are stationed significant numbers of members of the Armed Forces with accompanying dependent children, 

as determined by the Secretary. The childcare coordinator may 

work with the commander of the installation to ensure that 

childcare is available and responsive to the needs of members 

assigned to the installation. 

SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE 

FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT 

CHILD DEVELOPMENT CENTERS. 

(a) IN GENERAL.—The Secretary of Defense may appoint, without regard to any provision of subchapter I of chapter 33 of title 

5, United States Code, qualified childcare services providers in 

the competitive service if the Secretary determines that— 

(1) there is a critical hiring need for childcare services 

providers for Department of Defense child development centers; 

and 

(2) there is a shortage of childcare services providers. 

(b) REGULATIONS.—The Secretary shall carry out this section 

in accordance with regulations prescribed by the Secretary for purposes of this section. 

(c) DEADLINE FOR IMPLEMENTATION.—The Secretary shall prescribe the regulations required by subsection (b), and commence 

implementation of subsection (a), by not later than May 1, 2018. 

(d) BRIEFING.—Not later than 90 days after the end of each 

of fiscal years 2019 and 2021, the Secretary of Defense shall provide 

a briefing to the Committee on Armed Services of the House of 

Representatives, the Committee on Armed Services of the Senate, 

the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate on the use of the appointment 

authority provided by subsection (a). 

(e) CHILDCARE SERVICES PROVIDER DEFINED.—In this section, 

the term ‘‘childcare services provider’’ means a person who provides 

childcare services for dependent children of members of the Armed 

Forces and civilian employees of the Department of Defense in 

child development centers on Department installations. 

(f) EXPIRATION OF AUTHORITY.—The appointment authority provided by subsection (a) expires on September 30, 2021. 

SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS FOR 

TELEWORK FACILITIES FOR MILITARY SPOUSES ON MILITARY INSTALLATIONS OUTSIDE THE UNITED STATES. 

(a) IN GENERAL.—Commencing not later than one year after 

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

shall carry out a pilot program to assess the feasability and advisability of providing telework facilities for military spouses on military installations outside the United States. The Secretary shall 

consult with the host nation or nations concerned in carrying out 

the pilot program. 

(b) NUMBER OF INSTALLATIONS.—The Secretary shall carry out 

the pilot program at not less than two military installations outside 

the United States selected by the Secretary for purposes of the 

pilot program. 

(c) DURATION.—The duration of the pilot program shall be 

a period selected by the Secretary, but not more than three years. 

(d) ELEMENTS.—The pilot program shall include the following 

elements: 

10 USC 1784 

note. 

10 USC 1792 

note. 


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(1) The pilot program shall be conducted as one or more 

public-private partnerships between the Department of Defense 

and a private corporation or partnership of private corporations. 

(2) The corporation or corporations participating in the 

pilot program shall contribute to the carrying out of the pilot 

program an amount equal to the amount committed by the 

Secretary to the pilot program at the time of its commencement. 

(3) The Secretary shall enter into one or more memoranda 

of understanding with the corporation or corporations participating in the pilot program for purposes of the pilot program, 

including the amounts to be contributed by such corporation 

or corporations pursuant to paragraph (2). 

(4) The telework undertaken by military spouses under 

the pilot program may only be for United States companies. 

(5) The pilot program shall permit military spouses to 

provide administrative, informational technology, professional, 

and other necessary support to companies through telework 

from Department installations outside the United States. 

(e) FUNDING.—Of the amount authorized to be appropriated 

for fiscal year 2018 by section 421 and available for military personnel as specified in the funding table in section 4401, up to 

$1,000,000 may be available to carry out the pilot program, 

including entry into memoranda of understanding pursuant to subsection (d)(3) and payment by the Secretary of the amount committed by the Secretary to the pilot program pursuant to subsection 

(d)(2). 

Subtitle G—Decorations and Awards 

SEC. 561. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR 

TO GARLIN M. CONNER FOR ACTS OF VALOR DURING 

WORLD WAR II. 

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 

limitations specified in section 3744 of title 10, United States Code, 

or any other time limitation with respect to the awarding of certain 

medals to persons who served in the Armed Forces, the President 

may award the Medal of Honor under section 3741 of such title 

to Garlin M. Conner for the acts of valor during World War II 

described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Garlin M. Conner during 

combat on January 24, 1945, as a member of the United States 

Army in the grade of First Lieutenant in France while serving 

with Company K, 3d Battalion, 7th Infantry Regiment, 3d Infantry 

Division, for which he was previously awarded the DistinguishedService Cross. 

SEC. 562. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE 

CROSS TO SPECIALIST FRANK M. CRARY FOR ACTS OF 

VALOR IN VIETNAM. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the President may 

award the Distinguished-Service Cross under section 3742 of such 


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131 STAT. 1408 PUBLIC LAW 115–91—DEC. 12, 2017 

title to Specialist Frank M. Crary for the acts of valor in Vietnam 

described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Frank M. Crary on April 

7, 1966, as a member of the Army serving in the grade of Specialist 

in Vietnam while serving with Company D, 1st Battalion (Airborne), 

12th Cavalry Regiment, 1st Cavalry Division. 

Subtitle H—Miscellaneous Reporting 

Requirements 

SEC. 571. ANALYSIS AND REPORT ON ACCOMPANIED AND UNACCOMPANIED TOURS OF DUTY IN REMOTE LOCATIONS WITH 

HIGH FAMILY SUPPORT COSTS. 

(a) ANALYSIS REQUIRED.—The Secretary of Defense shall conduct a comparative analysis of accompanied tours of duty and 

unaccompanied tours of duty of members of the Armed Forces 

in remote locations with high family support costs (including facility 

construction and operation costs), including— 

(1) the Azores; 

(2) United States Naval Station, Guantanamo Bay, Cuba; 

(3) Okinawa, Japan; 

(4) the Republic of Korea; 

(5) Kwajalein Atoll; 

(6) Al Udeid Air Base, Qatar; and 

(7) such other locations as the Secretary considers appropriate for purposes of the analysis. 

(b) REPORTING REQUIREMENT.—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 containing the results of the analysis conducted under subsection (a). 

SEC. 572. REVIEW AND REPORTS ON POLICIES FOR REGULAR AND 

RESERVE OFFICER CAREER MANAGEMENT. 

(a) REVIEW REQUIRED.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct 

a review of the policies of the Department of Defense for the 

career management of regular and reserve officers of the Armed 

Forces pursuant to the Defense Officer Personnel Management 

Act (commonly referred to as ‘‘DOPMA’’) and the Reserve Officer 

Personnel Management Act (commonly referred to as ‘‘ROPMA’’). 

(b) ELEMENTS OF REVIEW.—The review required by subsection 

(a) shall include the following: 

(1) A statistical analysis, based on exit surveys and other 

data available to the military departments, on the impact that 

current personnel policies under the Defense Officer Personnel 

Management Act have on recruiting and retention of qualified 

regular and reserve officers of the Armed Forces. Specifically, 

the statistical analysis shall include an estimate of the number 

of officers who leave the Armed Forces each year because 

of dissatisfaction with the current personnel policies, including 

career progression, promotion policies, and a perceived lack 

of opportunity for schooling and broadening assignments. 

(2) An analysis of the extent to which current personnel 

policies inhibit the professional development of officers. 


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(3) An analysis of the impact that increased flexibility 

in promotion, assignments, and career length would have on 

officer competency in their military occupational specialties. 

(4) An analysis of the efficacy of officer talent management 

systems currently used by the military departments. 

(5) An analysis of the benefits and limitations of the current 

promotion timelines and the ‘‘up-or-out’’ system required by 

policy and law. 

(6) An analysis of the reasons and frequency with which 

officers in the grade of O–3 or above are passed over for 

promotion to the next higher grade, particularly those officers 

who have pursued advanced degrees, broadening assignments, 

and non-traditional career patterns. 

(7) The utility and feasibility of creating new competitive 

categories or an independent career and promotion path for 

officers in low-density military occupational specialties. 

(8) An analysis of how best to encourage and facilitate 

the recruitment and retention of officers with technical expertise. 

(9) The utility and feasibility of encouraging officers to 

pursue careers of lengths that vary from the traditional 20- 

year military career and the mechanisms that could be 

employed to encourage officers to pursue these varying career 

lengths. 

(10) An analysis of what actions have been or could be 

taken within current statutory authority to address officer 

management challenges. 

(11) An analysis of what actions can be taken by the 

Armed Forces to change the institutional culture regarding 

commonly held perceptions on appropriate promotion timelines, 

career progression, and traditional career patterns. 

(12) An analysis of how the Armed Forces can avoid an 

officer corps disproportionately weighted toward officers serving 

in the grades of major, lieutenant colonel, and colonel and 

Navy grades of lieutenant commander, commander, and captain, if statutory officer grade caps are relaxed. 

(13) The utility and feasibility of allowing officers to repeatedly and seamlessly transition between active duty and reserve 

active-status throughout the course of their military careers. 

(14) An analysis of the current officer force-shaping authorities and any changes needed to these authorities to improve 

recruiting, retention, and readiness. 

(15) An analysis of any other matters the Secretary of 

Defense considers appropriate to improve the effective recruitment and retention of officers. 

(c) REPORTING REQUIREMENTS.— 

(1) INITIAL REPORT.—Not later than March 1, 2018, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report evaluating the impact on officer retention of granting 

promotion boards the authority to recommend officers of particular merit be placed at the top of the promotion list. 

(2) COMPLETE REPORT.—Not later than July 31, 2018, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report setting forth the results of the review conducted under 

subsection (a). 


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131 STAT. 1410 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) SCOPE OF REPORT.—If any recommendation of the Secretary of Defense in a report required by this subsection 

requires legislative or administrative action for implementation, 

the report shall include a proposal for legislative action, or 

a description of administrative action, as applicable, to implement such recommendation. 

SEC. 573. REVIEW AND REPORT ON EFFECTS OF PERSONNEL REQUIREMENTS AND LIMITATIONS ON THE AVAILABILITY OF MEMBERS OF THE NATIONAL GUARD FOR THE PERFORMANCE 

OF FUNERAL HONORS DUTY FOR VETERANS. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall undertake a review of the effects of the personnel requirements and 

limitations described in subsection (b) with respect to the members 

of the National Guard in order to determine whether or not such 

requirements unduly limit the ability of the Armed Forces to meet 

the demand for personnel to perform funeral honors in connection 

with funerals of veterans. 

(b) PERSONNEL REQUIREMENTS AND LIMITATIONS.—The personnel requirements and limitations described in this subsection 

are the following: 

(1) Requirements, such as the ceiling on the authorized 

number of members of the National Guard on active duty 

pursuant to section 115(b)(2)(B) of title 10, United States Code, 

or end-strength limitations, that may operate to limit the 

number of members of the National Guard available for the 

performance of funeral honors duty. 

(2) Any other requirements or limitations applicable to 

the reserve components of the Armed Forces in general, or 

the National Guard in particular, that may operate to limit 

the number of members of the National Guard available for 

the performance of funeral honors duty. 

(c) REPORT.—Not later than six months 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 review undertaken pursuant to subsection (a). 

The report shall include the following: 

(1) A description of the review. 

(2) Such recommendations as the Secretary considers 

appropriate in light of the review for legislative or administrative action to expand the number of members of the National 

Guard available for the performance of funeral honors functions 

at funerals of veterans. 

SEC. 574. REVIEW AND REPORT ON AUTHORITIES FOR THE EMPLOYMENT, USE, AND STATUS OF NATIONAL GUARD AND 

RESERVE TECHNICIANS. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 

a review of the following: 

(1) Authority for the employment, use, and status of 

National Guard technicians under section 709 of title 32, United 

States Code (commonly referred to as the National Guard 

Technicians Act of 1968). 

(2) Authorities for the employment, use, and status of 

National Guard and Reserve technicians under sections 10216 

through 10218 of title 10, United States Code. 

(3) Any other authorities on the employment, use, and 

status of National Guard and Reserve technicians under law. 


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(b) PURPOSES.—The purposes of the review under subsection 

(a) shall be as follows: 

(1) To define the mission and requirements of National 

Guard and Reserve technicians. 

(2) To identify means to improve the management and 

administration of the National Guard and Reserve technician 

workforce. 

(3) To identify means to enhance the capability of the 

Department of Defense to recruit and retain National Guard 

and Reserve technicians. 

(4) To assess the current career progression tracks of 

National Guard and Reserve technicians. 

(c) CONSULTATION.—In conducting the review under subsection 

(a), the Secretary of Defense shall consult with the Chief of the 

National Guard Bureau, the Chief of Army Reserve, the Chief 

of Air Force Reserve, and representatives of National Guard and 

Reserve technicians, including collective bargaining representatives 

of such technicians. 

(d) INCLUSION OF RECENT AUTHORITIES IN REVIEW.—The Secretary of Defense shall ensure that the review conducted under 

subsection (a) takes into account authorities, and modifications 

of authorities, for the employment, use, and status of National 

Guard and Reserve technicians contained in the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92) and 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328). 

(e) REQUIRED REVIEW ELEMENTS.—In meeting the purposes 

of the review conducted under subsection (a), as set forth in subsection (b), the Secretary of Defense shall address, in particular, 

the following: 

(1) The extent to which National Guard and Reserve technicians are assigned military duties inconsistent with, or of a 

different nature than, their civilian duties, the impact of such 

assignments on unit readiness, and the effect of such assignments on the career progression of technicians. 

(2) The use by the Department of Defense (especially within 

the National Guard) of selective retention boards to separate 

National Guard and Reserve technicians from military service 

(with the effect of thereby separating them from civilian service) 

before they accrue a full, unreduced retirement annuity in 

connection with Federal civilian service, and whether that use 

is consistent with the authority in section 10216(f) of title 

10, United States Code, that technicians be permitted to remain 

in service past their mandatory separation date until they 

qualify for an unreduced retirement annuity. 

(3) The impact on recruitment and retention, and the budgetary impact, of permitting National Guard and Reserve technicians who receive an enlistment incentive before becoming a 

technician to retain such incentive upon becoming a technician. 

(f) REPORTING REQUIREMENT.—Not later than April 1, 2018, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

containing— 

(1) the results of the review conducted under subsection 

(a), including a discussion of the matters set forth in subsections 

(b) and (e); and 


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(2) such recommendations for legislative or administrative 

action as the Secretary considers appropriate in light of the 

review in order to improve and enhance the employment, use, 

and status of National Guard and Reserve technicians. 

SEC. 575. ASSESSMENT AND REPORT ON EXPANDING AND CONTRACTING FOR CHILDCARE SERVICES OF THE DEPARTMENT OF DEFENSE. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

conduct an assessment of the feasibility and advisability of the 

following: 

(1) Expanding the operating hours of childcare facilities 

of the Department of Defense in order to meet childcare services 

requirements for swing-shift, night-shift, and weekend workers. 

(2) Using contracts with private-sector childcare services 

providers to expand the availability of childcare services for 

members of the Armed Forces at locations outside military 

installations at costs similar to the current costs for childcare 

services through child development centers on military installations. 

(3) Contracting with private-sector childcare services providers to operate childcare facilities of the Department on military installations. 

(4) Expanding childcare services as described in paragraphs 

(1) through (3) to members of the National Guard and Reserves 

in a manner that does not substantially raise costs of childcare 

services for the military departments or conflict with others 

who have a higher priority for space in childcare services programs, such as members of the Armed Forces on active duty. 

(b) REPORTING REQUIREMENT.—Not later than September 1, 

2018, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report containing the results of the assessment conducted under 

subsection (a). 

SEC. 576. REVIEW AND REPORT ON COMPENSATION PROVIDED 

CHILDCARE SERVICES PROVIDERS OF THE DEPARTMENT 

OF DEFENSE. 

(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 

a review of the compensation provided for childcare services providers within the Department of Defense, including positions subject 

to General Schedule pay grades and positions occupied by nonappropriated fund instrumentality employees. 

(b) ELEMENTS OF REVIEW.—The review conducted under subsection (a) shall include the following: 

(1) A comparison of the compensation provided for childcare 

services provider positions within the Department with the 

compensation provided to childcare services providers in the 

private sector who provide similar childcare services. 

(2) An assessment of the mix of General Schedule pay 

grades and compensation levels for nonappropriated fund 

instrumentality employees currently required by the Department to most effectively recruit and retain childcare services 

providers for dependents of members of the Armed Forces. 

(3) A comparison of the budget implications of the current 

General Schedule pay grade mix and nonappropriated fund 

instrumentality compensation levels with the pay grade mix 

and compensation levels determined pursuant to paragraph 


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(2) to be required by the Department to most effectively recruit 

and retain childcare services providers for dependents of members of the Armed Forces. 

(c) REPORTING REQUIREMENT.—Not later than September 1, 

2018, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report containing the results of the review conducted under subsection (a). 

SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND REPORT ON THE OFFICE OF COMPLEX INVESTIGATIONS WITHIN THE NATIONAL GUARD BUREAU. 

(a) ASSESSMENT REQUIRED.—The Comptroller General of the 

United States shall conduct an assessment on the purpose, structure, and effectiveness of the Office of Complex Investigations 

within the National Guard Bureau. 

(b) ELEMENTS OF ASSESSMENT.—The assessment conducted 

under subsection (a) shall address the following: 

(1) The purpose of the Office of Complex Investigations 

and the criteria used to determine which cases will be investigated by the office. 

(2) The services provided by the Office of Complex Investigations. 

(3) The authority under which the Office of Complex Investigations may investigate violations of State law. 

(4) The structure of the Office of Complex Investigations, 

including— 

(A) the number of individuals assigned, both permanently and temporarily, to the office; 

(B) the organizational structure of the office; and 

(C) the annual budget of the office, the source of 

funding, and the extent to which States are required to 

reimburse the Department of Defense for activities conducted by the office. 

(5) The extent to which the investigations conducted by 

the Office of Complex Investigations could be conducted by 

another State or Federal entity. 

(6) The policies governing the Office of Complex Investigations, and the extent to which the office adheres to these 

policies. 

(7) The training provided to investigators and other 

employees of the Office of Complex Investigations. 

(8) Any other matters the Comptroller General considers 

relevant to the assessment. 

(c) REPORTING REQUIREMENT.—Not later than October 31, 2018, 

the Comptroller General shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

containing the results of the assessment conducted under subsection 

(a). 

SEC. 578. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON INTEGRITY OF 

THE DEPARTMENT OF DEFENSE WHISTLEBLOWER PROGRAM. 

Section 536(a) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2124) is amended 

by striking ‘‘18 months after the date of the enactment of this 

Act’’ and inserting ‘‘December 31, 2018’’. 


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131 STAT. 1414 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle I—Other Matters 

SEC. 581. EXPANSION OF UNITED STATES AIR FORCE INSTITUTE OF 

TECHNOLOGY ENROLLMENT AUTHORITY TO INCLUDE 

CIVILIAN EMPLOYEES OF THE HOMELAND SECURITY 

INDUSTRY. 

(a) DEFINITION.—Subsection (b) of section 9314a of title 10, 

United States Code, is amended to read as follows: 

‘‘(b) COVERED PRIVATE SECTOR EMPLOYEE DEFINED.—(1) In this 

section, the term ‘covered private sector employee’ means— 

‘‘(A) an individual employed by a private firm that is 

engaged in providing to the Department of Defense significant 

and substantial defense-related systems, products, or services; 

or 

‘‘(B) an individual employed by a private firm in one of 

the critical infrastructure sectors identified in Presidential 

Policy Directive 21 (Critical Infrastructure Security and Resilience). 

‘‘(2) A covered private sector employee admitted for instruction 

at the United States Air Force Institute of Technology remains 

eligible for such instruction only so long as the person remains 

employed by the same firm.’’. 

(b) USE OF DEFINED TERM.—Section 9314a of title 10, United 

States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘defense industry employees 

described in subsection (b)’’ and inserting ‘‘a covered 

private sector employee’’; and 

(ii) by striking ‘‘Any such defense industry 

employee’’ and inserting ‘‘A covered private sector 

employee’’; 

(B) in paragraph (2), by striking ‘‘defense industry 

employees’’ and inserting ‘‘covered private sector 

employees’’; and 

(C) in paragraph (3), by striking ‘‘defense industry 

employee’’ both places it appears and inserting ‘‘covered 

private sector employee’’; 

(2) in subsection (c)— 

(A) by striking ‘‘Defense industry employees’’ and 

inserting ‘‘A covered private sector employee’’; and 

(B) by striking ‘‘defense industry employees’’ and 

inserting ‘‘covered private sector employees’’; 

(3) in subsection (d)(1), by striking ‘‘defense industry 

employees’’ and inserting ‘‘a covered private sector employee’’; 

and 

(4) in subsection (f), by striking ‘‘defense industry 

employees’’ and inserting ‘‘covered private sector employees’’. 

(c) OTHER CONFORMING AMENDMENTS.—Section 9314a of title 

10, United States Code, is further amended— 

(1) in subsection (a)(1), by striking ‘‘a defense focused’’ 

and inserting ‘‘a defense-focused or homeland security-focused’’; 

and 

(2) in subsection (d)— 

(A) in paragraph (1), by inserting ‘‘or homeland security’’ after ‘‘and defense’’; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1415 

(B) in paragraph (2), by inserting before the period 

at the end the following: ‘‘or the Department of Homeland 

Security, as applicable’’. 

(d) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of section 9314a of 

title 10, United States Code, is amended to read as follows: 

‘‘§ 9314a. United States Air Force Institute of Technology: 

admission of certain private sector civilians’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 901 of title 10, United States Code, is amended 

by striking the item relating to section 9314a and inserting 

the following new item: 

‘‘9314a. United States Air Force Institute of Technology: admission of certain private sector civilians.’’. 

SEC. 582. CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY. 

(a) CONDITIONAL DESIGNATION.—Subject to subsection (b), section 3063(a) of title 10, United States Code, is amended— 

(1) in paragraph (12), by striking ‘‘and’’; 

(2) by redesignating paragraph (13) as paragraph (14); 

and 

(3) by inserting after paragraph (12) the following new 

paragraph (13): 

‘‘(13) Explosive Ordnance Disposal Corps; and’’. 

(b) DELAYED EFFECTIVE DATE AND CONDITION ON EXECUTION.— 

(1) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on October 1, 2020, but only if the report 

required by paragraph (2) is not submitted before that date 

as required by such paragraph. 

(2) REPORTING REQUIREMENT.—Not later than September 

30, 2020, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing certifications that the following 

actions have occurred as of that date: 

(A) The defense budget materials display funding 

requirements for explosive ordnance disposal separately 

and a program of record is established and maintained 

for explosive ordnance disposal. 

(B) A process has been established to ensure that, 

by not later than five years after the date of the enactment 

of this Act, there is, and will continue to be, at least 

one general officer in the Army qualified regarding issues 

involving explosive ordnance disposal to ensure officer 

professional development and upward mobility. 

(C) The Ordnance Personnel Proponency Office is, and 

will continue to be, manned with an explosive ordnance 

disposal officer to oversee explosive ordnance disposal 

officer and enlisted personnel proponency. 

(D) Explosive ordnance disposal officer education has 

been included in a basic officer leadership course, a captains career course, and a policy and planning course specific to explosive ordnance disposal as part of intermediate 

level education and pre-command courses. 

(E) The office of the Army Deputy Chief of Staff, G8, 

and the office of the Army Deputy Chief of Staff, G3, 

10 USC 3063 

note. 

10 USC 9301 

prec. 


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131 STAT. 1416 PUBLIC LAW 115–91—DEC. 12, 2017 

have, and will continue to be, manned with explosive ordnance disposal officers responsible for the decision management decision packages, ammunition organizational 

integration, and force modernization related to explosive 

ordnance disposal. 

(F) The Army has established and maintained explosive 

ordnance disposal cells at the Army Forces Command, 

Army Service Component Commands, Army Special Operations Command, Army Training and Doctrine Command, 

and the Army Capability and Integration Center. 

(3) NOTICE OF REPORT.—The Secretary of the Army shall 

notify the Law Revision Counsel of the House of Representatives of the submission of the report under paragraph (2) so 

that the Law Revision Counsel does not execute the amendments made by subsection (a). 

SEC. 583. DESIGNATION OF OFFICE WITHIN OFFICE OF THE SECRETARY OF DEFENSE TO OVERSEE USE OF FOOD ASSISTANCE PROGRAMS BY MEMBERS OF THE ARMED FORCES 

ON ACTIVE DUTY. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall designate an office or 

official within the Office of the Secretary of Defense for purposes 

as follows: 

(1) To discharge responsibility for overseeing the efforts 

of the Department of Defense to collect, analyze, and monitor 

data on the use of food assistance programs by members of 

the Armed Forces on active duty. 

(2) To establish and maintain relationships with other 

departments and agencies of the Federal Government to facilitate the discharge of the responsibility specified in paragraph 

(1). 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Annual adjustment of basic monthly pay. 

Sec. 602. Prohibiting collection of additional amounts from members living in units 

under Military Housing Privatization Initiative. Sec. 603. Limitation on modification of payment authority for Military Housing Privatization Initiative housing. Sec. 604. Housing treatment for certain members of the Armed Forces, and their 

spouses and other dependents, undergoing a permanent change of station within the United States. 

Sec. 605. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. Sec. 606. Reevaluation of BAH for the military housing area including Staten Island. 

Subtitle B—Bonus and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for health 

care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

10 USC 131 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1417 

Sec. 616. Report regarding the national pilot shortage. 

Sec. 617. Special aviation incentive pay and bonus authorities for enlisted members 

who operate remotely piloted aircraft. 

Sec. 618. Technical and conforming amendments relating to 2008 consolidation of 

special pay authorities. 

Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits 

Sec. 621. Permanent extension and cost-of-living adjustments of special survivor indemnity allowances under the Survivor Benefit Plan. 

Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump sum 

payments of retired pay under the modernized retirement system for 

members of the uniformed services. 

Sec. 623. Technical correction regarding election to participate in modernized retirement system for reserve component members experiencing a break 

in service. 

Sec. 624. Technical corrections to use of member’s current pay grade and years of 

service in a division of property involving disposable retired pay. 

Sec. 625. Continuation pay for the Coast Guard. 

Subtitle D—Other Matters 

Sec. 631. Land conveyance authority, Army and Air Force Exchange Service property, Dallas, Texas. 

Sec. 632. Authority for the Secretaries of the military departments to provide for 

care of remains of those who die on active duty and are interred in a 

foreign cemetery. 

Sec. 633. Construction of domestic source requirement for footwear furnished to enlisted members of the Armed Forces on initial entry into the Armed 

Forces. 

Sec. 634. Review and update of regulations governing debt collectors interactions 

with unit commanders of members of the Armed Forces. 

Subtitle A—Pay and Allowances 

SEC. 601. ANNUAL ADJUSTMENT OF BASIC MONTHLY PAY. 

The adjustment in the rates of monthly basic pay required 

by subsection (a) of section 1009 of title 37, United States Code, 

to be made on January 1, 2018, shall take effect, notwithstanding 

any determination made by the President under subsection (e) 

of such section with respect to an alternative pay adjustment to 

be made on such date. 

SEC. 602. PROHIBITING COLLECTION OF ADDITIONAL AMOUNTS FROM 

MEMBERS LIVING IN UNITS UNDER MILITARY HOUSING 

PRIVATIZATION INITIATIVE. 

(a) PROHIBITION.—Subchapter IV of chapter 169 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2886. Prohibiting collection of amounts in addition to rent 

from members assigned to units 

‘‘(a) PROHIBITION.—An agreement for acquiring or constructing 

a military family housing unit or military unaccompanied housing 

unit under this subchapter which is entered into between the Secretary and an eligible entity shall prohibit the entity from imposing 

on a member of the armed forces who occupies the unit a supplemental payment, such as an out-of-pocket fee, in addition to the 

amount of rent the eligible entity charges for a unit of similar 

size and composition, without regard to whether or not the amount 

of the member’s basic allowance for housing is less than the amount 

of the rent. 

‘‘(b) PERMITTING CERTAIN ADDITIONAL PAYMENTS.—Nothing in 

this section shall be construed to prohibit an eligible entity from 

10 USC 2886. 

10 USC 1009 

note. 


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131 STAT. 1418 PUBLIC LAW 115–91—DEC. 12, 2017 

imposing an additional payment for optional services provided to 

residents, such as access to a gym or a parking space, or an 

additional payment for non-essential utility services, as determined 

in accordance with regulations promulgated by the Secretary. 

‘‘(c) NO EFFECT ON RENTAL GUARANTEES OR DIFFERENTIAL

LEASE PAYMENTS.—Nothing in this section shall be construed to 

limit or otherwise affect the authority of the Secretary to enter 

into rental guarantee agreements under section 2876 of this title 

or to make differential lease payments under section 2877 of this 

title, so long as such agreements or payments do not require a 

member of the armed forces who is assigned to a military family 

housing unit or military unaccompanied housing unit under this 

subchapter to pay an out-of-pocket fee or payment in addition 

to the member’s basic housing allowance.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for subchapter 

IV of chapter 169 of such title is amended by adding at the end 

the following new item: 

‘‘2886. Prohibiting collection of amounts in addition to rent from members assigned 

to units.’’. 

SEC. 603. LIMITATION ON MODIFICATION OF PAYMENT AUTHORITY 

FOR MILITARY HOUSING PRIVATIZATION INITIATIVE 

HOUSING. 

(a) IN GENERAL.—For each month during 2018, the Secretary 

of Defense shall pay to a lessor of covered housing 1 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. 

(b) DEFINITION.—In this section, the term ‘‘covered housing’’ 

means a unit of housing— 

(1) 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); 

(2) that is leased to a member of a uniformed service 

who resides in such unit; and 

(3) for which the lessor charges such member rent that 

equals or exceeds the amount calculated under section 

403(b)(3)(A) of title 37, United States Code. 

(c) GAO REVIEW.—Not later than March 1, 2018, the Comptroller General of the United States shall submit to the Committees 

on Armed Services of the House of Representatives and the Senate 

a review of the following: 

(1) The management of the Military Housing Privatization 

Initiative to date. 

(2) Plans for the Military Housing Privatization Initiative 

after March 1, 2018. 

(3) The viability of the Military Housing Privatization Initiative after March 1, 2018. 

(4) Alternatives to the Military Housing Privatization Initiative. 

SEC. 604. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE 

ARMED FORCES, AND THEIR SPOUSES AND OTHER 

DEPENDENTS, UNDERGOING A PERMANENT CHANGE OF 

STATION WITHIN THE UNITED STATES. 

(a) HOUSING TREATMENT.— 

10 USC 2871 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1419 

(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by inserting after section 403 the following new 

section: 

‘‘§ 403a. Housing treatment for certain members of the armed 

forces, and their spouses and other dependents, 

undergoing a permanent change of station within 

the United States 

‘‘(a) HOUSING TREATMENT FOR CERTAIN MEMBERS WHO HAVE

A SPOUSE OR OTHER DEPENDENTS.— ‘‘(1) HOUSING TREATMENT REGULATIONS.—The Secretary of 

Defense shall prescribe regulations that permit a member of 

the armed forces described in paragraph (2) who is undergoing 

a permanent change of station within the United States to 

request the housing treatment described in subsection (b) 

during the covered relocation period of the member. 

‘‘(2) ELIGIBLE MEMBERS.—A member described in this paragraph is any member who— 

‘‘(A) has a spouse who is gainfully employed or enrolled 

in a degree, certificate or license granting program at the 

beginning of the covered relocation period; 

‘‘(B) has one or more dependents attending an 

elementary or secondary school at the beginning of the 

covered relocation period; 

‘‘(C) has one or more dependents enrolled in the Exceptional Family Member Program; or 

‘‘(D) is caring for an immediate family member with 

a chronic or long-term illness at the beginning of the covered relocation period. 

‘‘(b) HOUSING TREATMENT.— 

‘‘(1) CONTINUATION OF HOUSING FOR THE SPOUSE AND OTHER

DEPENDENTS.—If a spouse or other dependent of a member 

whose request under subsection (a) is approved resides in 

Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other 

dependent may continue to reside in such housing during a 

period determined in accordance with the regulations prescribed 

pursuant to this section. 

‘‘(2) EARLY HOUSING ELIGIBILITY.—If a spouse or other 

dependent of a member whose request under subsection (a) 

is approved is eligible to reside in Government-owned or 

Government-leased housing following the member’s permanent 

change of station within the United States, the spouse or other 

dependent may commence residing in such housing at any 

time during the covered relocation period. 

‘‘(3) TEMPORARY USE OF GOVERNMENT-OWNED OR GOVERNMENT-LEASED HOUSING INTENDED FOR MEMBERS WITHOUT A

SPOUSE OR DEPENDENT.—If a spouse or other dependent of 

a member relocates at a time different from the member in 

accordance with a request approved under subsection (a), the 

member may be assigned to Government-owned or Governmentleased housing intended for the permanent housing of members 

without a spouse or dependent until the member’s detachment 

date or the spouse or other dependent’s arrival date, but only 

if such Government-owned or Government-leased housing is 

available without displacing a member without a spouse or 

dependent at such housing. 

10 USC 403a. 


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131 STAT. 1420 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(4) EQUITABLE BASIC ALLOWANCE FOR HOUSING.—If a 

spouse or other dependent of a member relocates at a time 

different from the member in accordance with a request 

approved under subsection (a), the amount of basic allowance 

for housing payable may be based on whichever of the following 

areas the Secretary concerned determines to be the most equitable: 

‘‘(A) The area of the duty station to which the member 

is reassigned. 

‘‘(B) The area in which the spouse or other dependent 

resides, but only if the spouse or other dependent resides 

in that area when the member departs for the duty station 

to which the member is reassigned, and only for the period 

during which the spouse or other dependent resides in 

that area. 

‘‘(C) The area of the former duty station of the member, 

but only if that area is different from the area in which 

the spouse or other dependent resides. 

‘‘(c) RULE OF CONSTRUCTION RELATED TO CERTAIN BASIC

ALLOWANCE FOR HOUSING PAYMENTS.—Nothing in this section shall 

be construed to limit the payment or the amount of basic allowance 

for housing payable under section 403(d)(3)(A) of this title to a 

member whose request under subsection (a) is approved. 

‘‘(d) HOUSING TREATMENT EDUCATION.—The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 include, as part of 

the assistance normally provided under such section, education 

about the housing treatment available under this section. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) COVERED RELOCATION PERIOD.—(A) Subject to subparagraph (B), the term ‘covered relocation period’, when used with 

respect to a permanent change of station of a member of the 

armed forces, means the period that— 

‘‘(i) begins 180 days before the date of the permanent 

change of station; and 

‘‘(ii) ends 180 days after the date of the permanent 

change of station. 

‘‘(B) The regulations prescribed pursuant to this section 

may provide for a shortening or lengthening of the covered 

relocation period of a member for purposes of this section. 

‘‘(2) DEPENDENT.—The term ‘dependent’ has the meaning 

given that term in section 401 of this title. 

‘‘(3) PERMANENT CHANGE OF STATION.—The term ‘permanent change of station’ means a permanent change of station 

described in section 452(b)(2) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 7 such title is amended by inserting after 

the item relating to section 403 the following new item: 

‘‘403a. Housing treatment for certain members of the armed forces, and their 

spouses and other dependents, undergoing a permanent change of station within the United States.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2018. 

37 USC 403a 

note. 

37 USC 401 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1421 

SEC. 605. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 

INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 

UNDER CERTAIN CIRCUMSTANCES. 

Section 403(b)(7)(E) of title 37, United States Code, is amended 

by striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’. 

SEC. 606. REEVALUATION OF BAH FOR THE MILITARY HOUSING AREA 

INCLUDING STATEN ISLAND. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense, using the most recent data 

available to the Secretary, shall reevaluate the basic housing allowance prescribed under section 403(b) of title 37, United States 

Code, for the military housing area that includes Staten Island, 

New York. 

Subtitle B—Bonus and Special and 

Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2017’’ and inserting ‘‘December 

31, 2018’’: 

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation 

or enlistment bonus. 

(3) Section 308d(c), relating to special pay for enlisted 

members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 478a(e), relating to reimbursement of travel 

expenses for inactive-duty training outside of normal commuting distance. 

(8) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2017’’ 

and inserting ‘‘December 31, 2018’’: 

(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. 

(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2017’’ 

and inserting ‘‘December 31, 2018’’: 


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131 STAT. 1422 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) Section 302c-1(f), relating to accession and retention 

bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected 

Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental 

officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy 

officers. 

(7) Section 302k(f), relating to accession bonus for medical 

officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental 

specialist officers in critically short wartime specialties. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 

AUTHORITIES FOR NUCLEAR OFFICERS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2017’’ and inserting ‘‘December 

31, 2018’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 

SEC. 614. ONE-YEAR EXTENSION OF 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, 2017’’ and inserting ‘‘December 

31, 2018’’: 

(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 333(i), relating to special bonus and incentive 

pay authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 336(g), relating to contracting bonus for cadets 

and midshipmen enrolled in the Senior Reserve Officers’ 

Training Corps. 

(7) Section 351(h), relating to hazardous duty pay. 

(8) Section 352(g), relating to assignment pay or special 

duty pay. 

(9) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(10) Section 355(h), relating to retention incentives for 

members qualified in critical military skills or assigned to 

high priority units. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1423 

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2017’’ and inserting ‘‘December 

31, 2018’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 316a(g), relating to incentive pay for members 

of precommissioning programs pursuing foreign language proficiency. 

(6) Section 324(g), relating to accession bonus for new officers in critical skills. 

(7) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 

(8) Section 327(h), relating to incentive bonus for transfer 

between Armed Forces. 

(9) Section 330(f), relating to accession bonus for officer 

candidates. 

SEC. 616. REPORT REGARDING THE NATIONAL PILOT SHORTAGE. 

(a) IN GENERAL.—Not later than April 30, 2018, the Comptroller 

General of the United States shall submit to the Committees on 

Armed Services of the House of Representatives and the Senate 

a report regarding the extent of the national pilot shortage and 

the impact that such shortage has on the ability of the Department 

of Defense to retain pilots. 

(b) ELEMENTS.—The report under subsection (a) shall include 

assessments of the following: 

(1) The severity of the national pilot shortage, including 

which of the following are most acutely affected by such shortage— 

(A) geographic areas of the United States; and 

(B) sectors of the commercial aviation industry; 

(2) Compensation practices within the commercial aviation 

industry, including whether and how such practices affect the 

ability of the Department of Defense to retain pilots. 

(3) The annual business case of the Secretary of the Air 

Force for aviation bonus payments under section 334(c)(2) of 

title 37, United States Code, specifically— 

(A) whether the business case meets the requirements 

under such section of title 37; 

(B) whether the business case justifies the bonus 

amount for each aircraft type category; and 

(C) whether projections indicate that the business case 

will reduce the pilot shortage, and, if so, how quickly for 

each aircraft type category. 

(4) Non-monetary incentives the Secretary of the Air Force 

has used to retain pilots. 

(5) Other incentives available under current law and policies of the Department of Defense to increase retention of 

pilots. 

(6) Such other matters as the Comptroller General considers appropriate. 


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131 STAT. 1424 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES FOR ENLISTED MEMBERS WHO OPERATE REMOTELY 

PILOTED AIRCRAFT. 

(a) IN GENERAL.—Chapter 5 of title 37, United States Code, 

is amended by inserting after section 334 the following new section: 

‘‘§ 334a. Special aviation incentive pay and bonus authorities: 

enlisted members who operate remotely piloted 

aircraft 

‘‘(a) AVIATION INCENTIVE PAY.— ‘‘(1) INCENTIVE PAY AUTHORIZED.—The Secretary concerned 

may pay aviation incentive pay under this section to an enlisted 

member in a regular or reserve component of a uniformed 

service who— 

‘‘(A) is entitled to basic pay under section 204 of this 

title or compensation under 206 of this title; 

‘‘(B) is designated as a remotely piloted aircraft pilot, 

or is in training leading to such a designation; 

‘‘(C) engages in, or is in training leading to, frequent 

and regular performance of operational flying duty or proficiency flying duty; 

‘‘(D) engages in or remains in aviation service for a 

specified period; and 

‘‘(E) meets such other criteria as the Secretary concerned determines appropriate. 

‘‘(2) ENLISTED MEMBERS NOT CURRENTLY ENGAGED IN

FLYING DUTY.—The Secretary concerned may pay aviation 

incentive pay under this section to an enlisted member who 

is otherwise qualified for such pay but who is not currently 

engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment 

of aviation pay to that enlisted member is in the best interests 

of the service. 

‘‘(b) AVIATION BONUS.—The Secretary concerned may pay an 

aviation bonus under this section to an enlisted member in a 

regular or reserve component of a uniformed service who— 

‘‘(1) is entitled to aviation incentive pay under subsection 

(a); 

‘‘(2) is within one year of completing the enlistment of 

the member; 

‘‘(3) reenlists or voluntarily extends the enlistment of the 

member— 

‘‘(A) for a period of at least one year; or 

‘‘(B) in the case of an enlisted member serving pursuant 

to an indefinite reenlistment, executes a written agreement— 

‘‘(i) to remain on active duty for a period of at 

least one year; or 

‘‘(ii) to remain in an active status in a reserve 

component for a period of at least one year; and 

‘‘(4) meets such other criteria as the Secretary concerned 

determines appropriate. 

‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

‘‘(1) MAXIMUM AMOUNT.—The Secretary concerned shall 

determine the amount of a bonus or incentive pay to be paid 

under this section, except that— 

37 USC 334a. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1425 

‘‘(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,000 per month; 

and 

‘‘(B) an aviation bonus under subsection (b) may not 

exceed $35,000 for each 12-month period of obligated 

service agreed to under subsection (d). 

‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus under this 

section may be paid in a lump sum or in periodic installments, 

as determined by the Secretary concerned. 

‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under 

the agreement shall be fixed. 

‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive an aviation 

bonus under this section, an enlisted member determined to be 

eligible for the bonus shall enter into a written agreement with 

the Secretary concerned that specifies— 

‘‘(1) the amount of the bonus; 

‘‘(2) the method of payment of the bonus under subsection 

(c)(2); 

‘‘(3) the period of obligated service; and 

‘‘(4) the type or conditions of the service. 

‘‘(e) RESERVE COMPONENT ENLISTED MEMBERS PERFORMING

INACTIVE DUTY TRAINING.—An enlisted member of reserve component who is entitled to compensation under section 206 of this 

title and who is authorized aviation incentive pay under this section 

may be paid an amount of incentive pay that is proportionate 

to the compensation received under section 206 of this title for 

inactive-duty training. 

‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— 

‘‘(1) AVIATION INCENTIVE PAY.—Aviation incentive pay paid 

to an enlisted member under subsection (a) shall be in addition 

to any other pay and allowance to which the enlisted member 

is entitled, except that an enlisted member may not receive 

a payment under such subsection and section 351(a)(2) or 353(a) 

of this title for the same skill and period of service. 

‘‘(2) AVIATION BONUS.—An aviation bonus paid to an 

enlisted member under subsection (b) shall be in addition to 

any other pay and allowance to which the enlisted member 

is entitled, except that an enlisted member may not receive 

a bonus payment under such subsection and section 331 or 

353(b) of this title for the same skill and period of service. 

‘‘(g) REPAYMENT.—An enlisted member who receives aviation 

incentive pay or an aviation bonus under this section and who 

fails to fulfill the eligibility requirements for the receipt of the 

incentive pay or bonus or complete the period of service for which 

the incentive pay or bonus is paid, as specified in the written 

agreement under subsection (d) in the case of a bonus, shall be 

subject to the repayment provisions of section 373 of this title. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) AVIATION SERVICE.—The term ‘aviation service’ means 

participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible enlisted 

member who is a remotely piloted aircraft pilot. 

‘‘(2) OPERATIONAL FLYING DUTY.—The term ‘operational 

flying duty’ means flying performed under competent orders 

by enlisted members of the regular or reserve components 


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131 STAT. 1426 PUBLIC LAW 115–91—DEC. 12, 2017 

while serving in assignments in which basic flying skills are 

normally maintained in the performance of assigned duties 

as determined by the Secretary concerned, and flying duty 

performed by members in training that leads to designation 

as a remotely piloted aircraft pilot by the Secretary concerned. 

‘‘(3) PROFICIENCY FLYING DUTY.—The term ‘proficiency 

flying duty’ means flying performed under competent orders 

by enlisted members of the regular or reserve components 

while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. 

‘‘(i) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2018.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the 

item relating to section 334 the following new item: 

‘‘334a. Special aviation incentive pay and bonus authorities: enlisted members who 

operate remotely piloted aircraft.’’. 

SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 

2008 CONSOLIDATION OF SPECIAL PAY AUTHORITIES. 

(a) REPAYMENT PROVISIONS.— 

(1) TITLE 10.—The following provisions of title 10, United 

States Code, are each amended by inserting ‘‘or 373’’ before 

‘‘of title 37’’: 

(A) Section 510(i). 

(B) Subsections (a)(3) and (c) of section 2005. 

(C) Paragraphs (1) and (2) of section 2007(e). 

(D) Section 2105. 

(E) Section 2123(e)(1)(C). 

(F) Section 2128(c). 

(G) Section 2130a(d). 

(H) Section 2171(g). 

(I) Section 2173(g)(2). 

(J) Paragraphs (1) and (2) of section 2200a(e). 

(K) Section 4348(f). 

(L) Section 6959(f). 

(M) Section 9348(f). 

(N) Subsections (a)(2) and (b) of section 16135. 

(O) Section 16203(a)(1)(B). 

(P) Section 16301(h). 

(Q) Section 16303(d). 

(R) Paragraphs (1) and (2) of section 16401(f). 

(2) TITLE 14.—Section 182(g) of title 14, United States 

Code, is amended by inserting ‘‘or 373’’ before ‘‘of title 37’’. 

(b) OFFICERS APPOINTED PURSUANT TO AN AGREEMENT UNDER

SECTION 329 OF TITLE 37.—Section 641 of title 10, United States 

Code, is amended by striking paragraph (6). 

(c) REENLISTMENT LEAVE.—The matter preceding paragraph 

(1) of section 703(b) of title 10, United States Code, is amended 

by inserting ‘‘or paragraph (1) or (3) of section 351(a)’’ after ‘‘section 

310(a)(2)’’. 

(d) REST AND RECUPERATION ABSENCE FOR QUALIFIED MEMBERS

EXTENDING DUTY AT DESIGNATED LOCATION OVERSEAS.—The matter 

following paragraph (4) of section 705(a) of title 10, United States 

Code, is amended by inserting ‘‘or 352’’ after ‘‘section 314’’. 

(e) REST AND RECUPERATION ABSENCE FOR CERTAIN MEMBERS

UNDERGOING EXTENDED DEPLOYMENT TO COMBAT ZONE.—Section 

37 USC 301 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1427 

705a(b)(1)(B) of title 10, United States Code, is amended by 

inserting ‘‘or 352(a)’’ after ‘‘section 305’’. 

(f) ADDITIONAL INCENTIVES FOR HEALTH PROFESSIONALS OF THE

INDIAN HEALTH SERVICE.—Section 116(a) of the Indian Health Care 

Improvement Act (25 U.S.C. 1616i(a)) is amended by inserting 

‘‘or 335(b)’’ after ‘‘section 302(b)’’. 

(g) MILITARY PAY AND ALLOWANCES CONTINUANCE WHILE IN

A MISSING STATUS.—Section 552(a)(2) of title 37, United States 

Code, is amended by inserting ‘‘or section 351(a)(2)’’ after ‘‘section 

301’’. 

(h) MILITARY PAY AND ALLOWANCES.—Section 907(d) of title 

37, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by inserting ‘‘or 351’’ after 

‘‘section 301’’; 

(B) in subparagraph (B), by inserting ‘‘or 352’’ after 

‘‘section 301c’’; 

(C) in subparagraph (C), by inserting ‘‘or 353(a)’’ after 

‘‘section 304’’; 

(D) in subparagraph (D), by inserting ‘‘or 352’’ after 

‘‘section 305’’; 

(E) in subparagraph (E), by inserting ‘‘or 352’’ after 

‘‘section 305a’’; 

(F) in subparagraph (F), by inserting ‘‘or 352’’ after 

‘‘section 305b’’; 

(G) in subparagraph (G), by inserting ‘‘or 352’’ after 

‘‘section 307a’’; 

(H) in subparagraph (I), by inserting ‘‘or 352’’ after 

‘‘section 314’’; 

(I) in subparagraph (J), by striking ‘‘316’’ and inserting 

‘‘353(b)’’; and 

(J) in subparagraph (K), by striking ‘‘323’’ and inserting 

‘‘section 355’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A), by inserting ‘‘or 352’’ after 

‘‘section 307’’; 

(B) in subparagraph (B), by striking ‘‘308’’ and 

inserting ‘‘331’’; 

(C) in subparagraph (C), by striking ‘‘309’’ and 

inserting ‘‘331’’; and 

(D) in subparagraph (D), by inserting ‘‘or 353’’ after 

‘‘section 320’’. 

(i) PAY AND ALLOWANCES OF OFFICERS OF THE PUBLIC HEALTH

SERVICE.—Section 208(a)(2) of the Public Health Service Act (42 

U.S.C. 210(a)(2)) is amended by inserting ‘‘or 373’’ after ‘‘303a(b)’’. 

Subtitle C—Disability Pay, Retired Pay, 

and Survivor Benefits 

SEC. 621. PERMANENT EXTENSION AND COST-OF-LIVING ADJUSTMENTS OF SPECIAL SURVIVOR INDEMNITY ALLOWANCES 

UNDER THE SURVIVOR BENEFIT PLAN. 

Section 1450(m) of title 10, United States Code, is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (H), by striking ‘‘and’’ at the end; 

and 


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131 STAT. 1428 PUBLIC LAW 115–91—DEC. 12, 2017 

(B) by striking subparagraph (I) and inserting the following new subparagraphs: 

‘‘(I) for months from October 2016 through December 2018, $310; and 

‘‘(J) for months during any calendar year after 2018, 

the amount determined in accordance with paragraph (6).’’; 

and 

(2) by striking paragraph (6) and inserting the following 

new paragraph (6): 

‘‘(6) COST-OF-LIVING ADJUSTMENTS AFTER 2018.— ‘‘(A) IN GENERAL.—The amount of the allowance payable under paragraph (1) for months during any calendar 

year beginning after 2018 shall be— 

‘‘(i) the amount payable pursuant to paragraph 

(2) for months during the preceding calendar year, 

plus 

‘‘(ii) an amount equal to the percentage of the 

amount determined pursuant to clause (i) which 

percentage is equal to the percentage increase in 

retired pay of members and former members of the 

armed forces for such calendar year under section 

1401a of this title. 

‘‘(B) PUBLIC NOTICE ON AMOUNT OF ALLOWANCE PAYABLE.—The Secretary of Defense shall publish in the Federal Register each year the amount of the allowance payable under paragraph (1) for months in such year by reason 

of the operation of this paragraph.’’. 

SEC. 622. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR MEMBERS 

ELECTING LUMP SUM PAYMENTS OF RETIRED PAY UNDER 

THE MODERNIZED RETIREMENT SYSTEM FOR MEMBERS 

OF THE UNIFORMED SERVICES. 

(a) DEFINITION OF BASE AMOUNT.—Section 1447(6)(A) of title 

10, United States Code, is amended in the matter preceding clause 

(i) by inserting ‘‘or 1415(b)(1)(B)’’ after ‘‘section 1409(b)(2)’’. 

(b) COORDINATION WITH REDUCTIONS IN RETIRED PAY.—Section 

1452 of such title is amended— 

(1) in subsection (a)(1), by inserting ‘‘, other than retired 

pay received as a lump sum under section 1415(b)(1)(A) of 

this title,’’ in the matter preceding subparagraph (A) after 

‘‘, the retired pay’’; 

(2) in subsection (b)(1), by inserting ‘‘, other than retired 

pay received as a lump sum under section 1415(b)(1)(A) of 

this title,’’ after ‘‘The retired pay’’; and 

(3) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘, other than retired 

pay received as a lump sum under section 1415(b)(1)(A) 

of this title,’’ after ‘‘The retired pay’’; and 

(B) in paragraph (4), by inserting ‘‘or 1415(b)(1)(B)’’ 

after ‘‘section 1409(b)(2)’’. 

SEC. 623. TECHNICAL CORRECTION REGARDING ELECTION TO 

PARTICIPATE IN MODERNIZED RETIREMENT SYSTEM FOR 

RESERVE COMPONENT MEMBERS EXPERIENCING A BREAK 

IN SERVICE. 

(a) PERSONS EXPERIENCING A BREAK IN SERVICE.—Section 

12739(f)(2)(B)(iii) of title 10, United States Code, is amended by 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1429 

striking ‘‘on the date of the reentry’’ and inserting ‘‘within 30 

days after the date of the reentry’’. 

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

shall take effect on January 1, 2018, immediately after the coming 

into effect of the amendment made by section 631(b) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 129 Stat. 843), to which the amendment made by subsection 

(a) relates. 

SEC. 624. TECHNICAL CORRECTIONS TO USE OF MEMBER’S CURRENT 

PAY GRADE AND YEARS OF SERVICE IN A DIVISION OF 

PROPERTY INVOLVING DISPOSABLE RETIRED PAY. 

(a) IN GENERAL.—Section 1408 of title 10, United States Code, 

is amended— 

(1) in subsection (a)(4)— 

(A) in the matter preceding clause (i) of subparagraph 

(A), by striking ‘‘(as determined pursuant to subparagraph 

(B)’’; and 

(B) by striking subparagraph (B) and inserting the 

following new subparagraph (B): 

‘‘(B) For purposes of subparagraph (A), in the case of a 

division of property as part of a final decree of divorce, dissolution, annulment, or legal separation that becomes final prior 

to the date of a member’s retirement, the total monthly retired 

pay to which the member is entitled shall be— 

‘‘(i) in the case of a member not described in clause 

(ii), the amount of retired pay to which the member would 

have been entitled using the member’s retired pay base 

and years of service on the date of the decree of divorce, 

dissolution, annulment, or legal separation, as computed 

under section 1406 or 1407 of this title, whichever is 

applicable, increased by the sum of the cost-of-living adjustments that— 

‘‘(I) would have occurred under section 1401a(b) 

of this title between the date of the decree of divorce, 

dissolution, annulment, or legal separation and the 

time of the member’s retirement using the adjustment 

provisions under section 1401a of this title applicable 

to the member upon retirement; and 

‘‘(II) occur under 1401a of this title after the member’s retirement; or 

‘‘(ii) in the case of a member who becomes entitled 

to retired pay pursuant to chapter 1223 of this title, the 

amount of retired pay to which the member would have 

been entitled using the member’s retired pay base and 

creditable service points on the date of the decree of divorce, 

dissolution, annulment, or legal separation, as computer 

under chapter 1223 of this title, increased by the sum 

of the cost-of-living adjustments as described in clause 

(i) that apply with respect to the member.’’; and 

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

new paragraph: 

‘‘(8) A division of property award computed as a percentage 

of a member’s disposable retired pay shall be increased by the 

same percentage as any cost-of-living adjustment made under section 1401a after the member’s retirement.’’. 

10 USC 12739 

note. 


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131 STAT. 1430 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on December 23, 2016, as if enacted immediately 

following the enactment of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328) to which such amendments relate. 

(c) APPLICABILITY.—The amendments made by subsection (a) 

shall apply with respect to any division of property as part of 

a final decree of divorce, dissolution, annulment, or legal separation 

involving a member of the Armed Forces to which section 1408 

of title 10, United States Code, applies that becomes final after 

December 23, 2016. 

SEC. 625. CONTINUATION PAY FOR THE COAST GUARD. 

For providing continuation pay for the United States Coast 

Guard under section 356 of title 37, United States Code, funds 

are hereby authorized to be appropriated for fiscal year 2018 in 

the amount of $3,286,277. 

Subtitle D—Other Matters 

SEC. 631. LAND CONVEYANCE AUTHORITY, ARMY AND AIR FORCE 

EXCHANGE SERVICE PROPERTY, DALLAS, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Army and Air Force 

Exchange Service may convey, by sale, exchange, or a combination 

thereof, all right, title, and interest of the United States in and 

to a parcel of real property, including improvements thereon, that— 

(1) is located at 8901 Autobahn Drive in Dallas, Texas; 

and 

(2) was purchased using nonappropriated funds of the Army 

and Air Force Exchange Service. 

(b) CONSIDERATION.— 

(1) IN GENERAL.—Consideration for the real property conveyed under subsection (a) shall be at least equal to the fair 

market value of the property, as determined by the Army 

and Air Force Exchange Service. 

(2) TREATMENT OF CASH CONSIDERATION.—Notwithstanding 

section 574 of title 40, United States Code, any cash consideration received from the conveyance of the property under subsection (a) may be retained by the Army and Air Force 

Exchange Service because the property was acquired using 

nonappropriated funds. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Army and 

Air Force Exchange Service. The recipient of the property shall 

be required to cover the cost of the survey. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Army and Air 

Force Exchange Service may require such additional terms and 

conditions in connection with the conveyance under subsection (a) 

as the Army and Air Force Exchange Service considers appropriate 

to protect the interests of the United States. 

(e) INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Section 

2696 of title 10, United States Code, shall not apply to a conveyance 

of property under this section. 

10 USC 1408 

note. 

10 USC 1408 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1431 

SEC. 632. AUTHORITY FOR THE SECRETARIES OF THE MILITARY 

DEPARTMENTS TO PROVIDE FOR CARE OF REMAINS OF 

THOSE WHO DIE ON ACTIVE DUTY AND ARE INTERRED 

IN A FOREIGN CEMETERY. 

Section 1482(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(10) In the case of a decedent under the jurisdiction of 

a Secretary of a military department at the time of death, 

enduring care of remains interred in a foreign cemetery if 

the burial location was designated by such Secretary.’’. 

SEC. 633. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR 

FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE 

ARMED FORCES ON INITIAL ENTRY INTO THE ARMED 

FORCES. 

Section 418(d) of title 37, United States Code, is amended 

by adding at the end the following new paragraphs: 

‘‘(4) This subsection does not apply to the furnishing of athletic 

footwear to members of the Army, the Navy, the Air Force, or 

the Marine Corps upon their initial entry into the armed forces, 

or prohibit the provision of a cash allowance to such members 

for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract 

for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of 

supply for such footwear. 

‘‘(5) The Secretary of Defense shall ensure that all procurements 

of athletic footwear to which this subsection applies are made 

using firm fixed price contracts.’’. 

SEC. 634. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT 

COLLECTORS INTERACTIONS WITH UNIT COMMANDERS OF 

MEMBERS OF THE ARMED FORCES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall review and update Department of Defense Directive 1344.09 and any associated regulations 

to ensure that such regulations comply with Federal consumer 

protection laws with respect to the collection of debt. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE and Other Health Care Benefits 

Sec. 701. Continued access to medical care at facilities of the uniformed services for 

certain members of the reserve components. 

Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy 

Benefits Program and treatment of certain pharmaceutical agents. 

Sec. 703. Provision of hyperbaric oxygen therapy for certain members of the Armed 

Forces. 

Sec. 704. Specification that individuals under the age of 21 are eligible for hospice 

care services under the TRICARE program. 

Sec. 705. Physical examinations for members of a reserve component who are separating from the Armed Forces. 

Sec. 706. Mental health assessments before members separate from the Armed 

Forces. 

Sec. 707. Expansion of sexual trauma counseling and treatment for members of the 

reserve components. 

Sec. 708. Expedited evaluation and treatment for prenatal surgery under the 

TRICARE program. 

5 USC 5520a 

note. 


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131 STAT. 1432 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle B—Health Care Administration 

Sec. 711. Maintenance of inpatient capabilities of military medical treatment facilities located outside the United States. 

Sec. 712. Modification of priority for evaluation and treatment of individuals at 

military treatment facilities. Sec. 713. Clarification of administration of military medical treatment facilities. 

Sec. 714. Regular update of prescription drug pricing standard under TRICARE retail pharmacy program. Sec. 715. Modification of execution of TRICARE contracting responsibilities. 

Sec. 716. Additional emergency uses for medical products to reduce deaths and severity of injuries caused by agents of war. Sec. 717. Modification of determination of average wait times at urgent care clinics 

and pharmacies at military medical treatment facilities under pilot program. Sec. 718. Requirement for reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to 

covered beneficiaries. 

Sec. 719. Extension of authority for Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund. Sec. 720. Residency requirements for podiatrists. 

Sec. 721. Authorization of physical therapist assistants and occupational therapy 

assistants to provide services under the TRICARE program. Sec. 722. Selection of military commanders and directors of military medical treatment facilities. 

Subtitle C—Reports and Other Matters 

Sec. 731. Pilot program on health care assistance system. 

Sec. 732. Feasibility study on conduct of pilot program on mental health readiness 

of part-time members of the reserve components of the Armed Forces. Sec. 733. Report on plan to improve pediatric care and related services for children 

of members of the Armed Forces. 

Sec. 734. Longitudinal medical study on blast pressure exposure of members of the 

Armed Forces. 

Sec. 735. Study on safe opioid prescribing practices. 

Sec. 736. Report on implementation of GAO recommendations. 

Sec. 737. Declassification by Department of Defense of certain incidents of exposure 

of members of the Armed Forces to toxic substances. 

Sec. 738. Coordination by Veterans Health Administration of efforts to understand 

effects of burn pits. Sec. 739. TRICARE technical amendments. 

Subtitle A—TRICARE and Other Health 

Care Benefits 

SEC. 701. CONTINUED ACCESS TO MEDICAL CARE AT FACILITIES OF 

THE UNIFORMED SERVICES FOR CERTAIN MEMBERS OF 

THE RESERVE COMPONENTS. 

(a) TRICARE RESERVE SELECT.—Paragraph (2) of section 

1076d(f) of title 10, United States Code, is amended to read as 

follows: 

‘‘(2) The term ‘TRICARE Reserve Select’ means— 

‘‘(A) medical care at facilities of the uniformed services 

to which a dependent described in section 1076(a)(2) of 

this title is entitled; and 

‘‘(B) health benefits under the TRICARE Select selfmanaged, preferred provider network option under section 

1075 of this title made available to beneficiaries by reason 

of this section and subject to the cost-sharing requirements 

set forth in such section 1075.’’. 

(b) TRICARE RETIRED RESERVE.—Section 1076e is amended— 

(1) In subsection (b), in the subsection heading, by striking 

‘‘RETIRED RESERVE’’; 

(2) In subsection (c), by striking ‘‘Retired Reserve’’ the 

last place it appears; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1433 

(3) in subsection (f), by striking paragraph (2) and inserting 

the following: 

‘‘(2) The term ‘TRICARE Retired Reserve’ means— 

‘‘(A) medical care at facilities of the uniformed services 

to which a dependent described in section 1076(a)(2) of 

this title is entitled; and 

‘‘(B) health benefits under the TRICARE Select selfmanaged, preferred provider network option under section 

1075 of this title made available to beneficiaries by reason 

of this section and subject to the cost-sharing requirements 

set forth in such section 1075.’’. 

SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE 

TRICARE PHARMACY BENEFITS PROGRAM AND TREATMENT OF CERTAIN PHARMACEUTICAL AGENTS. 

(a) IN GENERAL.—Paragraph (6) of section 1074g(a) of title 

10, United States Code, is amended to read as follows: 

‘‘(6)(A) In the case of any of the years 2018 through 2027, 

the cost-sharing amounts under this subsection for eligible covered 

beneficiaries shall be determined in accordance with the following 

table: 

‘‘For: 

The costsharing 

amount for 

a 30-day 

supply of a 

retail generic is: 

The costsharing 

amount for 

a 30-day 

supply of a 

retail formulary is: 

The costsharing 

amount for 

a 90-day 

supply of a 

mail order 

generic is: 

The costsharing 

amount for 

a 90-day 

supply of a 

mail order 

formulary 

is: 

The costsharing 

amount for 

a 90-day 

supply of a 

mail order 

non-formulary is: 

2018 $11 $28 $7 $24 $53 

2019 $11 $28 $7 $24 $53 

2020 $13 $33 $10 $29 $60 

2021 $13 $33 $10 $29 $60 

2022 $14 $38 $12 $34 $68 

2023 $14 $38 $12 $34 $68 

2024 $16 $43 $13 $38 $76 

2025 $16 $43 $13 $38 $76 

2026 $16 $48 $14 $44 $85 

2027 $16 $48 $14 $44 $85 

‘‘(B) For any year after 2027, the cost-sharing amounts under 

this subsection for eligible covered beneficiaries shall be equal to 

the cost-sharing amounts for the previous year adjusted by an 

amount, if any, determined by the Secretary to reflect changes 

in the costs of pharmaceutical agents and prescription dispensing, 

rounded to the nearest dollar. 

‘‘(C) Notwithstanding subparagraphs (A) and (B), the costsharing amounts under this subsection for a dependent of a member 


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131 STAT. 1434 PUBLIC LAW 115–91—DEC. 12, 2017 

of the uniformed services who dies while on active duty, a member 

retired under chapter 61 of this title, or a dependent of a member 

retired under such chapter shall be equal to the cost-sharing 

amounts, if any, for 2017.’’. 

(b) TREATMENT OF CERTAIN PHARMACEUTICAL AGENTS.— 

(1) PHARMACY BENEFITS PROGRAM.—Such section is 

amended by adding at the end the following new paragraph: 

‘‘(10) Notwithstanding paragraphs (2), (5), and (6), in order 

to encourage the use by covered beneficiaries of pharmaceutical 

agents that provide the best clinical effectiveness to covered beneficiaries and the Department of Defense (as determined by the 

Secretary, including considerations of better care, healthier people, 

and smarter spending), the Secretary may, upon the recommendation of the Pharmacy and Therapeutics Committee established 

under subsection (b) and review by the Uniform Formulary Beneficiary Advisory Panel established under subsection (c)— 

‘‘(A) exclude from the pharmacy benefits program any 

pharmaceutical agent that the Secretary determines provides 

very little or no clinical effectiveness to covered beneficiaries 

and the Department under the program; and 

‘‘(B) give preferential status to any non-generic pharmaceutical agent on the uniform formulary by treating it, for 

purposes of cost-sharing under paragraph (6), as a generic 

product under the TRICARE retail pharmacy program and 

mail order pharmacy program.’’. 

(2) MEDICAL CONTRACTS.—Section 1079 of such title is 

amended by adding at the end the following new subsection: 

‘‘(q) In the case of any pharmaceutical agent (as defined in 

section 1074g(g) of this title) provided under a contract entered 

into under this section by a physician, in an outpatient department 

of a hospital, or otherwise as part of any medical services provided 

under such a contract, the Secretary of Defense may, under regulations prescribed by the Secretary, adopt special reimbursement 

methods, amounts, and procedures to encourage the use of highvalue products and discourage the use of low-value products, as 

determined by the Secretary.’’. 

(3) REGULATIONS.—In order to implement expeditiously the 

reforms authorized by the amendments made by paragraphs 

(1) and (2), the Secretary of Defense may prescribe such changes 

to the regulations implementing the TRICARE program (as 

defined in section 1072 of title 10, United States Code) as 

the Secretary considers appropriate— 

(A) by prescribing an interim final rule; and 

(B) not later than one year after prescribing such 

interim final rule and considering public comments with 

respect to such interim final rule, by prescribing a final 

rule. 

SEC. 703. PROVISION OF HYPERBARIC OXYGEN THERAPY FOR CERTAIN 

MEMBERS OF THE ARMED FORCES. 

(a) HBOT TREATMENT.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1074n the following 

new section: 

10 USC 1074g 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1435 

‘‘§ 1074o. Provision of hyperbaric oxygen therapy for certain 

members 

‘‘(a) IN GENERAL.—The Secretary may furnish hyperbaric 

oxygen therapy available at a military medical treatment facility 

to a covered member if such therapy is prescribed by a physician 

to treat post-traumatic stress disorder or traumatic brain injury. 

‘‘(b) COVERED MEMBER DEFINED.—In this section, the term 

‘covered member’ means a member of the armed forces who is— 

‘‘(1) serving on active duty; and 

‘‘(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 1074n the following new item: 

‘‘1074o. Provision of hyperbaric oxygen therapy for certain members.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect 90 days after the date of the enactment of 

this Act. 

SEC. 704. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 

ARE ELIGIBLE FOR HOSPICE CARE SERVICES UNDER THE 

TRICARE PROGRAM. 

Section 1079(a)(15) of title 10, United States Code, is amended 

by inserting before the period at the end the following: ‘‘, except 

that hospice care may be provided to an individual under the 

age of 21 concurrently with health care services or hospitalization 

for the same condition’’. 

SEC. 705. PHYSICAL EXAMINATIONS FOR MEMBERS OF A RESERVE 

COMPONENT WHO ARE SEPARATING FROM THE ARMED 

FORCES. 

Section 1145 of title 10, United States Code, 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) PHYSICAL EXAMINATIONS FOR CERTAIN MEMBERS OF A

RESERVE COMPONENT.—(1) The Secretary concerned shall provide 

a physical examination pursuant to subsection (a)(5) to each 

member of a reserve component who— 

‘‘(A) during the two-year period before the date on which 

the member is scheduled to be separated from the armed forces 

served on active duty in support of a contingency operation 

for a period of more than 30 days; 

‘‘(B) will not otherwise receive such an examination under 

such subsection; and 

‘‘(C) elects to receive such a physical examination. 

‘‘(2) The Secretary concerned shall— 

‘‘(A) provide the physical examination under paragraph 

(1) to a member during the 90-day period before the date 

on which the member is scheduled to be separated from the 

armed forces; and 

‘‘(B) issue orders to such a member to receive such physical 

examination. 

10 USC 1074o 

note. 

10 USC 1071 

prec. 

10 USC 1074o. 


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‘‘(3) A member may not be entitled to health care benefits 

pursuant to subsection (a), (b), or (c) solely by reason of being 

provided a physical examination under paragraph (1). 

‘‘(4) In providing to a member a physical examination under 

paragraph (1), the Secretary concerned shall provide to the member 

a record of the physical examination.’’. 

SEC. 706. MENTAL HEALTH ASSESSMENTS BEFORE MEMBERS SEPARATE FROM THE ARMED FORCES. 

(a) IN GENERAL.—Section 1145(a)(5)(A) of title 10, United States 

Code, is amended by inserting ‘‘and a mental health assessment 

conducted pursuant to section 1074n of this title’’ after ‘‘a physical 

examination’’. 

(b) CONFORMING AMENDMENT.—Section 1074n(a) of such title 

is amended by inserting ‘‘(and before separation from active duty 

pursuant to section 1145(a)(5)(A) of this title)’’ after ‘‘each calendar 

year’’. 

SEC. 707. EXPANSION OF SEXUAL TRAUMA COUNSELING AND TREATMENT FOR MEMBERS OF THE RESERVE COMPONENTS. 

Section 1720D(a)(2)(A) of title 38, United States Code, is 

amended— 

(1) by striking ‘‘on active duty’’; and 

(2) by inserting before the period at the end the following: 

‘‘that was suffered by the member while serving on active 

duty, active duty for training, or inactive duty training’’. 

SEC. 708. EXPEDITED EVALUATION AND TREATMENT FOR PRENATAL 

SURGERY UNDER THE TRICARE PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense shall implement 

processes and procedures to ensure that a covered beneficiary under 

the TRICARE program whose pregnancy is complicated with (or 

suspected of complication with) a fetal condition may elect to receive 

expedited evaluation, nondirective counseling, and medical treatment from a perinatal or pediatric specialist capable of providing 

surgical management and intervention in utero. 

(b) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the meanings given those 

terms in section 1072 of title 10, United States Code. 

Subtitle B—Health Care Administration 

SEC. 711. MAINTENANCE OF INPATIENT CAPABILITIES OF MILITARY 

MEDICAL TREATMENT FACILITIES LOCATED OUTSIDE THE 

UNITED STATES. 

Section 1073d of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(e) MAINTENANCE OF INPATIENT CAPABILITIES AT MILITARY

MEDICAL TREATMENT FACILITIES LOCATED OUTSIDE THE UNITED

STATES.—(1) In carrying out subsection (a), the Secretary of Defense 

shall ensure that each covered facility maintains, at a minimum, 

inpatient capabilities that the Secretary determines are similar 

to the inpatient capabilities of such facility on September 30, 2016. 

‘‘(2) The Secretary may not eliminate the inpatient capabilities 

of a covered facility until the day that is 180 days after the Secretary 

provides a briefing to the Committees on Armed Services of the 

Senate and the House of Representatives regarding the proposed 

10 USC 1074d 

note. 


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elimination. During any such briefing, the Secretary shall certify 

the following: 

‘‘(A) The Secretary has entered into agreements with hospitals or medical centers in the host nation of such covered 

facility that— 

‘‘(i) replace the inpatient capabilities the Secretary proposes to eliminate; and 

‘‘(ii) ensure members of the armed forces and covered 

beneficiaries who receive health care from such covered 

facility, have, within a distance the Secretary determines 

is reasonable, access to quality health care, including case 

management and translation services. 

‘‘(B) The Secretary has consulted with the commander of 

the geographic combatant command in which such covered 

facility is located to ensure that the proposed elimination would 

have no impact on the operational plan for such geographic 

combatant command. 

‘‘(C) Before the Secretary eliminates the inpatient capabilities of such covered facility, the Secretary shall provide each 

member of the armed forces or covered beneficiary who receives 

health care from the covered facility with— 

‘‘(i) a transition plan for continuity of health care for 

such member or covered beneficiary; and 

‘‘(ii) a public forum to discuss the concerns of the 

member or covered beneficiary regarding the proposed 

reduction. 

‘‘(3) In this subsection, the term ‘covered facility’ means a 

military medical treatment facility located outside the United 

States.’’. 

SEC. 712. MODIFICATION OF PRIORITY FOR EVALUATION AND TREATMENT OF INDIVIDUALS AT MILITARY TREATMENT FACILITIES. 

Subsection (b) of section 717 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended 

to read as follows: 

‘‘(b) PRIORITY OF COVERED BENEFICIARIES.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the evaluation and treatment of covered beneficiaries at military treatment facilities shall be prioritized ahead of the evaluation and treatment of veterans and civilians at such facilities 

under subsection (a). 

‘‘(2) WAIVER.—The Secretary may waive the requirement 

under paragraph (1) in order to provide timely evaluation and 

treatment for individuals who are— 

‘‘(A) severely wounded or injured by acts of terror 

that occur in the United States; or 

‘‘(B) residents of the United States who are severely 

wounded or injured by acts of terror outside the United 

States.’’. 

SEC. 713. CLARIFICATION OF ADMINISTRATION OF MILITARY MEDICAL 

TREATMENT FACILITIES. 

Section 1073c(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)(E), by striking ‘‘miliary’’ and inserting 

‘‘military’’; 

10 USC 1071 

note. 


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(2) in paragraph (2), in the matter preceding subparagraph 

(A), by striking ‘‘commander’’ and inserting ‘‘military commander or director’’; and 

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

‘‘(4) If the Secretary of Defense determines it appropriate, a 

military director (or any other senior military officer or officers) 

of a military medical treatment facility may be a commanding 

officer for purposes of chapter 47 of this title (the Uniform Code 

of Military Justice) with respect to military personnel assigned 

to the military medical treatment facility.’’. 

SEC. 714. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING 

STANDARD UNDER TRICARE RETAIL PHARMACY PROGRAM. 

Section 1074g(d) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) With respect to the TRICARE retail pharmacy program 

described in subsection (a)(2)(E)(ii), the Secretary shall ensure that 

a contract entered into with a TRICARE pharmacy program contractor includes requirements described in section 1860D–12(b)(6) 

of the Social Security Act (42 U.S.C. 1395w–112(b)(6)) to ensure 

the provision of information regarding the pricing standard for 

prescription drugs.’’. 

SEC. 715. MODIFICATION OF EXECUTION OF TRICARE CONTRACTING 

RESPONSIBILITIES. 

Subsection (b) of section 705 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended 

to read as follows: 

‘‘(b) EXECUTION OF CONTRACTING RESPONSIBILITY.—With 

respect to any acquisition of managed care support services under 

the TRICARE program initiated after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2018, 

the Under Secretary of Defense for Acquisition and Sustainment 

shall be responsible for— 

‘‘(1) decisions relating to such acquisition; 

‘‘(2) approving the acquisition strategy; and 

‘‘(3) conducting pre-solicitation, pre-award, and post-award 

acquisition reviews.’’. 

SEC. 716. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS 

TO REDUCE DEATHS AND SEVERITY OF INJURIES CAUSED 

BY AGENTS OF WAR. 

Section 1107a of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(d) ADDITIONAL AUTHORITY TO REDUCE DEATHS AND SEVERITY

OF INJURIES CAUSED BY AGENTS OF WAR.—(1) In a case in which 

an emergency use of an unapproved product or an emergency 

unapproved use of an approved product cannot be authorized under 

section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

360bbb–3) because the emergency does not involve an actual or 

threatened attack with a biological, chemical, radiological, or 

nuclear agent or agents, the Secretary of Defense may authorize 

an emergency use outside the United States of the product to 

reduce the number of deaths or the severity of harm to members 

of the armed forces (or individuals associated with deployed members of the armed forces) caused by a risk or agent of war. 

10 USC 1073a 

note. 


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‘‘(2) Except as otherwise provided in this subsection, an 

authorization by the Secretary under paragraph (1) shall have 

the same effect with respect to the armed forces as an emergency 

use authorization under section 564 of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 360bbb–3). 

‘‘(3) The Secretary may issue an authorization under paragraph 

(1) with respect to the emergency use of an unapproved product 

or the emergency unapproved use of an approved product only 

if— 

‘‘(A) the committee established under paragraph (5) has 

recommended that the Secretary issue the authorization; and 

‘‘(B) the Assistant Secretary of Defense for Health Affairs 

makes a written determination, after consultation with the 

Commissioner of Food and Drugs, that, based on the totality 

of scientific evidence available to the Assistant Secretary, criteria comparable to those specified in section 564(c) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 

3(c)) have been met. 

‘‘(4) With respect to the emergency use of an unapproved 

product or the emergency unapproved use of an approved product 

under this subsection, the Secretary of Defense shall establish 

such scope, conditions, and terms under this subsection as the 

Secretary considers appropriate, including scope, conditions, and 

terms comparable to those specified in section 564 of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3). 

‘‘(5)(A) There is established in the Department of Defense a 

Department of Defense Emergency Use Authorization Committee 

(in this paragraph referred to as the ‘Committee’) to advise the 

Assistant Secretary of Defense for Health Affairs on proposed 

authorizations under this subsection. 

‘‘(B) Members of the Committee shall be appointed by the 

Secretary of Defense and shall consist of prominent health care 

professionals who are not employees of the Department of Defense 

(other than for purposes of serving as a member of the Committee). 

‘‘(C) The Committee may be established as a subcommittee 

of another Federal advisory committee. 

‘‘(6) In this subsection: 

‘‘(A) The term ‘biological product’ has the meaning given 

that term in section 351(i) of the Public Health Service Act 

(42 U.S.C. 262(i)). 

‘‘(B) The terms ‘device’ and ‘drug’ have the meanings given 

those terms in section 201 of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 321). 

‘‘(C) The term ‘product’ means a drug, device, or biological 

product. 

‘‘(D) The terms ‘unapproved product’ and ‘unapproved use 

of an approved product’ have the meanings given those terms 

in section 564(a)(4) of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 360bbb–3(a)(4)).’’. 

SEC. 717. MODIFICATION OF DETERMINATION OF AVERAGE WAIT 

TIMES AT URGENT CARE CLINICS AND PHARMACIES AT 

MILITARY MEDICAL TREATMENT FACILITIES UNDER 

PILOT PROGRAM. 

(a) URGENT CARE CLINICS.—Subsection (c)(2) of section 744 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328) is amended to read as follows: 

10 USC 1092 

note. 


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‘‘(2) DETERMINATION.—In carrying out paragraph (1), the 

Secretary shall determine the average wait time to display 

under such paragraph by using a formula derived from best 

practices in the health care industry.’’. 

(b) PHARMACIES.—Subsection (d)(2) of such section is amended 

to read as follows: 

‘‘(2) DETERMINATION.—In carrying out paragraph (1), the 

Secretary shall determine the average wait time to display 

under such paragraph by using a formula derived from best 

practices in the health care industry.’’. 

SEC. 718. REQUIREMENT FOR REIMBURSEMENT BY DEPARTMENT OF 

DEFENSE TO ENTITIES CARRYING OUT STATE VACCINATION PROGRAMS FOR COSTS OF VACCINES PROVIDED TO 

COVERED BENEFICIARIES. 

Section 719 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 10 U.S.C. 1074g note) is amended— 

(1) in the section heading, by striking ‘‘AUTHORIZATION

OF REIMBURSEMENT’’ and inserting ‘‘REIMBURSEMENT’’; and 

(2) in subsection (a)(1), by striking ‘‘may’’ and inserting 

‘‘shall’’. 

SEC. 719. 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 amended 

by section 722 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291), section 723 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92), and section 741(a) 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328), is further amended by striking ‘‘September 

30, 2018’’ and inserting ‘‘September 30, 2019’’. 

SEC. 720. RESIDENCY REQUIREMENTS FOR PODIATRISTS. 

(a) REQUIREMENT.—In addition to any other qualification 

required by law or regulation, the Secretary of Defense shall ensure 

that to serve as a podiatrist in the Armed Forces, an individual 

must have successfully completed a three-year podiatric medicine 

and surgical residency. 

(b) APPLICATION.—Subsection (a) shall apply with respect to 

an individual who is commissioned as an officer in the Armed 

Forces on or after the date that is one year after the date of 

the enactment of this Act. 

SEC. 721. AUTHORIZATION OF PHYSICAL THERAPIST ASSISTANTS AND 

OCCUPATIONAL THERAPY ASSISTANTS TO PROVIDE SERVICES UNDER THE TRICARE PROGRAM. 

(a) ADDITION TO LIST OF AUTHORIZED PROFESSIONAL PROVIDERS

OF CARE.—The Secretary of Defense shall revise section 199.6(c) 

of title 32, Code of Federal Regulations, as in effect on the date 

of the enactment of this Act, to add to the list of individual professional providers of care who are authorized to provide services 

to beneficiaries under the TRICARE program, as defined in section 

1072 of title 10, United States Code, the following types of health 

care practitioners: 

10 USC 1073 

note. 

10 USC 1073 

note. 


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(1) Licensed or certified physical therapist assistants who 

meet the qualifications for physical therapist assistants specified in section 484.4 of title 42, Code of Federal Regulations, 

or any successor regulation, to furnish services under the supervision of a physical therapist. 

(2) Licensed or certified occupational therapy assistants 

who meet the qualifications for occupational therapy assistants 

specified in such section 484.4, or any successor regulation, 

to furnish services under the supervision of an occupational 

therapist. 

(b) SUPERVISION.—The Secretary of Defense shall establish in 

regulations requirements for the supervision of physical therapist 

assistants and occupational therapy assistants, respectively, by 

physical therapists and occupational therapists, respectively. 

(c) MANUALS AND OTHER GUIDANCE.—The Secretary of Defense 

shall update the CHAMPVA Policy Manual and other relevant 

manuals and subregulatory guidance of the Department of Defense 

to carry out the revisions and requirements of this section. 

SEC. 722. SELECTION OF MILITARY COMMANDERS AND DIRECTORS 

OF MILITARY MEDICAL TREATMENT FACILITIES. 

(a) IN GENERAL.—Not later than January 1, 2019, the Secretary 

of Defense, in consultation with the Secretaries of the military 

departments, shall establish the common qualifications and core 

competencies required for an individual to serve as a military 

commander or director of a military medical treatment facility. 

(b) OBJECTIVE.—The objective of the Secretary under this section shall be to ensure that each individual selected to serve as 

a military commander or director of a military medical treatment 

facility is highly qualified to serve as health system executive. 

(c) STANDARDS.—In establishing common qualifications and core 

competencies under subsection (a), the Secretary shall include 

standards with respect to the following: 

(1) Professional competence. 

(2) Moral and ethical integrity and character. 

(3) Formal education in health care executive leadership 

and in health care management. 

(4) Such other matters the Secretary determines to be 

appropriate. 

Subtitle C—Reports and Other Matters 

SEC. 731. PILOT PROGRAM ON HEALTH CARE ASSISTANCE SYSTEM. 

(a) PILOT PROGRAM.—The Secretary of Defense shall carry out 

a pilot program to provide a health care assistance service to 

certain covered beneficiaries enrolled in TRICARE Select using 

purchased care to improve the health outcomes and patient experience for covered beneficiaries with complex medical conditions. 

(b) ELEMENTS.—The pilot program under subsection (a) may 

include the following elements: 

(1) Assisting beneficiaries with complex medical conditions 

to understand and use the health benefits under the TRICARE 

program. 

(2) Supporting such beneficiaries in accessing and navigating the purchased care health care delivery system. 

10 USC 1075 

note. 

10 USC 1073c 

note. 


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(3) Providing such beneficiaries with information to allow 

the beneficiaries to make informed decisions regarding the 

quality, safety, and cost of available health care services. 

(4) Improving the health outcomes for such beneficiaries. 

(c) DURATION.—The Secretary shall carry out the pilot program 

for an amount of time determined appropriate by the Secretary 

during the five-year period beginning 180 days after the date of 

the enactment of this Act. 

(d) REPORT.—Not later than January 1, 2021, the Secretary 

shall submit to the Committees on Armed Services of the House 

of Representatives and the Senate a report containing an evaluation 

of the success of the pilot program under subsection (a), including— 

(1) an analysis of the implementation of the elements under 

subsection (b); and 

(2) the feasibility of incorporating such elements into 

TRICARE support contracts. 

(e) DEFINITIONS.—In this section, the terms ‘‘covered beneficiary’’, ‘‘TRICARE program’’, and ‘‘TRICARE Select’’ have the 

meaning given those terms in section 1072 of title 10, United 

States Code. 

SEC. 732. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON 

MENTAL HEALTH READINESS OF PART-TIME MEMBERS OF 

THE RESERVE COMPONENTS OF THE ARMED FORCES. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall conduct 

a feasibility study and cost estimate for a pilot program that uses 

predictive analytics and screening to identify mental health risk 

and provide early, targeted intervention for part-time members 

of the reserve components of the Armed Forces to improve readiness 

and mission success. 

(b) ELEMENTS.—The feasibility study conducted under subsection (a) shall include elements to assess the following with 

respect to the pilot program studied under such subsection: 

(1) The anticipated improvement in quality of behavioral 

health services for part-time members of the reserve components of the Armed Forces and the impact of such improvement 

in quality of behavioral health services on their families and 

employers. 

(2) The anticipated impact on the culture surrounding 

behavioral health treatment and help-seeking behavior. 

(3) The feasibility of embedding mental health professionals 

with units that— 

(A) perform core mission sets and capabilities; and 

(B) carry out high-risk and high-demand missions. 

(4) The particular preventative mental health needs of 

units at different states of their operational readiness cycle. 

(5) The need for additional personnel of the Department 

of Defense to implement the pilot program. 

(6) The cost of implementing the pilot program throughout 

the reserve components of the Armed Forces. 

(7) The benefits of an integrated operational support team 

for the Air National Guard and Army National Guard units. 

(c) COMPARISON TO FULL-TIME MEMBERS OF RESERVE COMPONENTS.—As part of the feasibility study conducted under subsection 

(a), the Secretary shall assess the mental health risk of parttime members of the reserve components of the Armed Forces 


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as compared to full-time members of the reserve components of 

the Armed Forces. 

(d) USE OF EXISTING MODELS.—In conducting the feasibility 

study under subsection (a), the Secretary, to the extent practicable, 

shall make use of existing models for preventative mental health 

care. 

SEC. 733. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND 

RELATED SERVICES FOR CHILDREN OF MEMBERS OF THE 

ARMED FORCES. 

(a) IN GENERAL.—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 setting forth a plan of the Department 

of Defense to improve pediatric care and related services for children 

of members of the Armed Forces. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) In order to ensure that children receive developmentally 

appropriate and age-appropriate health care services from the 

Department, a plan to align preventive pediatric care under 

the TRICARE program with— 

(A) standards for such care as required by the Patient 

Protection and Affordable Care Act (Public Law 111–148); 

(B) guidelines established for such care by the Early 

and Periodic Screening, Diagnosis, and Treatment program 

under the Medicaid program carried out under title XIX 

of the Social Security Act (42 U.S.C. 1396 et seq.); and 

(C) recommendations by organizations that specialize 

in pediatrics. 

(2) A plan to develop a uniform definition of ‘‘pediatric 

medical necessity’’ for the Department that aligns with recommendations of organizations that specialize in pediatrics in 

order to ensure that a consistent definition of such term is 

used in providing health care in military treatment facilities 

and by health care providers under the TRICARE program. 

(3) A plan to develop measures to evaluate and improve 

access to pediatric care, coordination of pediatric care, and 

health outcomes for such children. 

(4) A plan to include an assessment of access to pediatric 

specialty care in the annual report to Congress on the effectiveness of the TRICARE program. 

(5) A plan to improve the quality of and access to behavioral 

health care under the TRICARE program for children of members of the Armed Forces, including intensive outpatient and 

partial hospitalization services. 

(6) A plan to mitigate the impact of permanent changes 

of station and other service-related relocations of members of 

the Armed Forces on the continuity of health care services 

received by such children who have special medical or behavioral health needs. 

(7) A plan to mitigate deficiencies in data collection, data 

utilization, and data analysis to improve pediatric care and 

related services for children of members of the Armed Forces. 

(c) TRICARE PROGRAM DEFINED.—In this section, the term 

‘‘TRICARE program’’ has the meaning given such term in section 

1072 of title 10, United States Code. 


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SEC. 734. LONGITUDINAL MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—The Secretary of Defense shall conduct a 

longitudinal medical study on blast pressure exposure of members 

of the Armed Forces during combat and training, including members 

who train with any high overpressure weapon system, such as 

anti-tank recoilless rifles or heavy-caliber sniper rifles. 

(b) ELEMENTS.—The study required under subsection (a) shall— 

(1) monitor, record, and analyze data on blast pressure 

exposure for any member of the Armed Forces who is likely 

to be exposed to a blast in training or combat; 

(2) assess the feasibility and advisability of including blast 

exposure history as part of the service record of a member, 

as a blast exposure log, in order to ensure that, if medical 

issues arise later, the member receives care for any serviceconnected injuries; and 

(3) review the safety precautions surrounding heavy 

weapons training to account for emerging research on blast 

exposure and the effects of such exposure on cognitive performance of members of the Armed Forces. 

(c) REPORTS.— 

(1) INTERIM REPORT.—Not later than one year 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 an interim report on the study 

methods and action plan for the study under subsection (a). 

(2) FINAL REPORT.—Not later than four years after the 

date the Secretary begins the study under subsection (a), the 

Secretary shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on 

the results of such study. 

SEC. 735. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

on the effectiveness of the training provided to military health 

care providers regarding opioid prescribing practices, initiatives 

in opioid safety, the use of the VA/DOD Clinical Practice Guideline 

for Management of Opioid Therapy for Chronic Pain, and other 

related training. 

(b) ELEMENTS.—The study under subsection (a) shall address 

the effectiveness of training with respect to the following: 

(1) Identifying and treating individuals with chronic pain. 

(2) Reducing the total number of prescription opioids dispensed by the Department of Defense to beneficiaries of health 

care furnished by the Department. 

(3) Prescribing practices for opioid analgesic therapy, 

including— 

(A) reducing average dosage sizes; 

(B) reducing the average number of dosages; 

(C) reducing initial and average durations of opioid 

analgesic therapy; 

(D) reducing dose escalation when opioid analgesic 

therapy results in adequate pain reduction; and 

(E) reducing the average number of prescription opioid 

analgesics dispensed by the Department of Defense. 


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(4) Reducing the number of overdoses due to prescription 

opioids for patients with acute pain and patients undergoing 

opioid therapy for chronic pain. 

(5) Providing counseling and referrals to treatment alternatives to opioid analgesics. 

(6) Providing education on the risks of opioid medications 

to individuals for whom such medications are prescribed, and 

to their families, with special consideration given to raising 

awareness among adolescents on such risks. 

(7) Effectiveness in communicating to military health care 

providers changes in policies of the Department of Defense 

regarding opioid safety and prescribing practices. 

(c) ASSESSMENT.—The Secretary of Defense shall also consider 

the feasibility and advisability of further strengthening opioid prescribing practices by means of the following: 

(1) Developing and implementing a physician advisory committee of the Department of Defense regarding education programs for prescribers of opioid analgesics. 

(2) Developing methods to encourage health care providers 

of the Department to use physical therapy or alternative 

methods to treat acute or chronic pain. 

(3) Developing curricula regarding pain management and 

safe opioid analgesic prescription practices that incorporate 

opioid analgesic prescribing guidelines issued by the Centers 

for Disease Control and Prevention. 

(d) BRIEFING.—Not later than one year 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 

a briefing on the results of the study under subsection (a) and 

the assessment under subsection (c). 

SEC. 736. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit a report to the 

congressional defense committees on the implementation by the 

Department of Defense of the recommendations from the Government Accountability Office report entitled ‘‘Actions Needed to 

Ensure Post-Traumatic Stress Disorder and Traumatic Brain Injury 

Are Considered in Misconduct Separations’’ and published May 

16, 2017. 

SEC. 737. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF CERTAIN INCIDENTS OF EXPOSURE OF MEMBERS OF THE 

ARMED FORCES TO TOXIC SUBSTANCES. 

(a) IN GENERAL.—The Secretary of Defense shall conduct a 

declassification review of documents related to any known incident 

in which not fewer than 100 members of the Armed Forces were 

intentionally exposed to a toxic substance that resulted in at least 

one case of a disability that a member of the medical profession 

has determined to be associated with that toxic substance. 

(b) LIMITATION.—The declassification required by subsection 

(a) shall be limited to information necessary for an individual 

who was potentially exposed to a toxic substance to determine 

the following: 

(1) Whether that individual was exposed to that toxic substance. 

(2) The potential severity of the exposure of that individual 

to that toxic substance. 

10 USC 1074 

note. 


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(3) Any potential health conditions that may have resulted 

from exposure to that toxic substance. 

(c) EXCEPTION.—The Secretary of Defense is not required to 

declassify documents under subsection (a) if the Secretary determines that declassification of those documents would materially 

and immediately threaten the security of the United States. 

(d) DEFINITIONS.—In this section: 

(1) ARMED FORCES.—The term ‘‘Armed Forces’’ has the 

meaning given that term in section 101 of title 10, United 

States Code. 

(2) EXPOSED.—The term ‘‘exposed’’ means, with respect to 

a toxic substance, that an individual came into contact with 

that toxic substance in a manner that could be hazardous 

to the health of that individual, that may include if that toxic 

substance was inhaled, ingested, or touched the skin or eyes. 

(3) EXPOSURE.—The term ‘‘exposure’’ means, with respect 

to a toxic substance, an event during which an individual 

was exposed to that toxic substance. 

(4) TOXIC SUBSTANCE.—The term ‘‘toxic substance’’ means 

any substance determined by the Administrator of the Environmental Protection Agency to be harmful to the environment 

or hazardous to the health of an individual if inhaled or 

ingested by or absorbed through the skin of that individual. 

SEC. 738. COORDINATION BY VETERANS HEALTH ADMINISTRATION 

OF EFFORTS TO UNDERSTAND EFFECTS OF BURN PITS. 

The Under Secretary for Health of the Department of Veterans 

Affairs, acting through the Office of Public Health of the Veterans 

Health Administration, shall coordinate efforts related to furthering 

understanding of burn pits, the effect of burn pits on veterans, 

and effective treatments relating to such effects, including with 

respect to research efforts and training of clinical staff on related 

matters. 

SEC. 739. TRICARE TECHNICAL AMENDMENTS. 

(a) DEFINITION OF TRICARE STANDARD.—Paragraph (15) of 

section 1072 of title 10, United States Code, is amended to read 

as follows: 

‘‘(15) The term ‘TRICARE Standard’ means the TRICARE 

program made available prior to January 1, 2018, covering 

health benefits contracted for under the authority of section 

1079(a) or 1086(a) of this title and subject to the same rates 

and conditions as apply to persons covered under those sections.’’. 

(b) COST-SHARING AMOUNTS.— (1) TRICARE SELECT.— (A) ALLOWANCE OF COST-SHARING AMOUNTS AS DETER- MINED BY THE SECRETARY.—Subsection (d) of section 1075 

of such title is amended by adding at the end the following 

new paragraph: 

‘‘(4) The cost-sharing requirements applicable to services not 

specifically addressed in the table set forth in paragraph (1) shall 

be established by the Secretary.’’. 

(B) MODIFICATION OF REFERENCE TO AMBULANCE

CIVILIAN NETWORK.—Paragraph (1) of such subsection is 

amended, in the first column of the table, by striking 

‘‘Ambulance civilian network’’ and inserting ‘‘Ground ambulance civilian network’’. 

38 USC 527 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1447 

(2) TRICARE PRIME.— (A) ALLOWANCE OF COST-SHARING AMOUNTS AS DETER- MINED BY THE SECRETARY.—Subsection (b) of section 1075a 

of such title is amended by adding at the end the following 

new paragraph: 

‘‘(4) The cost-sharing requirements applicable to services not 

specifically addressed in the table set forth in paragraph (1) shall 

be established by the Secretary.’’. 

(B) MODIFICATION OF REFERENCE TO AMBULANCE

CIVILIAN NETWORK.—Paragraph (1) of such section is 

amended, in the first column of the table, by striking 

‘‘Ambulance civilian network’’ and inserting ‘‘Ground ambulance civilian network’’. 

(c) MEDICAL CARE FOR DEPENDENTS.— (1) REFERENCE TO MEDICALLY NECESSARY VITAMINS.—Paragraphs (3) and (18) of section 1077(a) of such title are amended 

by striking ‘‘subsection (g)’’ each place it appears and inserting 

‘‘subsection (h)’’. 

(2) ELIGIBILITY OF DEPENDENTS TO PURCHASE HEARING

AIDS.—Section 1077(g) of such title is amended by striking 

‘‘of former members of the uniformed services’’ and inserting 

‘‘eligible for care under this section’’. 

(d) MODIFICATION OF REFERENCE TO FISCAL YEAR.— 

(1) CONTRACTS FOR MEDICAL CARE FOR SPOUSES AND CHILDREN.—Section 1079(b) such title is amended by striking ‘‘fiscal 

year’’ each place it appears and inserting ‘‘calendar year’’. 

(2) CONTRACTS FOR HEALTH BENEFITS FOR CERTAIN MEMBERS, FORMER MEMBERS, AND THEIR DEPENDENTS.—Section 

1086(b) of such title is amended by striking ‘‘fiscal year’’ each 

place it appears and inserting ‘‘calendar year’’. 

(e) REFERRALS AND PREAUTHORIZATIONS FOR TRICARE 

PRIME.— 

(1) PREAUTHORIZATION FOR CARE AT RESIDENTIAL TREATMENT CENTERS.—Section 1095f(b) of such title is amended by 

adding at the end the following new paragraph: 

‘‘(4) Inpatient care at a residential treatment center.’’. 

(2) REFERENCE.—Section 1075a(c) of such title is amended 

by striking ‘‘section 1075f(a)’’ and inserting ‘‘section 1095f(a)’’. 

(f) APPLICABILITY OF PREMIUM FOR DEPENDENT COVERAGE.— 

Section 1110b(c)(1) of such title is amended by striking ‘‘section 

1075 of this section’’ and inserting ‘‘section 1075 or 1075a of this 

title, as appropriate’’. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Statements of purpose for Department of Defense acquisition. 

Sec. 802. Management of intellectual property matters within the Department of 

Defense. 

Sec. 803. Performance of incurred cost audits. 

Sec. 804. Repeal of certain auditing requirements. 

Sec. 805. Increased simplified acquisition threshold. 

Sec. 806. Requirements related to the micro-purchase threshold. 

Sec. 807. Process for enhanced supply chain scrutiny. 

Sec. 808. Defense policy advisory committee on technology. 


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131 STAT. 1448 PUBLIC LAW 115–91—DEC. 12, 2017 

Sec. 809. Report on extension of development, acquisition, and sustainment authorities of the military departments to the United States Special Operations Command. 

Sec. 810 . Technical and conforming amendments related to program management 

provisions. 

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

Limitations 

Sec. 811. Modifications to cost or pricing data and reporting requirements. 

Sec. 812. Applicability of cost and pricing data certification requirements. 

Sec. 813. Sunset of certain provisions relating to the procurement of goods other 

than United States goods. 

Sec. 814. Comptroller General report on health and safety records. 

Sec. 815. Limitation on unilateral definitization. 

Sec. 816. Amendment to sustainment reviews. 

Sec. 817. Use of program income by eligible entities that carry out procurement 

technical assistance programs. 

Sec. 818. Enhanced post-award debriefing rights. 

Sec. 819. Amendments relating to information technology. 

Sec. 820. Change to definition of subcontract in certain circumstances. 

Sec. 821. Amendment relating to applicability of inflation adjustments. 

Sec. 822. Use of lowest price technically acceptable source selection process. 

Sec. 823. Exemption from design-build selection procedures. 

Sec. 824. Contract closeout authority. 

Sec. 825. Elimination of cost underruns as factor in calculation of penalties for cost 

overruns. Sec. 826. Modification to annual meeting requirement of Configuration Steering 

Boards. 

Sec. 827. Pilot program on payment of costs for denied Government Accountability 

Office bid protests. 

Subtitle C—Provisions Relating to Major Defense Acquisition Programs 

Sec. 831. Revisions to definition of major defense acquisition program. 

Sec. 832. Prohibition on use of lowest price technically acceptable source selection 

process for major defense acquisition programs. 

Sec. 833. Role of the Chief of the armed force in material development decision and 

acquisition system milestones. 

Sec. 834. Requirement to emphasize reliability and maintainability in weapon system design. 

Sec. 835. Licensing of appropriate intellectual property to support major weapon 

systems. 

Sec. 836. Codification of requirements pertaining to assessment, management, and 

control of operating and support costs for major weapon systems. 

Sec. 837. Should-cost management. 

Sec. 838. Improvements to test and evaluation processes and tools. 

Sec. 839. Enhancements to transparency in test and evaluation processes and data. 

Subtitle D—Provisions Relating to Acquisition Workforce 

Sec. 841. Enhancements to the civilian program management workforce. 

Sec. 842. Credits to Department of Defense Acquisition Workforce Development 

Fund. 

Sec. 843. Improvements to the hiring and training of the acquisition workforce. 

Sec. 844. Extension and modifications to acquisition demonstration project. 

Subtitle E—Provisions Relating to Commercial Items 

Sec. 846. Procurement through commercial e-commerce portals. 

Sec. 847. Revision to definition of commercial item. 

Sec. 848. Commercial item determinations. 

Sec. 849. Review of regulations on commercial items. 

Sec. 850. Training in commercial items procurement. 

Subtitle F—Provisions Relating to Services Contracting 

Sec. 851. Improvement of planning for acquisition of services. 

Sec. 852. Standard guidelines for evaluation of requirements for services contracts. 

Sec. 853. Report on outcome-based services contracts. 

Sec. 854. Pilot program for longer term multiyear service contracts. 

Subtitle G—Provisions Relating to Other Transaction Authority and Prototyping 

Sec. 861. Contract authority for advanced development of initial or additional prototype units. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1449 

Sec. 862. Methods for entering into research agreements. 

Sec. 863. Education and training for transactions other than contracts and grants. 

Sec. 864. Other transaction authority for certain prototype projects. 

Sec. 865. Amendment to nontraditional and small contractor innovation prototyping program. 

Sec. 866. Middle tier of acquisition for rapid prototype and rapid fielding. 

Sec. 867. Preference for use of other transactions and experimental authority. 

Sec. 868. Prototype projects to digitize defense acquisition regulations, policies, and 

guidance, and empower user tailoring of acquisition process. 

Subtitle H—Provisions Relating to Software Acquisition 

Sec. 871. Noncommercial computer software acquisition considerations. 

Sec. 872. Defense Innovation Board analysis of software acquisition regulations. 

Sec. 873. Pilot program to use agile or iterative development methods to tailor 

major software-intensive warfighting systems and defense business systems. 

Sec. 874. Software development pilot program using agile best practices. 

Sec. 875. Pilot program for open source software. 

Subtitle I—Other Matters 

Sec. 881. Extension of maximum duration of fuel storage contracts. 

Sec. 882. Procurement of aviation critical safety items. 

Sec. 883. Modifications to the advisory panel on streamlining and codifying acquisition regulations. 

Sec. 884. Repeal of expired pilot program for leasing commercial utility cargo vehicles. 

Sec. 885. Exception for business operations from requirement to accept $1 coins. 

Sec. 886. Development of Procurement Administrative Lead Time. 

Sec. 887. Notional milestones and standard timelines for contracts for foreign military sales. 

Sec. 888. Assessment and authority to terminate or prohibit contracts for procurement from Chinese companies providing support to the Democratic People’s Republic of Korea. 

Sec. 889. Report on defense contracting fraud. 

Sec. 890. Comptroller General report on contractor business system requirements. 

Sec. 891. Training on agile or iterative development methods. 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. STATEMENTS OF PURPOSE FOR DEPARTMENT OF DEFENSE 

ACQUISITION. 

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 to include the following statements of purpose: 

(1) The defense acquisition system (as defined in section 

2545 of title 10, United States Code) exists to manage the 

investments of the United States in technologies, programs, 

and product support necessary to achieve the national security 

strategy prescribed by the President pursuant to section 108 

of the National Security Act of 1947 (50 U.S.C. 3043) and 

to support the United States Armed Forces. 

(2) The investment strategy of the Department of Defense 

shall be postured to support not only the current United States 

Armed Forces, but also future Armed Forces of the United 

States. 

(3) The primary objective of Department of Defense acquisition is to acquire quality products that satisfy user needs with 

measurable improvements to mission capability and operational 

support, in a timely manner, and at a fair and reasonable 

price. 

10 USC 2302 

note. 


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131 STAT. 1450 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 802. MANAGEMENT OF INTELLECTUAL PROPERTY MATTERS 

WITHIN THE DEPARTMENT OF DEFENSE. 

(a) MANAGEMENT OF INTELLECTUAL PROPERTY.— (1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, is amended by inserting after section 2321 the following 

new section: 

‘‘§ 2322. Management of intellectual property matters within 

the Department of Defense 

‘‘(a) POLICY REQUIRED.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Acquisition and 

Sustainment, shall develop policy on the acquisition or licensing 

of intellectual property— 

‘‘(1) to enable coordination and consistency across the military departments and the Department of Defense in strategies 

for acquiring or licensing intellectual property and communicating with industry; 

‘‘(2) to ensure that program managers are aware of the 

rights afforded the Federal Government and contractors in 

intellectual property and that program managers fully consider 

and use all available techniques and best practices for acquiring 

or licensing intellectual property early in the acquisition 

process; and 

‘‘(3) to encourage customized intellectual property strategies for each system based on, at a minimum, the unique 

characteristics of the system and its components, the product 

support strategy for the system, the organic industrial base 

strategy of the military department concerned, and the commercial market. 

‘‘(b) CADRE OF INTELLECTUAL PROPERTY EXPERTS.—(1) The Secretary of Defense, acting through the Under Secretary of Defense 

for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in intellectual property matters. The purpose 

of the cadre is to ensure a consistent, strategic, and highly 

knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the 

acquisition workforce on intellectual property matters, including 

acquiring or licensing intellectual property. 

‘‘(2) The Under Secretary shall establish an appropriate leadership structure and office within which the cadre shall be managed, 

and shall determine the appropriate official to whom members 

of the cadre shall report. 

‘‘(3) The cadre of experts shall be assigned to a program office 

or an acquisition command within a military department to advise, 

assist, and provide resources to a program manager or program 

executive officer on intellectual property matters at various stages 

of the life cycle of a system. In performing such duties, the experts 

shall— 

‘‘(A) interpret and provide counsel on laws, regulations, 

and policies relating to intellectual property; 

‘‘(B) advise and assist in the development of an acquisition 

strategy, product support strategy, and intellectual property 

strategy for a system; 

‘‘(C) conduct or assist with financial analysis and valuation 

of intellectual property; 

‘‘(D) assist in the drafting of a solicitation, contract, or 

other transaction; 

10 USC 2322. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1451 

‘‘(E) interact with or assist in interactions with contractors, 

including communications and negotiations with contractors 

on solicitations and awards; and 

‘‘(F) conduct or assist with mediation if technical data 

delivered pursuant to a contract is incomplete or does not 

comply with the terms of agreements. 

‘‘(4)(A) In order to achieve the purpose set forth in paragraph 

(1), the Under Secretary shall ensure the cadre has the appropriate 

number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), 

including in relevant areas of law, contracting, acquisition, logistics, 

engineering, financial analysis, and valuation. The Under Secretary, 

in coordination with the Defense Acquisition University and in 

consultation with academia and industry, shall develop a career 

path, including development opportunities, exchanges, talent 

management programs, and training, for the cadre. The Under 

Secretary may use existing authorities to staff the cadre, including 

those in subparagraphs (B), (C), (D), and (F). 

‘‘(B) Civilian personnel from within the Office of the Secretary 

of Defense, Joint Staff, military departments, Defense Agencies, 

and combatant commands may be assigned to serve as members 

of the cadre, upon request of the Director. 

‘‘(C) The Under Secretary may use the authorities for highly 

qualified experts under section 9903 of title 5, to hire experts 

as members of the cadre who are skilled professionals in intellectual 

property and related matters. 

‘‘(D) The Under Secretary may enter into a contract with a 

private-sector entity for specialized expertise to support the cadre. 

Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title. 

‘‘(E) In establishing the cadre, the Under Secretary shall give 

preference to civilian employees of the Department of Defense, 

rather than members of the armed forces, to maintain continuity 

in the cadre. 

‘‘(F) The Under Secretary is authorized to use amounts in 

the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including 

paying salaries of newly hired members of the cadre for up to 

three years.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2322. Management of intellectual property matters within the Department of Defense.’’. 

(b) ADDITIONAL ACQUISITION POSITION.—Subsection 1721(b) of 

title 10, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(12) Intellectual property.’’. 

SEC. 803. PERFORMANCE OF INCURRED COST AUDITS. 

(a) IN GENERAL.—Chapter 137 of title 10, United States Code, 

is amended by inserting after section 2313a the following new 

section: 

‘‘§ 2313b. Performance of incurred cost audits 

‘‘(a) COMPLIANCE WITH STANDARDS OF RISK AND MATERIALITY.— 

Not later than October 1, 2020, the Secretary of Defense shall 

10 USC 2313b. 

10 USC 2301 

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131 STAT. 1452 PUBLIC LAW 115–91—DEC. 12, 2017 

comply with commercially accepted standards of risk and materiality in the performance of each incurred cost audit of costs associated with a contract of the Department of Defense. 

‘‘(b) CONDITIONS FOR THE USE OF QUALIFIED AUDITORS TO PER- FORM INCURRED COST AUDITS.—(1) To support the need of the 

Department of Defense for timely and effective incurred cost audits, 

and to ensure that the Defense Contract Audit Agency is able 

to allocate resources to higher-risk and more complex audits, the 

Secretary of Defense shall use qualified private auditors to perform 

a sufficient number of incurred cost audits of contracts of the 

Department of Defense to— 

‘‘(A) eliminate, by October 1, 2020, any backlog of incurred 

cost audits of the Defense Contract Audit Agency; 

‘‘(B) ensure that incurred cost audits are completed not 

later than one year after the date of receipt of a qualified 

incurred cost submission; 

‘‘(C) maintain an appropriate mix of Government and private sector capacity to meet the current and future needs 

of the Department of Defense for the performance of incurred 

cost audits; 

‘‘(D) ensure that qualified private auditors perform incurred 

cost audits on an ongoing basis to improve the efficiency and 

effectiveness of the performance of incurred cost audits; and 

‘‘(E) limit multiyear auditing to ensure that multiyear 

auditing is conducted only— 

‘‘(A) to address outstanding incurred cost audits for 

which a qualified incurred cost submission was submitted 

to the Defense Contract Audit Agency more than 12 months 

before the date of the enactment of this section; or 

‘‘(B) when the contractor being audited submits a written request, including a justification for the use of 

multiyear auditing, to the Under Secretary of Defense 

(Comptroller). 

‘‘(2) The Secretary of Defense shall consult with Federal agencies that have awarded contracts or task orders to qualified private 

auditors to ensure that the Department of Defense is using, as 

appropriate, best practices relating to contracting with qualified 

private auditors. 

‘‘(3) The Secretary of Defense shall ensure that a qualified 

private auditor performing an incurred cost audit under this section— 

‘‘(A) has no conflict of interest in performing such an audit, 

as defined by generally accepted government auditing standards; 

‘‘(B) possesses the necessary independence to perform such 

an audit, as defined by generally accepted government auditing 

standards; 

‘‘(C) signs a nondisclosure agreement, as appropriate, to 

protect proprietary or nonpublic data; 

‘‘(D) accesses and uses proprietary or nonpublic data furnished to the qualified private auditor only for the purposes 

stated in the contract; 

‘‘(E) takes all reasonable steps to protect proprietary and 

nonpublic data furnished during the audit; and 

‘‘(F) does not use proprietary or nonpublic data provided 

to the qualified private auditor under the authority of this 

section to compete for Government or nongovernment contracts. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1453 

‘‘(c) PROCEDURES FOR THE USE OF QUALIFIED PRIVATE AUDITORS.—(1) Not later than October 1, 2018, the Secretary of Defense 

shall submit to the congressional defense committees a plan to 

implement the requirements of subsection (b). Such plan shall 

include, at a minimum— 

‘‘(A) a description of the incurred cost audits that the 

Secretary determines are appropriate to be conducted by qualified private auditors, including the approximate number and 

dollar value of such incurred cost audits; 

‘‘(B) an estimate of the number and dollar value of incurred 

cost audits to be conducted by qualified private auditors for 

each of the fiscal years 2019 through 2025 necessary to meet 

the requirements of subsection (b); and 

‘‘(C) all other elements of an acquisition plan as required 

by the Federal Acquisition Regulation. 

‘‘(2) Not later than April 1, 2019, the Secretary of Defense 

or a Federal department or agency authorized by the Secretary 

shall award a contract or issue a task order under an existing 

contract to two or more qualified private auditors to perform 

incurred cost audits of costs associated with contracts of the Department of Defense. The Defense Contract Management Agency or 

a contract administration office of a military department shall use 

a contract or a task order awarded or issued pursuant to this 

paragraph for the performance of an incurred cost audit, if doing 

so will assist the Secretary in meeting the requirements in subsection (b). 

‘‘(3) To improve the quality of incurred cost audits and reduce 

duplication of performance of such audits, the Secretary of Defense 

may provide a qualified private auditor with information on past 

or ongoing audit results or other relevant information on the entities 

the qualified private auditor is auditing. 

‘‘(4) The Secretary of Defense shall consider the results of 

an incurred cost audit performed under this section without regard 

to whether the Defense Contract Audit Agency or a qualified private 

auditor performed the audit. 

‘‘(5) The contracting officer for a contract that is the subject 

of an incurred cost audit shall have the sole discretion to determine 

what action should be taken based on an audit finding on direct 

costs of the contract. 

‘‘(d) QUALIFIED PRIVATE AUDITOR REQUIREMENTS.—(1) A qualified private auditor awarded a contract or issued an task order 

under subsection (c)(2) shall conduct an incurred cost audit in 

accordance with the generally accepted government auditing standards. 

‘‘(2) A qualified private auditor awarded a contract or issued 

an task order under subsection (c)(2) shall develop and maintain 

complete and accurate working papers on each incurred cost audit. 

All working papers and reports on the incurred cost audit prepared 

by such qualified private auditor shall be the property of the Department of Defense, except that the qualified private auditor may 

retain a complete copy of all working papers to support such reports 

made pursuant to this section. 

‘‘(3) A breach of contract by a qualified private auditor with 

respect to use of proprietary or nonpublic data may subject the 

qualified private auditor to— 


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131 STAT. 1454 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(A) criminal, civil, administrative, and contractual actions 

for penalties, damages, and other appropriate remedies by the 

United States; and 

‘‘(B) civil actions for damages and other appropriate remedies by the contractor or subcontractor whose data are affected 

by the breach. 

‘‘(e) PEER REVIEW.—(1) Effective October 1, 2022, the Defense 

Contract Audit Agency may issue unqualified audit findings for 

an incurred cost audit only if the Defense Contract Audit Agency 

is peer reviewed by a commercial auditor and passes such peer 

review. Such peer review shall be conducted in accordance with 

the peer review requirements of generally accepted government 

auditing standards, including the requirements related to frequency 

of peer reviews, and shall be deemed to meet the requirements 

of the Defense Contract Audit Agency for a peer review under 

such standards. 

‘‘(2) Not later than October 1, 2019, the Secretary of Defense 

shall provide to the Committees on Armed Services of the Senate 

and the House of Representatives an update on the process of 

securing a commercial auditor to perform the peer review referred 

to in paragraph (1). 

‘‘(f) NUMERIC MATERIALITY STANDARDS FOR INCURRED COST

AUDITS.—(1) Not later than October 1, 2020, the Department of 

Defense shall implement numeric materiality standards for incurred 

cost audits to be used by auditors that are consistent with commercially accepted standards of risk and materiality. 

‘‘(2) Not later than October 1, 2019, the Secretary of Defense 

shall submit to the congressional defense committees a report containing proposed numeric materiality standards required under 

paragraph (1). In developing such standards, the Secretary shall 

consult with commercial auditors that conduct incurred cost audits, 

the advisory panel authorized under section 809 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 129 Stat. 889), and other governmental and nongovernmental 

entities with relevant expertise. 

‘‘(g) TIMELINESS OF INCURRED COST AUDITS.—(1) The Secretary 

of Defense shall ensure that all incurred cost audits performed 

by qualified private auditors or the Defense Contract Audit Agency 

are performed in a timely manner. 

‘‘(2) The Secretary of Defense shall notify a contractor of the 

Department of Defense within 60 days after receipt of an incurred 

cost submission from the contractor whether the submission is 

a qualified incurred cost submission. 

‘‘(3) With respect to qualified incurred cost submissions received 

on or after the date of the enactment of this section, audit findings 

shall be issued for an incurred cost audit not later than one year 

after the date of receipt of such qualified incurred cost submission. 

‘‘(4) Not later than October 1, 2020, and subject to paragraph 

(5), if audit findings are not issued within one year after the 

date of receipt of a qualified incurred cost submission, the audit 

shall be considered to be complete and no additional audit work 

shall be conducted. 

‘‘(5) The Under Secretary of Defense (Comptroller) may waive 

the requirements of paragraph (4) on a case-by-case basis if the 

Director of the Defense Contract Audit Agency submits a written 

request. The Director of the Defense Contract Audit Agency shall 

include in the report required under section 2313a of this title 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1455 

the total number of waivers issued and the reasons for issuing 

each such waiver. 

‘‘(h) REVIEW OF AUDIT PERFORMANCE.—Not later than April 

1, 2025, the Comptroller General of the United States shall submit 

to the congressional defense committees a report that evaluates 

for the period beginning on October 1, 2019, and ending on August 

31, 2023— 

‘‘(1) the timeliness, individual cost, and quality of incurred 

cost audits, set forth separately by incurred cost audits performed by the Defense Contract Audit Agency and by qualified 

private auditors; 

‘‘(2) the cost to contractors of the Department of Defense 

for incurred cost audits, set forth separately by incurred cost 

audits performed by the Defense Contract Audit Agency and 

by qualified private auditors; 

‘‘(3) the effect, if any, on other types of audits conducted 

by the Defense Contract Audit Agency that results from 

incurred cost audits conducted by qualified private auditors; 

and 

‘‘(4) the capability and capacity of qualified private auditors 

to conduct incurred cost audits for the Department of Defense. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘commercial auditor’ means a private entity 

engaged in the business of performing audits. 

‘‘(2) The term ‘incurred cost audit’ means an audit of 

charges to the Government by a contractor under a flexibly 

priced contract. 

‘‘(3) The term ‘flexibly priced contract’ has the meaning 

given the term ‘flexibly-priced contracts and subcontracts’ in 

part 30 of the Federal Acquisition Regulation (section 30.001 

of title 48, Code of Federal Regulations). 

‘‘(4) The term ‘generally accepted government auditing 

standards’ means the generally accepted government auditing 

standards of the Comptroller General of the United States. 

‘‘(5) The term ‘numeric materiality standard’ means a dollar 

amount of misstatements, including omissions, contained in 

an incurred cost audit that would be material if the 

misstatements, individually or in the aggregate, could reasonably be expected to influence the economic decisions of the 

Government made on the basis of the incurred cost audit. 

‘‘(6) The term ‘qualified incurred cost submission’ means 

a submission by a contractor of costs incurred under a flexibly 

priced contract that has been qualified by the Department 

of Defense as sufficient to conduct an incurred cost audit. 

‘‘(7) The term ‘qualified private auditor’ means a commercial auditor— 

‘‘(A) that performs audits in accordance with generally 

accepted government auditing standards; and 

‘‘(B) that has received a passing peer review rating, 

as defined by generally accepted government auditing 

standards.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2313a the following new item: 

‘‘2313b. Performance of incurred cost audits.’’. 

10 USC 2301 

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131 STAT. 1456 PUBLIC LAW 115–91—DEC. 12, 2017 

(c) AMENDMENT TO DUTIES OF THE ADVISORY PANEL ON STREAM- LINING AND CODIFYING ACQUISITION REGULATIONS.—Subsection 

(c)(2) of section 809 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889), as amended 

by section 863(d) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2303), is 

amended— 

(1) in subparagraph (D) by striking ‘‘and’’ at the end; 

(2) by redesignating subparagraph (E) as subparagraph 

(F); 

(3) by adding after subparagraph (D) the following new 

subparagraph: 

‘‘(E) improve the efficiency of the contract auditing 

process, including through the development of risk-based 

materiality standards; and’’; and 

(4) in subparagraph (F) (as so redesignated), by striking 

‘‘subparagraphs (A) through (D)’’ and inserting ‘‘subparagraphs 

(A) through (E)’’. 

SEC. 804. REPEAL OF CERTAIN AUDITING REQUIREMENTS. 

Section 190 of title 10, United States Code, as proposed to 

be added by section 820(b)(1) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2274), 

is amended by striking subsection (f). 

SEC. 805. INCREASED SIMPLIFIED ACQUISITION THRESHOLD. 

Section 134 of title 41, United States Code, is amended by 

striking ‘‘$100,000’’ and inserting ‘‘$250,000’’. 

SEC. 806. REQUIREMENTS RELATED TO THE MICRO-PURCHASE 

THRESHOLD. 

(a) INCREASE IN THRESHOLD.—Section 1902(a)(1) of title 41, 

United States Code, is amended by striking ‘‘$3,000’’ and inserting 

‘‘$10,000’’. 

(b) CONVENIENCE CHECKS.—A convenience check may not be 

used for an amount in excess of one half of the micro-purchase 

threshold under section 1902(a) of title 41, United States Code, 

or a lower amount established by the head of the agency. 

SEC. 807. PROCESS FOR ENHANCED SUPPLY CHAIN SCRUTINY. 

(a) PROCESS.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall establish 

a process for enhancing scrutiny of acquisition decisions in order 

to improve the integration of supply chain risk management into 

the overall acquisition decision cycle. 

(b) ELEMENTS.—The process under subsection (a) shall include 

the following elements: 

(1) Designation of a senior official responsible for overseeing 

the development and implementation of the process. 

(2) Development or integration of tools to support commercial due-diligence, business intelligence, or otherwise analyze 

and monitor commercial activity to understand business relationships with entities determined to be threats to the United 

States. 

(3) Development of risk profiles of products or services 

based on commercial due-diligence tools and data services. 

(4) Development of education and training curricula for 

the acquisition workforce that supports the process. 

10 USC 2302 

note. 

41 USC 1902 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1457 

(5) Integration, as needed, with intelligence sources to 

develop threat profiles of entities determined to be threats 

to the United States. 

(6) Periodic review and assessment of software products 

and services on computer networks of the Department of 

Defense to remove prohibited products or services. 

(7) Synchronization of the use of current authorities for 

making supply chain decisions, including section 806 of Public 

Law 111–383 (10 U.S.C. 2304 note) or improved use of suspension and debarment officials. 

(8) Coordination with interagency, industrial, and international partners, as appropriate, to share information, develop 

Government-wide strategies for dealing with significant entities 

determined to be significant threats to the United States, and 

effectively use authorities in other departments and agencies 

to provide consistent, Government-wide approaches to supply 

chain threats. 

(9) Other matters as the Secretary considers necessary. 

(c) NOTIFICATION.—Not later than 90 days after establishing 

the process required by subsection (a), the Secretary shall provide 

a written notification to the Committees on Armed Services of 

the Senate and House of Representatives that the process has 

been established. The notification also shall include the following: 

(1) Identification of the official designated under subsection 

(b)(1). 

(2) Identification of tools and services currently available 

to the Department of Defense under subsection (b)(2). 

(3) Assessment of additional tools and services available 

under subsection (b)(2) that the Department of Defense should 

evaluate. 

(4) Identification of, or recommendations for, any statutory 

changes needed to improve the effectiveness of the process. 

(5) Projected resource needs for implementing any recommendations made by the Secretary. 

SEC. 808. DEFENSE POLICY ADVISORY COMMITTEE ON TECHNOLOGY. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

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

through the Chief Management Officer, shall form a committee 

of senior executives from United States firms in the national technology and industrial base to meet with the Secretary, the Secretaries of the military departments, and members of the Joint Chiefs 

of Staff to exchange information, including, as appropriate, classified 

information, on technology threats to the national security of the 

United States and on the emerging technologies from the national 

technology and industrial base that may become available to counter 

such threats in a timely manner. 

(b) MEETINGS.—The defense policy advisory committee on technology formed pursuant to subsection (a) shall meet with the Secretary and the other Department of Defense officials specified in 

such subsection collectively at least once annually in each of fiscal 

years 2018 through 2022. The Secretary of Defense shall provide 

the congressional defense committees annual briefings on the 

meetings. 

(c) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to the defense policy 


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131 STAT. 1458 PUBLIC LAW 115–91—DEC. 12, 2017 

advisory committee on technology established pursuant to this section. 

SEC. 809. REPORT ON EXTENSION OF DEVELOPMENT, ACQUISITION, 

AND SUSTAINMENT AUTHORITIES OF THE MILITARY 

DEPARTMENTS TO THE UNITED STATES SPECIAL OPERATIONS COMMAND. 

(a) REVIEW.—The Secretary of Defense shall carry out a review 

of the authorities available to the Secretaries of the military departments and the acquisition executives of the military departments 

for the development, acquisition, and sustainment of technology, 

equipment, and services for the military departments in order to 

determine the feasibility and advisability of the provision of such 

authorities to the Commander of the United States Special Operations Command and the acquisition executive of the Command 

for the development, acquisition, and sustainment of special operations-peculiar technology, equipment, and services. 

(b) REPORT.—Not later than 120 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 review required by subsection (a). The report shall 

include the following: 

(1) A description of the review. 

(2) An identification of the authorities the Secretary recommends for provision to the Commander of the United States 

Special Operations Command and the acquisition executive 

of the Command as described in subsection (a), and recommendations for any modifications of such authorities that 

the Secretary considers appropriate for purposes of the United 

States Special Operations Command. 

(3) Such recommendations for legislative or administrative 

action as the Secretary considers appropriate for the provision 

of authorities identified pursuant to paragraph (2) as described 

in subsection (a). 

(4) Such other matters as the Secretary considers appropriate in light of the review. 

SEC. 810. TECHNICAL AND CONFORMING AMENDMENTS RELATED TO 

PROGRAM MANAGEMENT PROVISIONS. 

(a) REPEAL OF DUPLICATIVE PROVISION RELATED TO PROGRAM

AND PROJECT MANAGEMENT.—Subsection (c) of section 503 of title 

31, United States Code, as added by section 861(a)(1) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2298), is repealed. 

(b) REPEAL OF DUPLICATIVE PROVISION RELATED TO PROGRAM

MANAGEMENT OFFICERS AND PROGRAM MANAGEMENT POLICY

COUNCIL.—Section 1126 of title 31, United States Code, as added 

by section 861(b)(1) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2299), is repealed. 

(c) REPEAL OF OBSOLETE PROVISIONS.—Section 861 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

130 Stat. 2298; Law 114–328; 130 Stat. 2299) is repealed. 

31 USC 503 note, 

1126 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1459 

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

Limitations 

SEC. 811. MODIFICATIONS TO COST OR PRICING DATA AND REPORTING 

REQUIREMENTS. 

(a) MODIFICATIONS TO SUBMISSIONS OF COST OR PRICING

DATA.— (1) TITLE 10.—Subsection (a) of section 2306a of title 10, 

United States Code, is amended— 

(A) by striking ‘‘December 5, 1990’’ each place it 

appears and inserting ‘‘June 30, 2018’’; 

(B) by striking ‘‘December 5, 1991’’ each place it 

appears and inserting ‘‘July 1, 2018’’; (C) by striking ‘‘$100,000’’ each place it appears and 

inserting ‘‘$750,000’’; 

(D) in paragraph (1)— 

(i) in subparagraphs (A)(i), (B)(i), (C)(i), (C)(ii), and 

(D)(i), by striking ‘‘$500,000’’ and inserting 

‘‘$2,000,000’’; and 

(ii) in subparagraph (B)(ii), by striking ‘‘$500,000’’ 

and inserting ‘‘$750,000’’; 

(E) in paragraph (6), by striking ‘‘December 5, 1990’’ 

and inserting ‘‘June 30, 2018’’; and 

(F) in paragraph (7), by striking ‘‘to the amount’’ and all that follows through ‘‘higher multiple of $50,000.’’ and 

inserting ‘‘in accordance with section 1908 of title 41.’’. 

(2) TITLE 41.—Section 3502 of title 41, United States Code, 

is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘October 13, 1994’’ each place it 

appears and inserting ‘‘June 30, 2018’’; 

(ii) by striking ‘‘$100,000’’ each place it appears and inserting ‘‘$750,000’’; 

(iii) in paragraphs (1)(A), (2)(A), (3)(A), (3)(B), and 

(4)(A), by striking ‘‘$500,000’’ and inserting 

‘‘$2,000,000’’; and 

(iv) in paragraph (2)(B), by striking ‘‘$500,000’’ 

and inserting ‘‘$750,000’’; 

(B) in subsection (f), by striking ‘‘October 13, 1994’’ 

and inserting ‘‘June 30, 2018’’; and 

(C) in subsection (g), by striking ‘‘to the amount’’ and 

all that follows through ‘‘higher multiple of $50,000.’’ and 

inserting ‘‘in accordance with section 1908.’’. 

(b) MODIFICATION TO AUTHORITY TO REQUIRE SUBMISSION.— 

Paragraph (1) of section 2306a(d) of title 10, United States Code, 

is amended by striking ‘‘the contracting officer shall require submission of’’ and all the follows through ‘‘to the extent necessary’’ and 

inserting ‘‘the offeror shall be required to submit to the contracting 

officer data other than certified cost or pricing data (if requested 

by the contracting officer), to the extent necessary’’. 

(c) COMPTROLLER GENERAL REVIEW OF MODIFICATIONS TO COST

OR PRICING DATA SUBMISSION REQUIREMENTS.—Not later than 

March 1, 2022, the Comptroller General of the United States shall 

submit to the congressional defense committees a report on the 


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131 STAT. 1460 PUBLIC LAW 115–91—DEC. 12, 2017 

implementation and effect of the amendments made by subsections 

(a) and (b). 

(d) REQUIREMENTS FOR DEFENSE CONTRACT AUDIT AGENCY

REPORT.— 

(1) IN GENERAL.—Section 2313a of title 10, United States 

Code, is amended— 

(A) in subsection (a)(2)— 

(i) in subparagraph (A)— 

(I) by inserting ‘‘and dollar value’’ after 

‘‘number’’; and 

(II) by inserting ‘‘, set forth separately by type 

of audit’’ after ‘‘pending’’; 

(ii) in subparagraph (C), by inserting ‘‘, both from 

the date of receipt of a qualified incurred cost submission and from the date the audit begins’’ after ‘‘audit’’; 

(iii) by amending subparagraph (D) to read as 

follows: 

‘‘(D) the sustained questioned costs, set forth separately 

by type of audit, both as a total value and as a percentage 

of the total questioned costs for the audit;’’; 

(iv) by striking subparagraph (E); and 

(v) by inserting after subparagraph (D) the following new subparagraphs: 

‘‘(E) the total number and dollar value of incurred 

cost audits completed, and the method by which such 

incurred cost audits were completed; 

‘‘(F) the aggregate cost of performing audits, set forth 

separately by type of audit; 

‘‘(G) the ratio of sustained questioned costs to the 

aggregate costs of performing audits, set forth separately 

by type of audit; and 

‘‘(H) the total number and dollar value of audits that 

are pending for a period longer than one year as of the 

end of the fiscal year covered by the report, and the fiscal 

year in which the qualified submission was received, set 

forth separately by type of audit;’’; and 

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

‘‘(d) DEFINITIONS.— 

‘‘(1) The terms ‘incurred cost audit’ and ‘qualified incurred 

cost submission’ have the meaning given those terms in section 

2313b of this title. 

‘‘(2) The term ‘sustained questioned costs’ means questioned 

costs that were recovered by the Federal Government as a 

result of contract negotiations related to such questioned costs.’’. 

(2) EXEMPTION TO REPORT TERMINATION REQUIREMENTS.— 

Section 1080(a) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 

111 note), as amended by section 1061(j) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply 

to the report required to be submitted to Congress under section 

2313a of title 10, United States Code. 

(e) ADJUSTMENT TO VALUE OF COVERED CONTRACTS FOR

REQUIREMENTS RELATING TO ALLOWABLE COSTS.—Subparagraph 

(B) of section 2324(l)(1) of title 10, United States Code, is amended 

by striking ‘‘to the equivalent’’ and all that follows through ‘‘higher 

10 USC 111 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1461 

multiple of $50,000.’’ and inserting ‘‘in accordance with section 

1908 of title 41.’’. 

SEC. 812. APPLICABILITY OF COST AND PRICING DATA CERTIFICATION 

REQUIREMENTS. 

Section 830(d) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2286) is amended— 

(1) in paragraph (1)(A), by striking ‘‘same product’’ and 

inserting ‘‘same or similar product’’; 

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

(3) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) DETERMINATION OF SAME OR SIMILAR PRODUCT.—The 

Secretary of Defense and the Secretary of State shall jointly 

determine whether a product is considered to be a similar 

product for the purposes of this pilot program. 

‘‘(3) WAIVER OF COST OR PRICING CERTIFICATION.—The Secretary of Defense may waive the certification requirement under 

section 2306a(a)(2) of title 10, United States Code, if the Secretary determines that the Federal Government has sufficient 

data and information regarding the reasonableness of the 

price.’’. 

SEC. 813. SUNSET OF CERTAIN PROVISIONS RELATING TO THE 

PROCUREMENT OF GOODS OTHER THAN UNITED STATES 

GOODS. 

(a) CHEMICAL WEAPONS ANTIDOTE.—Section 2534(c) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(5) CHEMICAL WEAPONS ANTIDOTE.—Subsections (a)(2) and 

(b)(2) shall cease to be effective on October 1, 2018.’’. 

(b) PHOTOVOLTAIC DEVICES.—Effective October 1, 2018, section 

858 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. 2534 note) is repealed. 

SEC. 814. COMPTROLLER GENERAL REPORT ON HEALTH AND SAFETY 

RECORDS. 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the Secretary of Defense and 

the congressional defense committees a report on the safety 

and health records of Department of Defense contractors. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) A description of the existing procedures of the 

Department of Defense to evaluate the safety and health 

records of current and prospective contractors. 

(B) An evaluation of the adherence of the Department 

of Defense to such procedures. 

(C) An assessment of the current incidence of safety 

and health violations by Department of Defense contractors. 

(D) An assessment of whether the Secretary of Labor 

has the resources to investigate and identify safety and 

health violations by Department of Defense contractors. 

(E) An assessment of whether the Secretary of Labor 

should consider assuming an expanded investigatory role 

10 USC 2534 

note. 

22 USC 2762 

note. 


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131 STAT. 1462 PUBLIC LAW 115–91—DEC. 12, 2017 

or a targeted enforcement program for ensuring the safety 

and health of individuals working under Department of 

Defense contracts. 

SEC. 815. LIMITATION ON UNILATERAL DEFINITIZATION. 

(a) LIMITATION.—Section 2326 of title 10, United States Code, 

is amended— 

(1) by redesignating subsections (c), (d), (e), (f), (g), (h), 

and (i) as subsections (d), (e), (f), (g), (h), (i), and (j) respectively; 

and 

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

‘‘(c) LIMITATION ON UNILATERAL DEFINITIZATION BY CON- TRACTING OFFICER.—With respect to any undefinitized contractual action with a value greater than $50,000,000, if agreement is not 

reached on contractual terms, specifications, and price within the 

period or by the date provided in subsection (b)(1), the contracting 

officer may not unilaterally definitize those terms, specifications, 

or price over the objection of the contractor until— 

‘‘(1) the service acquisition executive for the military 

department that awarded the contract, or the Under Secretary 

of Defense for Acquisition and Sustainment if the contract 

was awarded by a Defense Agency or other component of the 

Department of Defense, approves the definitization in writing; 

‘‘(2) the contracting officer provides a copy of the written 

approval to the contractor; and 

‘‘(3) a period of 30 calendar days has elapsed after the 

written approval is provided to the contractor.’’. 

(b) CONFORMING AMENDMENT.—Section 2326(b)(3) of such title 

is amended by striking ‘‘subsection (g)’’ and inserting ‘‘subsection 

(h)’’. 

(c) CONFORMING REGULATIONS.—Not later than 120 days after 

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

shall revise the Department of Defense Supplement to the Federal 

Acquisition Regulation to implement section 2326 of title 10, United 

States Code, as amended by this section. 

SEC. 816. AMENDMENT TO SUSTAINMENT REVIEWS. 

Section 2441(a) of title 10, United States Code, is amended 

by adding at the end the following: ‘‘The Secretary concerned shall 

make the memorandum and supporting documentation for each 

sustainment review available to the Under Secretary of Defense 

for Acquisition and Sustainment within 30 days after the review 

is completed.’’. 

SEC. 817. USE OF PROGRAM INCOME BY ELIGIBLE ENTITIES THAT 

CARRY OUT PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS. 

Section 2414 of title 10, United States Code, is amended— 

(1) in the section heading, by striking ‘‘LIMITATION’’ and 

inserting ‘‘FUNDING’’; and 

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

‘‘(d) USE OF PROGRAM INCOME.— 

‘‘(1) An eligible entity that earned income in a specified 

fiscal year from activities carried out pursuant to a procurement 

technical assistance program funded under this chapter may 

expend an amount of such income, not to exceed 25 percent 

of the cost of furnishing procurement technical assistance in 

10 USC 2326 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1463 

such specified fiscal year, during the fiscal year following such 

specified fiscal year, to carry out a procurement technical assistance program funded under this chapter. 

‘‘(2) An eligible entity that does not enter into a cooperative 

agreement with the Secretary for a fiscal year— 

‘‘(A) shall notify the Secretary of the amount of any 

income the eligible entity carried over from the previous 

fiscal year; and 

‘‘(B) may retain an amount of such income equal to 

10 percent of the value of assistance furnished by the 

Secretary under this section during the previous fiscal year. 

‘‘(3) In determining the value of assistance furnished by 

the Secretary under this section for any fiscal year, the Secretary shall account for the amount of any income the eligible 

entity carried over from the previous fiscal year.’’. 

SEC. 818. ENHANCED POST-AWARD DEBRIEFING RIGHTS. 

(a) RELEASE OF CONTRACT AWARD INFORMATION.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that all 

required post-award debriefings, while protecting the confidential 

and proprietary information of other offerors, include, at a minimum, the following: 

(1) In the case of a contract award in excess of 

$100,000,000, a requirement for disclosure of the agency’s written source selection award determination, redacted to protect 

the confidential and proprietary information of other offerors 

for the contract award, and, in the case of a contract award 

in excess of $10,000,000 and not in excess of $100,000,000 

with a small business or nontraditional contractor, an option 

for the small business or nontraditional contractor to request 

such disclosure. 

(2) A requirement for a written or oral debriefing for all 

contract awards and task or delivery orders valued at 

$10,000,000 or higher. 

(3) Provisions ensuring that both unsuccessful and winning 

offerors are entitled to the disclosure described in paragraph 

(1) and the debriefing described in paragraph (2). 

(4) Robust procedures, consistent with section 2305(b)(5)(D) 

of title 10, United States Code, and provisions implementing 

that section in the Federal Acquisition Regulation, to protect 

the confidential and proprietary information of other offerors. 

(b) OPPORTUNITY FOR FOLLOW-UP QUESTIONS.—Section 

2305(b)(5) of title 10, United States Code, is amended— 

(1) by redesignating subparagraphs (C), (D), and (E) as 

subparagraphs (D), (E), and (F), respectively; 

(2) in subparagraph (B)— 

(A) in clause (v), by striking ‘‘; and’’ and inserting 

a semicolon; 

(B) in clause (vi), by striking the period at the end 

and inserting ‘‘; and’’; and 

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

‘‘(vii) an opportunity for a disappointed offeror to submit, 

within two business days after receiving a post-award 

debriefing, additional questions related to the debriefing.’’; and 

10 USC 2305 

note. 


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131 STAT. 1464 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C) The agency shall respond in writing to any additional 

question submitted under subparagraph (B)(vii) within five business 

days after receipt of the question. The agency shall not consider 

the debriefing to be concluded until the agency delivers its written 

responses to the disappointed offeror.’’. 

(c) COMMENCEMENT OF POST-BRIEFING PERIOD.—Section 

3553(d)(4) of title 31, United States Code, is amended— 

(1) by redesignating subparagraphs (A) and (B) as clauses 

(i) and (ii) respectively; 

(2) by striking ‘‘The period’’ and inserting ‘‘(A) The period’’; 

and 

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

‘‘(B) For procurements conducted by any component of the 

Department of Defense, the 5-day period described in subparagraph 

(A)(ii) does not commence until the day the Government delivers 

to a disappointed offeror the written responses to any questions 

submitted pursuant to section 2305(b)(5)(B)(vii) of title 10.’’. 

SEC. 819. AMENDMENTS RELATING TO INFORMATION TECHNOLOGY. 

(a) ELIMINATION OF SUNSET RELATING TO TRANSPARENCY AND

RISK MANAGEMENT OF MAJOR INFORMATION TECHNOLOGY INVESTMENTS.—Subsection (c) of section 11302 of title 40, United States 

Code, is amended by striking the first paragraph (5). 

(b) ELIMINATION OF SUNSET RELATING TO INFORMATION TECHNOLOGY PORTFOLIO, PROGRAM, AND RESOURCE REVIEWS.—Section 

11319 of title 40, United States Code, is amended— 

(1) by redesignating the second subsection (c) as subsection 

(d); and 

(2) in subsection (d), as so redesignated, by striking paragraph (6). 

(c) EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER

CONSOLIDATION INITIATIVE.—Subsection (e) of section 834 of the 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 44 U.S.C. 3601 note) is amended by striking ‘‘2018’’ 

and inserting ‘‘2020’’. 

SEC. 820. CHANGE TO DEFINITION OF SUBCONTRACT IN CERTAIN CIRCUMSTANCES. 

Section 1906(c)(1) of title 41, United States Code, is amended 

by adding at the end the following: ‘‘The term does not include 

agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple 

contracts with the Federal Government and other parties and are 

not identifiable to any particular contract.’’. 

SEC. 821. AMENDMENT RELATING TO APPLICABILITY OF INFLATION 

ADJUSTMENTS. 

Section 1908(d) of title 41, United States Code, is amended 

by inserting before the period at the end the following: ‘‘and shall 

apply, in the case of the procurement of property or services by 

contract, to a contract, and any subcontract at any tier under 

the contract, in effect on that date without regard to the date 

of award of the contract or subcontract.’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1465 

SEC. 822. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE 

SELECTION PROCESS. 

(a) ADDITIONAL REQUIREMENTS.—Subsection (b) of section 813 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat 2270; 10 U.S.C. 2305 note) is 

amended— 

(1) in paragraph (5), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in paragraph (6), by striking the period at the end 

and inserting a semicolon; and 

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

‘‘(7) the Department of Defense would realize no, or 

minimal, additional innovation or future technological advantage by using a different methodology; and 

‘‘(8) with respect to a contract for procurement of goods, 

the goods procured are predominantly expendable in nature, 

nontechnical, or have a short life expectancy or short shelf 

life.’’. 

(b) REPORTING REQUIREMENT.— 

(1) IN GENERAL.—Subsection (d) of such section is amended 

by striking ‘‘contract exceeding $10,000,000’’ and inserting ‘‘contract exceeding $5,000,000’’. 

(2) APPLICABILITY.—The amendment made by this subsection shall apply with respect to the second, third, and fourth 

reports submitted under subsection (d) of section 813 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat 2271; 10 U.S.C. 2305 note). 

SEC. 823. EXEMPTION FROM DESIGN-BUILD SELECTION PROCEDURES. 

Subsection (d) of section 2305a of title 10, United States Code, 

is amended by striking the second and third sentences and inserting 

the following: ‘‘If the contract value exceeds $4,000,000, the maximum number specified in the solicitation shall not exceed 5 

unless— 

‘‘(1) the solicitation is issued pursuant to a indefinite 

delivery-indefinite quantity contract for design-build construction; or 

‘‘(2)(A) the head of the contracting activity, delegable to 

a level no lower than the senior contracting official within 

the contracting activity, approves the contracting officer’s justification with respect to an individual solicitation that a maximum number greater than 5 is in the interest of the Federal 

Government; and 

‘‘(B) the contracting officer provides written documentation 

of how a maximum number greater than 5 is consistent with 

the purposes and objectives of the two-phase selection procedures.’’. 

SEC. 824. CONTRACT CLOSEOUT AUTHORITY. 

Section 836(b)(1) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2286) is 

amended by striking ‘‘entered into prior to fiscal year 2000’’ and 

inserting ‘‘entered into on a date that is at least 17 fiscal years 

before the current fiscal year’’. 

10 USC 2302 

note. 

10 USC 2305 

note. 


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131 STAT. 1466 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 825. ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF PENALTIES FOR COST OVERRUNS. 

(a) IN GENERAL.—Section 828 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 

U.S.C. 2430 note) is amended— 

(1) in subsection (a), by striking ‘‘each fiscal year beginning 

with fiscal year 2015’’ and inserting ‘‘each of fiscal years 2018 

through 2022’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘or underrun’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘or underruns’’; and 

(ii) by striking ‘‘,Technology, and Logistics’’ and 

inserting ‘‘and Sustainment’’; 

(C) in paragraph (3)— 

(i) by striking ‘‘and cost underruns’’; and 

(ii) by striking ‘‘or underruns’’; and 

(D) in paragraph (4), by striking ‘‘, except that the 

cost overrun penalty may not be a negative amount’’; 

(3) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; 

(4) by inserting after subsection (b) the following new subsection: 

‘‘(c) TOTAL COST OVERRUN PENALTY.—Notwithstanding the 

amount of a cost overrun penalty determined in (b), the total 

cost overrun penalty for a military department (including any cost 

overrun penalty for joint programs of military departments) for 

a fiscal year may not exceed $50,000,000.’’; and 

(5) in subsection (d) (as so redesignated)— 

(A) in paragraph (1)— 

(i) in the paragraph heading, by inserting ‘‘OR

PROCUREMENT’’ after ‘‘EVALUATION’’; 

(ii) by striking ‘‘each fiscal year beginning with 

fiscal year 2015’’ and inserting ‘‘each of fiscal years 

2018 through 2022’’; 

(iii) by striking ‘‘each research’’ and inserting ‘‘the 

research’’; 

(iv) by striking ‘‘evaluation account’’ and inserting 

‘‘evaluation or procurement accounts’’; and 

(v) by striking ‘‘percentage’’ and inserting 

‘‘amount’’; and 

(B) in paragraph (2)— 

(i) in the paragraph heading, by striking ‘‘AMOUNT’’ 

and inserting ‘‘AMOUNTS’’; 

(ii) by striking ‘‘percentage reduction’’ and 

inserting ‘‘reductions’’; 

(iii) by striking ‘‘evaluation accounts’’ and inserting 

‘‘evaluation or procurement accounts’’; 

(iv) by striking ‘‘paragraph (1) is the percentage 

reduction’’ and inserting ‘‘paragraph (1) are the reductions’’; and 

(v) by inserting ‘‘, when combined,’’ after ‘‘equal’’. 

(b) PRIOR FISCAL YEARS.—The requirements of section 828 of 

the National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 10 U.S.C. 2430 note), as in effect on the day before 

the date of the enactment of this Act, shall continue to apply 

with respect to fiscal years beginning on or before October 1, 2016. 

10 USC 2430 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1467 

SEC. 826. MODIFICATION TO ANNUAL MEETING REQUIREMENT OF 

CONFIGURATION STEERING BOARDS. 

Section 814(c)(4) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4529; 10 U.S.C. 2430 note) is amended— 

(1) by striking ‘‘The Secretary’’ and inserting 

‘‘(A) ANNUAL MEETING.—Except as provided in subparagraph (B), the Secretary’’; and 

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

‘‘(B) EXCEPTION.—If the service acquisition executive 

of the military department concerned determines, in 

writing, that there have been no changes to the program 

requirements of a major defense acquisition program 

during the preceding year, the Configuration Steering 

Board for such major defense acquisition program is not 

required to meet as described in subparagraph (A).’’. 

SEC. 827. PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED 

GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS. 

(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall 

carry out a pilot program to determine the effectiveness of requiring 

contractors to reimburse the Department of Defense for costs 

incurred in processing covered protests. 

(b) DURATION.—The pilot program shall— 

(1) begin on the date that is two years after the date 

of the enactment of this Act; and 

(2) end on the date that is five years after the date of 

the enactment of this Act. 

(c) REPORT.—Not later than 90 days after the date on which 

the pilot program under subsection (a) ends, the Secretary shall 

provide a report to the Committees on Armed Services of the House 

of Representatives and the Senate assessing the feasibility of 

making permanent such pilot program. 

(d) COVERED PROTEST DEFINED.—In this section, the term ‘‘covered protest’’ means a bid protest that was— 

(1) denied in an opinion issued by the Government Accountability Office; (2) filed by a party with revenues in excess of $250,000,000 

(based on fiscal year 2017 constant dollars) during the previous 

year; and 

(3) filed on or after October 1, 2019 and on or before 

September 30, 2022. 

Subtitle C—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 831. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION PROGRAM. 

Section 2430(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)(B), by inserting ‘‘in the case of a 

program that is not a program for the acquisition of an automated information system (either a product or a service),’’ after 

‘‘(B)’’; and 

(2) in paragraph (2)— 

(A) by striking ‘‘does not include an acquisition program’’ and inserting the following: ‘‘does not include— 

10 USC 2304 

note. 


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131 STAT. 1468 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(A) an acquisition program’’; and 

(B) by striking the period at the end and inserting 

the following: ‘‘; or 

‘‘(B) an acquisition program for a defense business system 

(as defined in section 2222(i)(1) of this title) carried out using 

the acquisition guidance issued pursuant to section 883(e) of 

the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 10 U.S.C. 2223a note).’’. 

SEC. 832. PROHIBITION ON USE OF LOWEST PRICE TECHNICALLY 

ACCEPTABLE SOURCE SELECTION PROCESS FOR MAJOR 

DEFENSE ACQUISITION PROGRAMS. 

(a) PROHIBITION.— 

(1) IN GENERAL.—Chapter 144 of title 10, United States 

Code, is amended by inserting after section 2441 the following 

new section: 

‘‘§ 2442. Prohibition on use of lowest price technically acceptable source selection process 

‘‘(a) IN GENERAL.—The Department of Defense shall not use 

a lowest price technically acceptable source selection process for 

the engineering and manufacturing development contract of a major 

defense acquisition program. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE

SELECTION PROCESS.—The term ‘lowest price technically acceptable source selection process’ has the meaning given that term 

in part 15 of the Federal Acquisition Regulation. 

‘‘(2) MAJOR DEFENSE ACQUISITION PROGRAM.—The term 

‘major defense acquisition program’ has the meaning given 

that term in section 2430 of this title. 

‘‘(3) ENGINEERING AND MANUFACTURING DEVELOPMENT CONTRACT.—The term ‘engineering and manufacturing development 

contract’ means a prime contract for the engineering and manufacturing development of a major defense acquisition program.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2441 the following new item: 

‘‘2442. Prohibition on use of lowest price technically acceptable source selection process.’’. 

(b) APPLICABILITY.—The requirements of section 2442 of title 

10, United States Code, as added by subsection (a), shall apply 

to major defense acquisition programs for which budgetary 

authority is requested for fiscal year 2019 or a subsequent fiscal 

year. 

SEC. 833. ROLE OF THE CHIEF OF THE ARMED FORCE IN MATERIAL 

DEVELOPMENT DECISION AND ACQUISITION SYSTEM 

MILESTONES. 

Section 2547(b) 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) Consistent with the performance of duties under subsection 

(a), the Chief of the armed force concerned, or in the case of 

a joint program the chiefs of the armed forces concerned, with 

respect to major defense acquisition programs, shall— 

10 USC 2442 

note. 

10 USC 2430 

prec. 

10 USC 2442 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1469 

‘‘(A) concur with the need for a material solution as identified in the Material Development Decision Review prior to 

entry into the Material Solution Analysis Phase under Department of Defense Instruction 5000.02; 

‘‘(B) concur with the cost, schedule, technical feasibility, 

and performance trade-offs that have been made with regard 

to the program before Milestone A approval is granted under 

section 2366a of this title; 

‘‘(C) concur that appropriate trade-offs among cost, 

schedule, technical feasibility, and performance objectives have 

been made to ensure that the program is affordable when 

considering the per unit cost and the total life-cycle cost before 

Milestone B approval is granted under section 2366b of this 

title; and 

‘‘(D) concur that the requirements in the program capability 

document are necessary and realistic in relation to program 

cost and fielding targets as required by paragraph (1) before 

Milestone C approval is granted.’’. 

SEC. 834. REQUIREMENT TO EMPHASIZE RELIABILITY AND MAINTAINABILITY IN WEAPON SYSTEM DESIGN. 

(a) SUSTAINMENT FACTORS IN WEAPON SYSTEM DESIGN.— 

(1) IN GENERAL.—Chapter 144 of title 10, United States 

Code, as amended by section 832, is further amended by adding 

at the end the following new section: 

‘‘§ 2443. Sustainment factors in weapon system design 

‘‘(a) IN GENERAL.—The Secretary of Defense shall ensure that 

the defense acquisition system gives ample emphasis to sustainment 

factors, particularly those factors that are affected principally by 

the design of a weapon system, in the development of a weapon 

system. 

‘‘(b) REQUIREMENTS PROCESS.—The Secretary shall ensure that 

reliability and maintainability are included in the performance 

attributes of the key performance parameter on sustainment during 

the development of capabilities requirements. 

‘‘(c) SOLICITATION AND AWARD OF CONTRACTS.— 

‘‘(1) REQUIREMENT.—The program manager of a weapon 

system shall include in the solicitation for and terms of a 

covered contract for the weapon system clearly defined and 

measurable requirements for engineering activities and design 

specifications for reliability and maintainability. 

‘‘(2) EXCEPTION.—If the program manager determines that 

engineering activities and design specifications for reliability 

or maintainability should not be a requirement in a covered 

contract or a solicitation for such a contract, the program manager shall document in writing the justification for the decision. 

‘‘(3) SOURCE SELECTION CRITERIA.—The Secretary shall 

ensure that sustainment factors, including reliability and 

maintainability, are given ample emphasis in the process for 

source selection. The Secretary shall encourage the use of objective reliability and maintainability criteria in the evaluation 

of competitive proposals. 

‘‘(d) CONTRACT PERFORMANCE.— 

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

Department of Defense uses best practices for responding to 

the positive or negative performance of a contractor in meeting 

10 USC 2443. 


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131 STAT. 1470 PUBLIC LAW 115–91—DEC. 12, 2017 

the sustainment requirements of a covered contract for a 

weapon system. The Secretary shall encourage the use of incentive fees and penalties as appropriate and authorized in paragraph (2) in all covered contracts for weapons systems. 

‘‘(2) AUTHORITY FOR INCENTIVE FEES AND PENALTIES.—The 

Secretary of Defense is authorized to include in any covered 

contract provisions for the payment of incentive fees to the 

contractor based on achievement of design specification requirements for reliability and maintainability of weapons systems 

under the contract, or the imposition of penalties to be paid 

by the contractor to the Government for failure to achieve 

such design specification requirements. Information about such 

fees or penalties shall be included in the solicitation for any 

covered contract that includes such fees or penalties. 

‘‘(3) MEASUREMENT OF RELIABILITY AND MAINTAINABILITY.— In carrying out paragraph (2), the program manager shall 

base determinations of a contractor’s performance on reliability 

and maintainability data collected during the program. Such 

data collection and associated evaluation metrics shall be 

described in detail in the covered contract. To the maximum 

extent practicable, such data shall be shared with appropriate 

contractor and government organizations. 

‘‘(4) NOTIFICATION.—The Secretary of Defense shall notify 

the congressional defense committees upon entering into a covered contract that includes incentive fees or penalties authorized in paragraph (2). 

‘‘(e) COVERED CONTRACT DEFINED.—In this section, the term 

‘covered contract’, with respect to a weapon system, means a contract— 

‘‘(1) for the engineering and manufacturing development 

of a weapon system, including embedded software; or 

‘‘(2) for the production of a weapon system, including 

embedded software.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter I of such chapter, as amended by 

section 832, is further amended by adding at the end the 

following new item: 

‘‘2443. Sustainment factors in weapon system design.’’. 

(b) EFFECTIVE DATE FOR CERTAIN PROVISIONS.—Subsections (c) 

and (d) of section 2443 of title 10, United States Code, as added 

by subsection (a), shall apply with respect to any covered contract 

(as defined in that section) for which the contract solicitation is 

issued on or after the date occurring one year after the date of 

the enactment of this Act. 

(c) ENGINEERING CHANGE AUTHORIZED.—Subject to the availability of appropriations, the Secretary of Defense may fund 

engineering changes to the design of a weapon system in the 

engineering and manufacturing development phase or in the production phase of an acquisition program to improve reliability or 

maintainability of the weapon system and reduce projected operating and support costs. 

SEC. 835. LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO 

SUPPORT MAJOR WEAPON SYSTEMS. 

(a) NEGOTIATION OF PRICE FOR TECHNICAL DATA BEFORE

DEVELOPMENT OR PRODUCTION OF MAJOR WEAPON SYSTEM.— 

10 USC 2443 

note. 

10 USC 2443 

note. 

10 USC 2430 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1471 

(1) REQUIREMENT.—Chapter 144 of title 10, United States 

Code, is amended by inserting after section 2438 the following 

new section: 

‘‘§ 2439. Negotiation of price for technical data before 

development or production of major weapon systems 

‘‘The Secretary of Defense shall ensure that the Department 

of Defense, before selecting a contractor for the engineering and 

manufacturing development of a major weapon system, or for the 

production of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development 

or production.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2438 the following new item: 

‘‘2439. Negotiation of price for technical data before development or production of 

major weapon systems.’’. 

(3) EFFECTIVE DATE.—Section 2439 of title 10, United 

States Code, as added by paragraph (1), shall apply with respect 

to any contract for engineering and manufacturing development 

of a major weapon system, or for the production of a major 

weapon system, for which the contract solicitation is issued 

on or after the date occurring one year after the date of the 

enactment of this Act. 

(b) WRITTEN DETERMINATION FOR MILESTONE B APPROVAL.— 

(1) IN GENERAL.—Subsection (a)(3) of section 2366b of title 

10, United States Code, is amended— 

(A) by striking ‘‘and’’ at the end of subparagraph (M); 

and 

(B) by inserting after subparagraph (N) the following 

new subparagraph: 

‘‘(O) appropriate actions have been taken to negotiate 

and enter into a contract or contract options for the technical data required to support the program; and’’. 

(2) EFFECTIVE DATE.—Section 2366b(a)(3)(O) of title 10, 

United States Code, as added by paragraph (1), shall apply 

with respect to any major defense acquisition program receiving 

Milestone B approval on or after the date occurring one year 

after the date of the enactment of this Act. 

(c) PREFERENCE FOR NEGOTIATION OF CUSTOMIZED LICENSE

AGREEMENTS.—Section 2320 of title 10, United States Code, is 

amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) PREFERENCE FOR SPECIALLY NEGOTIATED LICENSES.—The 

Secretary of Defense shall, to the maximum extent practicable, 

negotiate and enter into a contract with a contractor for a specially 

negotiated license for technical data to support the product support 

strategy of a major weapon system or subsystem of a major weapon 

system. In performing the assessment and developing the corresponding strategy required under subsection (e) for such a system 

or subsystem, a program manager shall consider the use of specially 

10 USC 2366b 

note. 

10 USC 2439 

note. 

100 USC 2430 

prec. 

10 USC 2439. 


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131 STAT. 1472 PUBLIC LAW 115–91—DEC. 12, 2017 

negotiated licenses to acquire customized technical data appropriate 

for the particular elements of the product support strategy.’’. 

SEC. 836. CODIFICATION OF REQUIREMENTS PERTAINING TO ASSESSMENT, MANAGEMENT, AND CONTROL OF OPERATING AND 

SUPPORT COSTS FOR MAJOR WEAPON SYSTEMS. 

(a) CODIFICATION AND AMENDMENT.— 

(1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, is amended by inserting after section 2337 the following 

new section: 

‘‘§ 2337a. Assessment, management, and control of operating 

and support costs for major weapon systems 

‘‘(a) GUIDANCE REQUIRED.—The Secretary of Defense shall issue 

and maintain guidance on actions to be taken to assess, manage, 

and control Department of Defense costs for the operation and 

support of major weapon systems. 

‘‘(b) ELEMENTS.—The guidance required by subsection (a) shall, 

at a minimum— 

‘‘(1) be issued in conjunction with the comprehensive guidance on life-cycle management and the development and 

implementation of product support strategies for major weapon 

systems required by section 2337 of this title; 

‘‘(2) require the military departments to retain each estimate of operating and support costs that is developed at any 

time during the life cycle of a major weapon system, together 

with supporting documentation used to develop the estimate; 

‘‘(3) require the military departments to update estimates 

of operating and support costs periodically throughout the life 

cycle of a major weapon system, to determine whether preliminary information and assumptions remain relevant and 

accurate, and identify and record reasons for variances; 

‘‘(4) establish policies and procedures for the collection, 

organization, maintenance, and availability of standardized 

data on operating and support costs for major weapon systems 

in accordance with section 2222 of this title; 

‘‘(5) establish standard requirements for the collection and 

reporting of data on operating and support costs for major 

weapon systems by contractors performing weapon system 

sustainment functions in an appropriate format, and develop 

contract clauses to ensure that contractors comply with such 

requirements; 

‘‘(6) require the military departments— 

‘‘(A) to collect and retain data from operational and 

developmental testing and evaluation on the reliability and 

maintainability of major weapon systems; and 

‘‘(B) to use such data to inform system design decisions, 

provide insight into sustainment costs, and inform estimates of operating and support costs for such systems; 

‘‘(7) require the military departments to ensure that 

sustainment factors are fully considered at key life-cycle 

management decision points and that appropriate measures 

are taken to reduce operating and support costs by influencing 

system design early in development, developing sound 

sustainment strategies, and addressing key drivers of costs; 

‘‘(8) require the military departments to conduct an independent logistics assessment of each major weapon system prior 

10 USC 2337a. 


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to key acquisition decision points (including milestone decisions) 

to identify features that are likely to drive future operating 

and support costs, changes to system design that could reduce 

such costs, and effective strategies for managing such costs; 

‘‘(9) include— 

‘‘(A) reliability metrics for major weapon systems; and 

‘‘(B) requirements on the use of metrics under subparagraph (A) as triggers— 

‘‘(i) to conduct further investigation and analysis 

into drivers of those metrics; and 

‘‘(ii) to develop strategies for improving reliability, 

availability, and maintainability of such systems at 

an affordable cost; and 

‘‘(10) require the military departments to conduct periodic 

reviews of operating and support costs of major weapon systems 

after such systems achieve initial operational capability to identify and address factors resulting in growth in operating and 

support costs and adapt support strategies to reduce such costs. 

‘‘(c) RETENTION OF DATA ON OPERATING AND SUPPORT COSTS.— 

‘‘(1) IN GENERAL.—The Director of Cost Assessment and 

Program Evaluation shall be responsible for developing and 

maintaining a database on operating and support estimates, 

supporting documentation, and actual operating and support 

costs for major weapon systems. 

‘‘(2) SUPPORT.—The Secretary of Defense shall ensure that 

the Director, in carrying out such responsibility— 

‘‘(A) promptly receives the results of all cost estimates 

and cost analyses conducted by the military departments 

with regard to operating and support costs of major weapon 

systems; 

‘‘(B) has timely access to any records and data of the 

military departments (including classified and proprietary 

information) that the Director considers necessary to carry 

out such responsibility; and 

‘‘(C) with the concurrence of the Under Secretary of 

Defense for Acquisition and Sustainment, may direct the 

military departments to collect and retain information necessary to support the database. 

‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the 

term ‘major weapon system’ has the meaning given that term 

in section 2379(f) of title 10, United States Code.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 137 of such title is amended by adding 

after the item relating to section 2337 the following new item: 

‘‘2337a. Assessment, management, and control of operating and support costs for 

major weapon systems.’’. 

(b) REPEAL OF SUPERSEDED SECTION.— 

(1) REPEAL.—Section 832 of the National Defense 

Authorization Act for Fiscal Year 2012 (Public Law 112–81; 

10 U.S.C. 2430 note) is repealed. 

(2) CONFORMING AMENDMENT.—Section 2441(c) of title 10, 

United States Code, is amended by striking ‘‘section 2337 of 

this title’’ and all that follows through the period and inserting 

‘‘sections 2337 and 2337a of this title.’’. 

10 USC 2301 

prec. 


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131 STAT. 1474 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 837. SHOULD-COST MANAGEMENT. 

(a) REQUIREMENT FOR REGULATIONS.—Not later than 180 days 

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

shall amend the Defense Supplement to the Federal Acquisition 

Regulation to provide for the appropriate use of the should-cost 

review process of a major weapon system in a manner that is 

transparent, objective, and provides for the efficiency of the systems 

acquisition process in the Department of the Defense. 

(b) REQUIRED ELEMENTS.—The regulations required under subsection (a) shall incorporate, at a minimum, the following elements: 

(1) A description of the features of the should-cost review 

process. 

(2) Establishment of a process for communicating with 

the prime contractor on the program the elements of a proposed 

should-cost review. 

(3) A method for ensuring that identified should-cost 

savings opportunities are based on accurate, complete, and 

current information and can be quantified and tracked. 

(4) A description of the training, skills, and experience 

that Department of Defense and contractor officials carrying 

out a should-cost review in subsection (a) should possess. 

(5) A method for ensuring appropriate collaboration with 

the contractor throughout the review process. 

(6) Establishment of review process requirements that provide for sufficient analysis and minimize any impact on program 

schedule. 

SEC. 838. IMPROVEMENTS TO TEST AND EVALUATION PROCESSES AND 

TOOLS. 

(a) DEVELOPMENTAL TEST PLAN SUFFICIENCY ASSESSMENTS.— 

(1) ADDITION TO MILESTONE B BRIEF SUMMARY REPORT.— 

Section 2366b(c)(1) of title 10, United States Code, is amended— 

(A) by redesignating subparagraph (G) as subparagraph (H); and 

(B) by inserting after subparagraph (F) the following 

new subparagraph (G): 

‘‘(G) An assessment of the sufficiency of developmental 

test and evaluation plans, including the use of automated 

data analytics or modeling and simulation tools and methodologies.’’. 

(2) ADDITION TO MILESTONE C BRIEF SUMMARY REPORT.— 

Section 2366c(a) of such title is amended by inserting after 

paragraph (3) the following new paragraph: 

‘‘(4) An assessment of the sufficiency of the developmental 

test and evaluation completed, including the use of automated 

data analytics or modeling and simulation tools and methodologies.’’. 

(3) RESPONSIBILITY FOR CONDUCTING ASSESSMENTS.—For 

purposes of the sufficiency assessments required by section 

2366b(c)(1) and section 2366c(a)(4) of such title, as added by 

paragraphs (1) and (2), with respect to a major defense acquisition program— 

(A) if the milestone decision authority for the program 

is the service acquisition executive of the military department that is managing the program, the sufficiency assessment shall be conducted by the senior official within the 

10 USC 2366b 

note. 

10 USC 2337a 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1475 

military department with responsibility for developmental 

testing; and 

(B) if the milestone decision authority for the program 

is the Under Secretary of Defense for Acquisition and 

Sustainment, the sufficiency assessment shall be conducted 

by the senior Department of Defense official with responsibility for developmental testing. 

(4) GUIDANCE REQUIRED.—Within one year after the date 

of the enactment of this Act, the senior Department of Defense 

official with responsibility for developmental testing shall 

develop guidance for the sufficiency assessments required by 

section 2366b(c)(1) and section 2366c(a)(4) of title 10, United 

States Code, as added by paragraphs (1) and (2). At a minimum, 

the guidance shall require— 

(A) for the sufficiency assessment required by section 

2366b(c)(1) of such title, that the assessment address the 

sufficiency of— 

(i) the developmental test and evaluation plan; 

(ii) the developmental test and evaluation 

schedule, including a comparison to historic analogous 

systems; 

(iii) the developmental test and evaluation 

resources (facilities, personnel, test assets, data analytics tools, and modeling and simulation capabilities); 

(iv) the risks of developmental test and production 

concurrency; and 

(v) the developmental test criteria for entering the 

production phase; and 

(B) for the sufficiency assessment required by section 

2366c(a)(4) of such title, that the assessment address— 

(i) the sufficiency of the developmental test and 

evaluation completed; 

(ii) the sufficiency of the plans and resources available for remaining developmental test and evaluation; 

(iii) the risks identified during developmental 

testing to the production and deployment phase; 

(iv) the sufficiency of the plans and resources for 

remaining developmental test and evaluation; and 

(v) the readiness of the system to perform scheduled initial operational test and evaluation. 

(b) EVALUATION OF DEPARTMENT OF DEFENSE NEED FOR CENTRALIZED TOOLS FOR DEVELOPMENTAL TEST AND EVALUATION.— 

The Secretary of Defense shall evaluate the strategy of the Department of Defense for developing and expanding the use of tools 

designed to facilitate the cost effectiveness and efficiency of developmental testing, including automated test methods and tools, modeling and simulation tools, and data analytics technologies. The 

evaluation shall include a determination of the appropriate role 

of the senior Department of Defense official with responsibility 

for developmental testing in developing enterprise level strategies 

related to such types of testing tools. 

SEC. 839. ENHANCEMENTS TO TRANSPARENCY IN TEST AND EVALUATION PROCESSES AND DATA. 

(a) ADDITIONAL TEST AND EVALUATION DUTIES OF MILITARY

SECRETARIES AND DEFENSE AGENCY HEADS.— 

10 USC 2399 

note. 

10 USC 2366b. 


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131 STAT. 1476 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) REPORT ON COMPARISON OF OPERATIONAL TEST AND

EVALUATION RESULTS TO LEGACY ITEMS OR COMPONENTS.— 

Concurrent with the submission of a report required under 

section 2399(b)(2) of title 10, United States Code, the Secretary 

of a military department or the head of a Defense Agency 

may provide to the congressional defense committees and the 

Secretary of Defense a report describing of the performance 

of the items or components evaluated as part of the operational 

test and evaluation for each major defense acquisition program 

conducted under such section by the Director of Operational 

Test and Evaluation in relation to comparable legacy items 

or components, if such items or components exist and relevant 

data are available without requiring additional testing. 

(2) ADDITIONAL REPORT ON OPERATIONAL TEST AND EVALUATION ACTIVITIES.—Within 45 days after the submission of an 

annual report required by section 139(h) of title 10, United 

States Code, the Secretaries of the military departments may 

each submit to the congressional defense committees a report 

addressing any concerns related to information included in 

the annual report, or providing updated or additional information, as appropriate. 

(b) REQUIREMENTS FOR COLLECTION OF COST DATA ON TEST

AND EVALUATION.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act and subject to paragraph (2), 

the Director of Operational Test and Evaluation, the senior 

official of the Department of Defense with responsibility for 

developmental testing, and the Director of the Test Resource 

Management Center shall jointly develop policies, procedures, 

guidance, and a method to collect data that ensures that consistent and high quality data are collected on the full range 

of estimated and actual developmental, live fire, and operational 

testing costs for major defense acquisition programs. 

(2) CONCURRENCE AND COORDINATION REQUIRED.—Before 

implementing the policies, procedures, guidance, and method 

developed under paragraph (1), the Director of Operational 

Test and Evaluation, the senior official of the Department 

of Defense with responsibility for developmental testing, and 

the Director of the Test Resource Management Center shall— 

(A) obtain the concurrence of the Director for Cost 

Assessment and Program Evaluation; and 

(B) coordinate with the Secretaries of the military 

departments. 

(3) DATA REQUIREMENTS.— 

(A) ELECTRONIC DATABASE.—Data on estimated and 

actual developmental, live fire, and operational testing 

costs shall be maintained in an electronic database maintained by the Director for Cost Assessment and Program 

Evaluation or another appropriate official of the Department of Defense, and shall be made available for analysis 

by testing, acquisition, and other appropriate officials of 

the Department of Defense, as determined by the Director 

of Operational Test and Evaluation, the senior official of 

the Department of Defense with responsibility for developmental testing, or the Director of the Test Resource 

Management Center. 


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(B) DIAGGREGATION BY COSTS.—To the maximum 

extent practicable, data collected under this subsection 

shall be set forth separately by costs for developmental 

testing, operational testing, and training. 

(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning provided in section 2430 of title 10, United States Code. 

Subtitle D—Provisions Relating to 

Acquisition Workforce 

SEC. 841. ENHANCEMENTS TO THE CIVILIAN PROGRAM MANAGEMENT 

WORKFORCE. 

(a) ESTABLISHMENT OF PROGRAM MANAGER DEVELOPMENT PROGRAM.— 

(1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretaries of the military departments, shall implement a program manager development program to provide for 

the professional development of high-potential, experienced 

civilian personnel. Personnel shall be competitively selected 

for the program based on their potential to become a program 

manager of a major defense acquisition program, as defined 

in section 2430 of title 10, United States Code. The program 

shall be administered and overseen by the Secretary of each 

military department, acting through the service acquisition 

executive for the department concerned. 

(2) PLAN REQUIRED.—Not later than one year after the 

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

shall provide to the Committees on Armed Services of the 

Senate and the House of Representatives a comprehensive plan 

to implement the program established under paragraph (1). 

In developing the plan, the Secretary of Defense shall seek 

the input of relevant external parties, including professional 

associations, other government entities, and industry. The plan 

shall include the following elements: 

(A) An assessment of the minimum level of subject 

matter experience, education, years of experience, certifications, and other qualifications required to be selected 

into the program, set forth separately for current Department of Defense employees and for personnel hired into 

the program from outside the Department of Defense. 

(B) A description of hiring flexibilities to be used to 

recruit qualified personnel from outside the Department 

of Defense. 

(C) A description of the extent to which mobility agreements will be required to be signed by personnel selected 

for the program during their participation in the program 

and after their completion of the program. The use of 

mobility agreements shall be applied to help maximize 

the flexibility of the Department of Defense in assigning 

personnel, while not inhibiting the participation of the 

most capable candidates. 

(D) A description of the tenure obligation required 

of personnel selected for the program. 

10 USC 1722b 

note. 


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(E) A plan for training during the course of the program, including training in leadership, program management, engineering, finance and budgeting, market research, 

business acumen, contracting, supplier management, 

requirement setting and tradeoffs, intellectual property 

matters, and software. 

(F) A description of career paths to be followed by 

personnel in the program in order to ensure that personnel 

in the program gain expertise in the program management 

functional career field competencies identified by the 

Department in existing guidance and the topics listed in 

subparagraph (E), including— 

(i) a determination of the types of advanced educational degrees that enhance program management 

skills and the mechanisms available to the Department 

of Defense to facilitate the attainment of those degrees 

by personnel in the program; 

(ii) a determination of required assignments to 

positions within acquisition programs, including position type and acquisition category of the program office; 

(iii) a determination of required or encouraged 

rotations to career broadening positions outside of 

acquisition programs; and 

(iv) a determination of how the program will 

ensure the opportunity for a required rotation to 

industry of at least six months to develop an understanding of industry motivation and business acumen, 

such as by developing an industry exchange program 

for civilian program managers, similar to the Corporate 

Fellows Program of the Secretary of Defense. 

(G) A general description of the number of personnel 

anticipated to be selected into the program, how frequently 

selections will occur, how long personnel selected into the 

program will participate in the program, and how personnel 

will be placed into an assignment at the completion of 

the program. 

(H) A description of benefits that will be offered under 

the program using existing human capital flexibilities to 

retain qualified employees, such as student loan repayments, bonuses, or pay banding. 

(I) An assessment of personnel flexibilities needed to 

allow the military departments and the Defense Agencies 

to reassign or remove program managers that do not perform effectively. 

(J) A description of how the program will be administered and overseen by the Secretaries of each military 

department, acting through the service acquisition executive for the department concerned. 

(K) A description of how the program will be integrated 

with existing program manager development efforts at each 

military department. 

(3) USE OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND.—Amounts in the Department of Defense Acquisition 

Workforce Development Fund (established under section 1705 

of title 10, United States Code) may be used to pay the base 

salary of personnel in the program established under paragraph 

(1) during the period of time such personnel are temporarily 


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assigned to a developmental rotation or training program anticipated to last at least six months. 

(4) IMPLEMENTATION.—The program established under 

paragraph (1) shall be implemented not later than September 

30, 2019. 

(b) INDEPENDENT STUDY OF INCENTIVES FOR PROGRAM MAN- AGERS.— (1) REQUIREMENT FOR STUDY.—Not later than 30 days after 

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

shall enter into a contract with an independent research entity 

described in paragraph (2) to carry out a comprehensive study 

of incentives for Department of Defense civilian and military 

program managers for major defense acquisition programs, 

including— 

(A) additional pay options for program managers to 

provide incentives to senior civilian employees and military 

officers to accept and remain in program manager roles; 

(B) a financial incentive structure to reward program 

managers for delivering capabilities on budget and on time; 

and 

(C) a comparison between financial and non-financial 

incentive structures for program managers in the Department of Defense and an appropriate comparison group 

of private industry companies. 

(2) INDEPENDENT RESEARCH ENTITY.—The entity described 

in this subsection is an independent research entity that is 

a not-for-profit entity or a federally funded research and 

development center with appropriate expertise and analytical 

capability. 

(3) REPORTS.— 

(A) TO SECRETARY.—Not later than nine months after 

the date of the enactment of this Act, the independent 

research entity shall provide to the Secretary a report 

containing— 

(i) the results of the study required by paragraph 

(1); and 

(ii) such recommendations to improve the financial 

incentive structure of program managers for major 

defense acquisition programs as the independent 

research entity considers to be appropriate. 

(B) TO CONGRESS.—Not later than 30 days after receipt 

of the report under subparagraph (A), the Secretary of 

Defense shall submit such report, together with any additional views or recommendations of the Secretary, to the 

congressional defense committees. 

SEC. 842. CREDITS TO DEPARTMENT OF DEFENSE ACQUISITION 

WORKFORCE DEVELOPMENT FUND. 

Section 1705(d)(2)(D) of title 10, United States Code, is amended 

to read as follows: 

‘‘(D) The Secretary of Defense may adjust the amount specified in subparagraph (C) for a fiscal year if the Secretary 

determines that the amount is greater or less than reasonably 

needed for purposes of the Fund for such fiscal year. The 

Secretary may not adjust the amount for a fiscal year to an 

amount that is more than $600,000,000 or less than 

$400,000,000.’’. 


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131 STAT. 1480 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 843. IMPROVEMENTS TO THE HIRING AND TRAINING OF THE 

ACQUISITION WORKFORCE. 

(a) USE OF FUNDS FROM THE DEFENSE ACQUISITION WORKFORCE

DEVELOPMENT FUND TO PAY SALARIES OF PERSONNEL TO MANAGE

THE FUND.— 

(1) IN GENERAL.—Subsection 1705(e) of title 10, United 

States Code, is amended— 

(A) in paragraph (1)— 

(i) by inserting ‘‘(A)’’ before ‘‘Subject to the provisions of this subsection’’; and 

(ii) by adding at the end the following new 

subparagraph: 

‘‘(B) Amounts in the Fund also may be used to pay salaries 

of personnel at the Office of the Secretary of Defense, military 

departments, and Defense Agencies to manage the Fund.’’; and 

(B) in paragraph (3)— 

(i) by striking ‘‘and’’ at the end of subparagraph 

(C); 

(ii) by striking the period and inserting ‘‘; and’’ 

at the end of subparagraph (D); and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(E) describing the amount from the Fund that may 

be used to pay salaries of personnel at the Office of the 

Secretary of Defense, military departments, and Defense 

Agencies to manage the Fund and the circumstances under 

which such amounts may be used for such purpose.’’. 

(2) GUIDANCE.—Not later than 180 days after the date 

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

issue, and submit to the congressional defense committees, 

the policy guidance required by subparagraph (E) of section 

1705(e)(3) of title 10, United States Code, as added by paragraph (1). 

(b) COMPTROLLER GENERAL REVIEW OF EFFECTIVENESS OF

HIRING AND RETENTION FLEXIBILITIES FOR ACQUISITION WORKFORCE

PERSONNEL.— 

(1) IN GENERAL.—Not later than June 30, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report on the effectiveness of hiring 

and retention flexibilities for the acquisition workforce. 

(2) ELEMENTS.—The report under this subsection shall 

include the following: 

(A) A determination of the extent to which the Department of Defense experiences challenges with recruitment 

and retention of the acquisition workforce, such as postemployment restrictions. 

(B) A description of the hiring and retention flexibilities 

available to the Department to fill civilian acquisition positions and the extent to which the Department has used 

the flexibilities available to it to target critical or understaffed career fields. 

(C) A determination of the extent to which the Department has the necessary data and metrics on its use of 

hiring and retention flexibilities for the civilian acquisition 

workforce to strategically manage the use of such flexibilities. 

10 USC 1705 

note. 


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(D) An identification of the factors that affect the use 

of hiring and retention flexibilities for the civilian acquisition workforce. 

(E) Recommendations for any necessary changes to 

the hiring and retention flexibilities available to the 

Department to fill civilian acquisition positions. 

(F) A description of the flexibilities available to the 

Department to remove underperforming members of the 

acquisition workforce and the extent to which any such 

flexibilities are used. 

(c) ASSESSMENT AND REPORT REQUIRED ON BUSINESS-RELATED

TRAINING FOR THE ACQUISITION WORKFORCE.— (1) ASSESSMENT.—The Under Secretary of Defense for 

Acquisition and Sustainment shall conduct an assessment of 

the following: 

(A) The effectiveness of industry certifications, other 

industry training programs, including fellowships, and 

training and education programs at educational institutions 

outside of the Defense Acquisition University available to 

defense acquisition workforce personnel. 

(B) Gaps in knowledge of industry operations, industry 

motivation, and business acumen in the acquisition 

workforce. 

(2) REPORT.—Not later than December 31, 2018, the Under 

Secretary shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report containing the results of the assessment conducted under this 

subsection. 

(3) ELEMENTS.—The assessment and report under paragraphs (1) and (2) shall address the following: 

(A) Current sources of training and career development 

opportunities, industry rotations, and other career development opportunities related to knowledge of industry operations, industry motivation, and business acumen for each 

acquisition position, as designated under section 1721 of 

title 10, United States Code. 

(B) Gaps in training, industry rotations, and other 

career development opportunities related to knowledge of 

industry operations, industry motivation, and business acumen for each such acquisition position. 

(C) Plans to address those gaps for each such acquisition position. 

(D) Consideration of the role industry-taught classes 

and classes taught at educational institutions outside of 

the Defense Acquisition University could play in addressing 

gaps. 

(d) COMPTROLLER GENERAL REVIEW OF ACQUISITION TRAINING

FOR NON-ACQUISITION WORKFORCE PERSONNEL.— 

(1) IN GENERAL.—Not later than June 30, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report on acquisition-related 

training for personnel working on acquisitions but not considered to be part of the acquisition workforce (as defined in 

section 101(18) of title 10, United States Code) (hereafter in 

this subsection referred to as ‘‘non-acquisition workforce personnel’’). 

(2) ELEMENTS.—The report shall address the following: 


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131 STAT. 1482 PUBLIC LAW 115–91—DEC. 12, 2017 

(A) The extent to which non-acquisition workforce personnel play a significant role in defining requirements, 

conducting market research, participating in source selection and contract negotiation efforts, and overseeing contract performance. 

(B) The extent to which the Department is able to 

identify and track non-acquisition workforce personnel performing the roles identified in subparagraph (A). 

(C) The extent to which non-acquisition workforce personnel are taking acquisition training. 

(D) The extent to which the Defense Acquisition 

Workforce Development Fund has been used to provide 

acquisition training to non-acquisition workforce personnel. 

(E) A description of sources of funding other than 

the Fund that are available to and used by the Department 

to provide non-acquisition workforce personnel with 

acquisition training. 

(F) The extent to which additional acquisition training 

is needed for non-acquisition workforce personnel, including 

the types of training needed, the positions that need the 

training, and any challenges to delivering necessary additional training. 

SEC. 844. EXTENSION AND MODIFICATIONS TO ACQUISITION DEMONSTRATION PROJECT. 

(a) EXTENSION.—Section 1762(g) of title 10, United States Code, 

is amended by striking ‘‘December 31, 2020’’ and inserting 

‘‘December 31, 2023’’. 

(b) INCREASE IN LIMIT ON NUMBER OF PARTICIPANTS.—Section 

1762(c) of title 10, United States Code, is amended by striking 

‘‘the demonstration project under this section may not exceed 

120,000’’ and inserting ‘‘at any one time the demonstration project 

under this section may not exceed 130,000’’. 

(c) IMPLEMENTATION STRATEGY FOR IMPROVEMENTS IN ACQUISITION DEMONSTRATION PROJECT.— 

(1) STRATEGY REQUIRED.—The Secretary of Defense shall 

develop an implementation strategy to address areas for 

improvement in the demonstration project required by section 

1762 of title 10, United States Code, as identified in the second 

assessment of such demonstration project required by section 

1762(e) of such title. 

(2) ELEMENTS.—The strategy shall include the following 

elements: 

(A) Actions that have been or will be taken to assess 

whether the flexibility to set starting salaries at different 

levels is being used appropriately by supervisors and managers to compete effectively for highly skilled and motivated 

employees. 

(B) Actions that have been or will be taken to assess 

reasons for any disparities in career outcomes across race 

and gender for employees in the demonstration project. 

(C) Actions that have been or will be taken to 

strengthen the link between employee contribution and 

compensation for employees in the demonstration project. 

(D) Actions that have been or will be taken to enhance 

the transparency of the pay system for employees in the 

demonstration project. 


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(E) A time frame and individual responsible for each 

action identified under subparagraphs (A) through (D). 

(3) BRIEFING REQUIRED.—Not later than one year after 

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

shall provide a briefing to the Committees on Armed Services 

of the Senate and House of Representatives and the Committee 

on Oversight and Government Reform of the House of Representatives on the implementation strategy required by paragraph (1). 

Subtitle E—Provisions Relating to 

Commercial Items 

SEC. 846. PROCUREMENT THROUGH COMMERCIAL E-COMMERCE PORTALS. 

(a) ESTABLISHMENT OF PROGRAM.—The Administrator shall 

establish a program to procure commercial products through 

commercial e-commerce portals for purposes of enhancing competition, expediting procurement, enabling market research, and 

ensuring reasonable pricing of commercial products. The Administrator shall carry out the program in accordance with this section, 

through multiple contracts with multiple commercial e-commerce 

portal providers, and shall design the program to be implemented 

in phases with the objective of enabling Government-wide use of 

such portals. 

(b) USE OF PROGRAM.—The head of a department or agency 

may procure, as appropriate, commercial products for the department or agency using the program established pursuant to subsection (a). 

(c) IMPLEMENTATION AND REPORTING REQUIREMENTS.—The 

Director of the Office of Management and Budget, in consultation 

with the Administrator and the heads of other relevant departments 

and agencies, shall carry out the implementation phases set forth 

in, and submit to the appropriate congressional committees the 

items of information required by, the following paragraphs: 

(1) PHASE I: IMPLEMENTATION PLAN.—Not later than 90 

days after the date of the enactment of this Act, an implementation plan and schedule for carrying out the program established 

pursuant to subsection (a), including a discussion and recommendations regarding whether any changes to, or exemptions from, laws that set forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government are necessary for effective 

implementation of this section. 

(2) PHASE II: MARKET ANALYSIS AND CONSULTATION.—Not 

later than one year after the date of the submission of the 

implementation plan and schedule required under paragraph 

(1), recommendations for any changes to, or exemptions from, 

laws necessary for effective implementation of this section, 

and information on the results of the following actions: 

(A) Market analysis and initial communications with 

potential commercial e-commerce portal providers on technical considerations of how the portals function (including 

the use of standard terms and conditions of the portals 

by the Government), the degree of customization that can 

occur without creating a Government-unique portal, the 

41 USC 1901 

note. 


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131 STAT. 1484 PUBLIC LAW 115–91—DEC. 12, 2017 

measures necessary to address the considerations for supplier and product screening specified in subsection (e), security of data, considerations pertaining to nontraditional 

Government contractors, and potential fees, if any, to be 

charged by the Administrator, the portal provider, or the 

suppliers for participation in the program established 

pursuant to subsection (a). 

(B) Consultation with affected departments and agencies about their unique procurement needs, such as supply 

chain risks for health care products, information technology, software, or any other category determined necessary by the Administrator. 

(C) An assessment of the products or product categories 

that are suitable for purchase on the commercial e-commerce portals. 

(D) An assessment of the precautions necessary to 

safeguard any information pertaining to the Federal 

Government, especially precautions necessary to protect 

against national security or cybersecurity threats. 

(E) A review of standard terms and conditions of 

commercial e-commerce portals in the context of Government requirements. 

(F) An assessment of the impact on existing programs, 

including schedules, set-asides for small business concerns, 

and other preference programs. 

(3) PHASE III: PROGRAM IMPLEMENTATION GUIDANCE.—Not 

later than two years after the date of the submission of the 

implementation plan and schedule required under paragraph 

(1), guidance to implement and govern the use of the program 

established pursuant to subsection (a), including protocols for 

oversight of procurement through the program, and compliance 

with laws pertaining to supplier and product screening requirements, data security, and data analytics. 

(4) ADDITIONAL IMPLEMENTATION PHASES.—A description 

of additional implementation phases, as determined by the 

Administrator, that includes a selection of agencies to participate in any such additional implementation phase (which may 

include the award of contracts to multiple commercial e-commerce portal providers). 

(d) CONSIDERATIONS FOR COMMERCIAL E-COMMERCE PORTALS.— 

The Administrator shall consider commercial e-commerce portals 

for use under the program established pursuant to subsection (a) 

that are widely used in the private sector and have or can be 

configured to have features that facilitate the execution of program 

objectives, including features related to supplier and product selection that are frequently updated, an assortment of product and 

supplier reviews, invoicing payment, and customer service. 

(e) INFORMATION ON SUPPLIERS, PRODUCTS, AND PURCHASES.— 

(1) SUPPLIER PARTICIPATION AND PRODUCT SCREENING.— 

The Administrator shall provide or ensure electronic availability to a commercial e-commerce portal provider awarded 

a contract pursuant to subsection (a) on a periodic basis 

information necessary to ensure compliance with laws pertaining to supplier and product screening as identified during 

implementation phase III, as described in subsection (c)(3). 

(2) PROVISION OF ORDER INFORMATION.—The Administrator 

shall require each commercial e-commerce portal provider 


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awarded a contract pursuant to subsection (a) to provide order 

information as determined by the Administrator during 

implementation phase II, as described in subsection (c)(2). 

(f) RELATIONSHIP TO OTHER PROVISIONS OF LAW.— 

(1) All laws, including laws that set forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, apply to the program established pursuant to subsection (a) unless otherwise 

provided in this section. 

(2) A procurement of a product made through a commercial 

e-commerce portal under the program established pursuant 

to subsection (a) is deemed to be an award of a prime contract 

for purposes of the goals established under section 15(g) of 

the Small Business Act (15 U.S.C. 644(g)), if the purchase 

is from a supplier that is a small business concern. 

(3) Nothing in this section shall be construed as limiting 

the authority of a department or agency to restrict competition 

to small business concerns. 

(4) Nothing in this section shall be construed as limiting 

the applicability of section 1341 of title 31, United States Code 

(popularly referred to as the Anti-Deficiency Act). 

(g) USE OF COMMERCIAL PRACTICES AND STANDARD TERMS AND

CONDITIONS.—A procurement of a product through a commercial 

e-commerce portal used under the program established pursuant 

to subsection (a) shall be made, to the maximum extent practicable, 

under the standard terms and conditions of the portal relating 

to purchasing on the portal. 

(h) DISCLOSURE, PROTECTION, AND USE OF INFORMATION.—In 

any contract awarded to a commercial e-commerce portal provider 

pursuant to subsection (a), the Administrator shall require that 

the provider— 

(1) agree not to sell or otherwise make available to any 

third party any information pertaining to a product ordered 

by the Federal Government through the commercial e-commerce 

portal in a manner that identifies the Federal Government, 

or any of its departments or agencies, as the purchaser, except 

if the information is needed to process or deliver an order 

or the Administrator provides written consent; 

(2) agree to take the necessary precautions to safeguard 

any information pertaining to the Federal Government, especially precautions necessary to protect against national security 

or cybersecurity threats; and 

(3) agree not to use, for pricing, marketing, competitive, 

or other purposes, any information related to a product from 

a third-party supplier featured on the commercial e-commerce 

portal or the transaction of such a product, except as necessary 

to comply with the requirements of the program established 

pursuant to subsection (a). 

(i) SIMPLIFIED ACQUISITION THRESHOLD.—A procurement 

through a commercial e-commerce portal used under the program 

established pursuant to subsection (a) shall not exceed the simplified acquisition threshold in section 134 of title 41, United States 

Code. 

(j) COMPTROLLER GENERAL ASSESSMENTS.— 

(1) ASSESSMENT OF IMPLEMENTATION PLAN.—Not later than 

90 days after the Director of the Office of Management and 


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Budget submits the implementation plan described in subsection (c)(1) to the appropriate congressional committees, the 

Comptroller General of the United States shall submit to the 

appropriate congressional committees an assessment of the 

plan, including any other matters the Comptroller General 

considers relevant to the plan. 

(2) ASSESSMENT OF PROGRAM IMPLEMENTATION.—Not later 

than three years after the first contract with a commercial 

e-commerce portal provider is awarded pursuant to subsection 

(a), the Comptroller General of the United States shall submit 

to the appropriate congressional committees a report on the 

challenges and benefits the General Services Administration 

and participating departments and agencies observe regarding 

implementation of the program established pursuant to subsection (a). The report shall include the following elements: 

(A) A description of the acquisition of the commercial 

e-commerce portals (including the extent to which the portals had to be configured or otherwise modified to meet 

the needs of the program) costs, and the implementation 

schedule. 

(B) A description of participation by suppliers, with 

particular attention to those described under subsection 

(e), that have registered or that have sold goods with 

at least one commercial e-commerce portal provider, 

including numbers, categories, and trends. 

(C) The effect, if any, of the program on the ability 

of agencies to meet goals established for suppliers and 

products described under subsection (e), including goals 

established under section 15(g) of the Small Business Act 

(15 U.S.C. 644(g)). 

(D) A discussion of the limitations, if any, to participation by suppliers in the program. 

(E) Any other matters the Comptroller General considers relevant to report. 

(k) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of General Services. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the following: 

(A) The Committees on Armed Services of the Senate 

and House of Representatives. 

(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. 

(C) The Committee on Small Business and 

Entrepreneurship of the Senate and the Committee on 

Small Business of the House of Representatives. 

(3) COMMERCIAL E-COMMERCE PORTAL.—The term ‘‘commercial e-commerce portal’’ means a commercial solution providing 

for the purchase of commercial products aggregated, distributed, sold, or manufactured via an online portal. The term 

does not include an online portal managed by the Government 

for, or predominantly for use by, Government agencies. 

(4) COMMERCIAL PRODUCT.—The term ‘‘commercial product’’ 

means a commercially available off-the-shelf item, as defined 


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in section 104 of title 41, United States Code, except the term 

does not include services. 

(5) SMALL BUSINESS CONCERN.—The term ‘‘small business 

concern’’ has the meaning given such term under section 3 

of the Small Business Act (15 U.S.C. 632). 

SEC. 847. REVISION TO DEFINITION OF COMMERCIAL ITEM. 

(a) IN GENERAL.—Section 103(8) of title 41, United States Code, 

is amended by inserting before the period at the end the following: 

‘‘or to multiple foreign governments’’. 

(b) EFFECT ON SECTION 2464 OF TITLE 10.—Nothing in the 

amendment made by subsection (a) shall affect the meaning of 

the term ‘‘commercial item’’ for purposes of subsection (a)(5) of 

section 2464 of title 10, United States Code, or any requirement 

under subsection (a)(3) or subsection (c) of such section. 

SEC. 848. COMMERCIAL ITEM DETERMINATIONS. 

Section 2380 of title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) IN GEN- ERAL.—The Secretary’’; and 

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

‘‘(b) ITEMS PREVIOUSLY ACQUIRED USING COMMERCIAL ITEM

ACQUISITION PROCEDURES.— ‘‘(1) DETERMINATIONS.—A contract for an item acquired 

using commercial item acquisition procedures under part 12 

of the Federal Acquisition Regulation shall serve as a prior 

commercial item determination with respect to such item for 

purposes of this chapter unless the senior procurement executive of the military department or the Department of Defense 

as designated for purposes of section 1702(c) of title 41 determines in writing that it is no longer appropriate to acquire 

the item using commercial item acquisition procedures. 

‘‘(2) LIMITATION.—(A) Except as provided under subparagraph (B), funds appropriated or otherwise made available to 

the Department of Defense may not be used for the procurement 

under part 15 of the Federal Acquisition Regulation of an 

item that was previously acquired under a contract using 

commercial item acquisition procedures under part 12 of the 

Federal Acquisition Regulation. 

‘‘(B) The limitation under subparagraph (A) does not apply 

to the procurement of an item that was previously acquired 

using commercial item acquisition procedures under part 12 

of the Federal Acquisition Regulation following— 

‘‘(i) a written determination by the head of contracting 

activity pursuant to section 2306a(b)(4)(B) of this title that 

the use of such procedures was improper; or 

‘‘(ii) a written determination by the senior procurement 

executive of the military department or the Department 

of Defense as designated for purposes of section 1702(c) 

of title 41 that it is no longer appropriate to acquire the 

item using such procedures.’’. 

SEC. 849. REVIEW OF REGULATIONS ON COMMERCIAL ITEMS. 

(a) REVIEW OF DETERMINATIONS NOT TO EXEMPT DEPARTMENT

OF DEFENSE CONTRACTS FOR COMMERCIAL ITEMS 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 Secretary of Defense shall— 

41 USC 103 note. 


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131 STAT. 1488 PUBLIC LAW 115–91—DEC. 12, 2017 

(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 and subcontracts described in subsection (a) of section 2375 of title 10, United States Code, 

from laws 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 Department of Defense Supplement to the Federal Acquisition Regulation to provide an 

exemption from each law subject to such determination unless 

the Secretary determines there is a specific reason not to provide the exemption. 

(b) REVIEW OF CERTAIN CONTRACT CLAUSE REQUIREMENTS

APPLICABLE TO COMMERCIAL ITEM CONTRACTS.—Not later than one 

year after the date of the enactment of this Act, the Secretary 

of Defense shall— 

(1) review the Department of Defense Supplement to the 

Federal Acquisition Regulation to assess all regulations that 

require a specific contract clause for a contract using commercial item 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 Department of Defense Supplement to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Secretary 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 Secretary of Defense shall— 

(1) review the Department of Defense Supplement to 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 Department of Defense Supplement to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Secretary determines on a case-by-case basis that there is a specific reason 

not to eliminate the regulation. 

SEC. 850. TRAINING IN COMMERCIAL ITEMS PROCUREMENT. 

(a) TRAINING.—Not later than one year after the date of the 

enactment of this Act, the President of the Defense Acquisition 

University shall establish a comprehensive training program on 

part 12 of the Federal Acquisition Regulation. The training shall 

cover, at a minimum, the following topics: 

(1) The origin of part 12 and the congressional mandate 

to prefer commercial procurements. 

(2) The definition of a commercial item, with a particular 

focus on the ‘‘of a type’’ concept. 

(3) Price analysis and negotiations. 

(4) Market research and analysis. 

(5) Independent cost estimates. 

10 USC 1746 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1489 

(6) Parametric estimating methods. 

(7) Value analysis. 

(8) Best practices in pricing from commercial sector 

organizations, foreign government organizations, and other Federal, State, and local public sectors organizations. 

(9) Other topics on commercial procurements necessary 

to ensure a well-educated acquisition workforce. 

(b) ENROLLMENTS GOALS.—The President of the Defense 

Acquisition University shall set goals for student enrollment for 

the comprehensive training program established under subsection 

(a). 

(c) SUPPORTING ACTIVITIES.—The Secretary of Defense shall, 

in support of the achievement of the goals of this section— 

(1) engage academic experts on research topics of interest 

to improve commercial item identification and pricing methodologies; and 

(2) facilitate exchange and interface opportunities between 

government personnel to increase awareness of best practices 

and challenges in commercial item identification and pricing. 

(d) FUNDING.—The Secretary of Defense shall use amounts 

available in the Department of Defense Acquisition Workforce 

Development Fund established under section 1705 of title 10, United 

States Code, to fund the comprehensive training program established under subsection (a). 

Subtitle F—Provisions Relating to Services 

Contracting 

SEC. 851. IMPROVEMENT OF PLANNING FOR ACQUISITION OF SERVICES. 

(a) IN GENERAL.— 

(1) IMPROVEMENT OF PLANNING FOR ACQUISITION OF SERVICES.—Chapter 137 of title 10, United States Code, is amended 

by inserting after section 2328 the following new section: 

‘‘§ 2329. Procurement of services: data analysis and requirements validation 

‘‘(a) IN GENERAL.—The Secretary of Defense shall ensure that— 

‘‘(1) appropriate and sufficiently detailed data are collected 

and analyzed to support the validation of requirements for 

services contracts and inform the planning, programming, budgeting, and execution process of the Department of Defense; 

‘‘(2) requirements for services contracts are evaluated 

appropriately and in a timely manner to inform decisions 

regarding the procurement of services; and 

‘‘(3) decisions regarding the procurement of services consider available resources and total force management policies 

and procedures. 

‘‘(b) SPECIFICATION OF AMOUNTS REQUESTED IN BUDGET.—Effective October 1, 2022, the Secretary of Defense shall annually submit 

to Congress information on services contracts that clearly and separately identifies the amount requested for each category of services 

to be procured for each Defense Agency, Department of Defense 

Field Activity, command, or military installation. Such information 

shall— 

10 USC 2329. 


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131 STAT. 1490 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(1) be submitted at or about the time of the budget submission by the President under section 1105(a) of title 31; 

‘‘(2) cover the fiscal year covered by such budget submission 

by the President; 

‘‘(3) be consistent with total amounts of estimated expenditures and proposed appropriations necessary to support the 

programs, projects, and activities of the Department of Defense 

included in such budget submission by the President for that 

fiscal year; and 

‘‘(4) be organized using a common enterprise data structure 

developed under section 2222 of this title. 

‘‘(c) DATA ANALYSIS.—(1) Each Secretary of a military department shall regularly analyze past spending patterns and anticipated 

future requirements with respect to the procurement of services 

within such military department. 

‘‘(2)(A) The Secretary of Defense shall regularly analyze past 

spending patterns and anticipated future requirements with respect 

to the procurement of services— 

‘‘(i) within each Defense Agency and Department of Defense 

Field Activity; and 

‘‘(ii) across military departments, Defense Agencies, and 

Department of Defense Field Activities. 

‘‘(B) The Secretaries of the military departments shall make 

data on services contracts available to the Secretary of Defense 

for purposes of conducting the analysis required under subparagraph (A). 

‘‘(3) The analyses conducted under this subsection shall— 

‘‘(A) identify contracts for similar services that are procured 

for three or more consecutive years at each Defense Agency, 

Department of Defense Field Activity, command, or military 

installation; 

‘‘(B) evaluate patterns in the procurement of services, to 

the extent practicable, at each Defense Agency, Department 

of Defense Field Activity, command, or military installation 

and by category of services procured; 

‘‘(C) be used to validate requirements for services contracts 

entered into after the date of the enactment of this subsection; 

and 

‘‘(D) be used to inform decisions on the award of and 

funding for such services contracts. 

‘‘(d) REQUIREMENTS EVALUATION.—Each Services Requirements 

Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies 

and procedures, available resources, the analyses conducted under 

subsection (c), and contracting efficacy and efficiency. An evaluation 

of a services contract for compliance with contracting policies and 

procedures may not be considered to be an evaluation of a requirement for such services contract. 

‘‘(e) TIMELY PLANNING TO AVOID BRIDGE CONTRACTS.—(1) Effective October 1, 2018, the Secretary of Defense shall ensure that 

a requirements owner shall, to the extent practicable, plan appropriately before the date of need of a service at a Defense Agency, 

Department of Defense Field Activity, command, or military 

installation to avoid the use of a bridge contract to provide for 

continuation of a service to be performed through a services contract. Such planning shall include allowing time for a requirement 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1491 

to be validated, a services contract to be entered into, and funding 

for the services contract to be secured. 

‘‘(2)(A) Upon the first use, due to inadequate planning (as 

determined by the Secretary of Defense), of a bridge contract to 

provide for continuation of a service to be performed through a 

services contract, the requirements owner, along with the contracting officer or a designee of the contracting officer for the 

contract, shall— 

‘‘(i) for a services contract in an amount less than 

$10,000,000, provide an update on the status of the bridge 

contract (including the rationale for using the bridge contract) 

to the commander or the senior civilian official of the Defense 

Agency concerned, Department of Defense Field Activity concerned, command concerned, or military installation concerned, 

as applicable; or 

‘‘(ii) for a services contract in an amount equal to or greater 

than $10,000,000, provide an update on the status of the bridge 

contract (including the rationale for using the bridge contract) 

to the service acquisition executive for the military department 

concerned, the head of the Defense Agency concerned, the 

combatant commander concerned, or the Under Secretary of 

Defense for Acquisition and Sustainment, as applicable. 

‘‘(B) Upon the second use, due to inadequate planning (as 

determined by the Secretary of Defense), of a bridge contract to 

provide for continuation of a service to be performed through a 

services contract in an amount less than $10,000,000, the commander or senior civilian official referred to in subparagraph (A)(i) 

shall provide notification of such second use to the Vice Chief 

of Staff of the armed force concerned and the service acquisition 

executive of the military department concerned, the head of the 

Defense Agency concerned, the combatant commander concerned, 

or the Under Secretary of Defense for Acquisition and Sustainment, 

as applicable. 

‘‘(f) EXCEPTION.—Except with respect to the analyses required 

under subsection (c), this section shall not apply to— 

‘‘(1) services contracts in support of contingency operations, 

humanitarian assistance, or disaster relief; 

‘‘(2) services contracts in support of a national security 

emergency declared with respect to a named operation; or 

‘‘(3) services contracts entered into pursuant to an international agreement. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘bridge contact’ means— 

‘‘(A) an extension to an existing contract beyond the 

period of performance to avoid a lapse in service caused 

by a delay in awarding a subsequent contract; or 

‘‘(B) a new short-term contract awarded on a solesource basis to avoid a lapse in service caused by a delay 

in awarding a subsequent contract. 

‘‘(2) The term ‘requirements owner’ means a member of 

the armed forces (other than the Coast Guard) or a civilian 

employee of the Department of Defense responsible for a 

requirement for a service to be performed through a services 

contract. 

‘‘(3) The term ‘Services Requirements Review Board’ has 

the meaning given in Department of Defense Instruction 


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131 STAT. 1492 PUBLIC LAW 115–91—DEC. 12, 2017 

5000.74, titled ‘Defense Acquisition of Services’ and dated 

January 5, 2016, or a successor instruction.’’ 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2328 the following new item: 

‘‘2329. Procurement of services: data analysis and requirements validation.’’. 

SEC. 852. STANDARD GUIDELINES FOR EVALUATION OF REQUIREMENTS FOR SERVICES CONTRACTS. 

(a) IN GENERAL.—The Secretary of Defense shall encourage 

the use of standard guidelines within the Department of Defense 

for the evaluation of requirements for services contracts. Such 

guidelines shall be available to the Services Requirements Review 

Boards (established under Department of Defense Instruction 

5000.74, titled ‘‘Defense Acquisition of Services’’ and dated January 

5, 2016, or a successor instruction) within each Defense Agency, 

each Department of Defense Field Activity, and each military 

department for the purpose of standardizing the requirements 

evaluation required under section 2329 of title 10, United States 

Code, as added by this Act. 

(b) DEFINITIONS.—In this section— 

(1) the terms ‘‘Defense Agency’’, ‘‘Department of Defense 

Field Activity’’, and ‘‘military department’’ have the meanings 

given those terms in section 101 of title 10, United States 

Code; and 

(2) the term ‘‘total force management policies and procedures’’ means the policies and procedures established under 

section 129a of such title. 

SEC. 853. REPORT ON OUTCOME-BASED SERVICES CONTRACTS. 

Not later than April 1, 2018, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

House of Representatives a report on the merits of using outcomebased services contracts within the Department of Defense. Such 

report shall include a comparison of the use of outcome-based 

services contracts by the Department of Defense compared to inputbased services contracts, the limitations of outcome-based services 

contracts, and an analysis of the cost implications of both 

approaches. 

SEC. 854. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE 

CONTRACTS. 

(a) ESTABLISHMENT.—The Secretary of Defense shall carry out 

a pilot program under which the Secretary may use the authority 

under subsection (a) of section 2306c of title 10, United States 

Code, to enter into up to five contracts for periods of not more 

than 10 years for services described in subsection (b) of such section. 

Each contract entered into pursuant to this subsection may be 

extended for up to five additional one-year terms. 

(b) STUDY.— 

(1) IN GENERAL.—Not later than 90 days after the date 

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

enter into an agreement with an independent organization 

with relevant expertise to study best practices and lessons 

learned from using services contracts for periods longer than 

five years by commercial companies, foreign governments, and 

State governments, as well as service contracts for periods 

10 USC 2306c 

note. 

10 USC 2329 

note. 

10 USC 2301 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1493 

longer than five years used by the Federal Government, such 

as energy savings performance contracts (as defined in section 

to section 804(3) of the National Energy Conservation Policy 

Act (42 U.S.C. 8287c(3)). 

(2) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the study 

conducted under paragraph (1). 

(c) COMPTROLLER GENERAL REPORT.—Not later than five years 

after the date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the congressional defense 

committees a report on the pilot program carried out under this 

section. 

Subtitle G—Provisions Relating to Other 

Transaction Authority and Prototyping 

SEC. 861. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF 

INITIAL OR ADDITIONAL PROTOTYPE UNITS. 

(a) PERMANENT AUTHORITY.— 

(1) IN GENERAL.—Chapter 137 of title 10, United States 

Code, is amended by inserting after section 2302d the following 

new section: 

‘‘§ 2302e. Contract authority for advanced development of 

initial or additional prototype units 

‘‘(a) AUTHORITY.—A contract initially awarded from the competitive selection of a proposal resulting from a general solicitation 

referred to in section 2302(2)(B) of this title may contain a contract 

line item or contract option for— 

‘‘(1) the provision of advanced component development, 

prototype, or initial production of technology developed under 

the contract; or 

‘‘(2) the delivery of initial or additional items if the item 

or a prototype thereof is created as the result of work performed 

under the contract. 

‘‘(b) LIMITATIONS.— 

‘‘(1) MINIMAL AMOUNT.—A contract line item or contract 

option described in subsection (a)(2) shall require the delivery 

of the minimal amount of initial or additional items to allow 

for the timely competitive solicitation and award of a followon development or production contract for those items. 

‘‘(2) TERM.—A contract line item or contract option 

described in subsection (a) shall be for a term of not more 

than 2 years. 

‘‘(3) DOLLAR VALUE OF WORK.—The dollar value of the 

work to be performed pursuant to a contract line item or 

contract option described in subsection (a) may not exceed 

$100,000,000, in fiscal year 2017 constant dollars. 

‘‘(4) APPLICABILITY.—The authority provided in subsection 

(a) applies only to the Secretary of Defense, the Secretary 

of the Army, the Secretary of the Navy, and the Secretary 

of the Air Force.’’. 

10 USC 2302e. 


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131 STAT. 1494 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2302d the following new item: 

‘‘2302e. Contract authority for advanced development of initial or additional prototype units.’’. 

(b) REPEAL OF OBSOLETE AUTHORITY.—Section 819 of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 10 U.S.C. 2302 note) is hereby repealed. 

SEC. 862. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS. 

Section 2358(b) of title 10, United States Code, is amended— 

(1) in paragraph (3), by striking ‘‘or’’; 

(2) in paragraph (4), by striking the period at the end 

and inserting a semicolon; and 

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

‘‘(5) by transactions (other than contracts, cooperative 

agreements, and grants) entered into pursuant to section 2371 

or 2371b of this title; or 

‘‘(6) by purchases through procurement for experimental 

purposes pursuant to section 2373 of this title.’’. 

SEC. 863. EDUCATION AND TRAINING FOR TRANSACTIONS OTHER 

THAN CONTRACTS AND GRANTS. 

Section 2371 of title 10, United States Code, is amended— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection: 

‘‘(g) EDUCATION AND TRAINING.—The Secretary of Defense 

shall— 

‘‘(1) ensure that management, technical, and contracting 

personnel of the Department of Defense involved in the award 

or administration of transactions under this section or other 

innovative forms of contracting are afforded opportunities for 

adequate education and training; and 

‘‘(2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including 

levels and requirements for acquisition certification programs.’’. 

SEC. 864. OTHER TRANSACTION AUTHORITY FOR CERTAIN PROTOTYPE 

PROJECTS. 

(a) EXPANDED AUTHORITY FOR PROTOTYPE PROJECTS.—Subsection (a)(2) of section 2371b of title 10, United States Code, 

is amended— 

(1) by striking ‘‘for a prototype project’’ each place such 

term appears and inserting ‘‘for a transaction (for a prototype 

project)’’; 

(2) in subparagraph (A)— 

(A) by striking ‘‘$50,000,000’’ and inserting 

‘‘$100,000,000’’; and 

(B) by striking ‘‘$250,000,000’’ and inserting 

‘‘$500,000,000’’; and 

(3) in subparagraph (B), by striking ‘‘$250,000,000’’ and 

inserting ‘‘$500,000,000’’. 

(b) CLARIFICATION OF INCLUSION OF SMALL BUSINESSES PARTICIPATING IN SBIR OR STTR.—Subparagraph (B) of section 2371b(d)(1) 

of title 10, United States Code, is amended by inserting ‘‘(including 

small businesses participating in a program described under section 

10 USC 2301 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1495 

9 of the Small Business Act (15 U.S.C. 638))’’ after ‘‘small 

businesses’’. 

(c) MODIFICATION OF COST SHARING REQUIREMENT FOR USE

OF OTHER TRANSACTION AUTHORITY.—Subparagraph (C) of such 

section is amended by striking ‘‘provided by parties to the transaction’’ and inserting ‘‘provided by sources other than’’. 

(d) USE OF OTHER TRANSACTION AUTHORITY FOR ONGOING

PROTOTYPE PROJECTS.—Subsection (f)(1) of section 2371b of title 

10, United States Code, is amended by adding at the end the 

following: ‘‘A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United 

States industry and academic institutions.’’. 

SEC. 865. AMENDMENT TO NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION PROTOTYPING PROGRAM. 

Section 884(d) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2318; 10 U.S.C. 

2302 note) is amended— 

(1) by redesignating paragraph (9) as paragraph (10); and 

(2) by inserting after paragraph (8) the following new paragraph (9): 

‘‘(9) Unmanned ground logistics and unmanned air logistics 

capabilities enhancement.’’. 

SEC. 866. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPE AND 

RAPID FIELDING. 

Section 804(c)(2) of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) 

is amended— 

(1) by striking subparagraph (C); and 

(2) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. 

SEC. 867. PREFERENCE FOR USE OF OTHER TRANSACTIONS AND 

EXPERIMENTAL AUTHORITY. 

In the execution of science and technology and prototyping 

programs, the Secretary of Defense shall establish a preference, 

to be applied in circumstances determined appropriate by the Secretary, for using transactions other than contracts, cooperative 

agreements, and grants entered into pursuant to sections 2371 

and 2371b of title 10, United States Code, and authority for procurement for experimental purposes pursuant to section 2373 of title 

10, United States Code. 

SEC. 868. PROTOTYPE PROJECTS TO DIGITIZE DEFENSE ACQUISITION 

REGULATIONS, POLICIES, AND GUIDANCE, AND EMPOWER 

USER TAILORING OF ACQUISITION PROCESS. 

(a) IN GENERAL.—The Secretary of Defense, acting through 

the Under Secretary of Defense for Research and Engineering, 

shall conduct development efforts to develop prototypes to digitize 

defense acquisition regulations, policies, and guidance and to 

develop a digital decision support tool that facilitates the ability 

of users to tailor programs in accordance with existing laws, regulations, and guidance. 

(b) ELEMENTS.—Under the prototype projects, the Secretary 

shall— 

(1) convert existing acquisition policies, guides, memos, 

templates, and reports to an online, interactive digital format 

10 USC 2302 

note. 

10 USC 2371 

note. 

10 USC 2302 

note. 

10 USC 2302 

note. 


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131 STAT. 1496 PUBLIC LAW 115–91—DEC. 12, 2017 

to create a dynamic, integrated, and authoritative knowledge 

environment for purposes of assisting program managers and 

the acquisition workforce of the Department of Defense to navigate the complex lifecycle for each major type of acquisition 

program or activity of the Department; 

(2) as part of this digital environment, create a digital 

decision support capability that uses decision trees and tailored 

acquisition models to assist users to develop strategies and 

facilitate coordination and approvals; and 

(3) as part of this environment, establish a foundational 

data layer to enable advanced data analytics on the acquisition 

enterprise of the Department, to include business process reengineering to improve productivity. 

(c) USE OF PROTOTYPES IN ACQUISITION ACTIVITIES.—The Under 

Secretary of Defense for Research and Engineering shall encourage 

the use of these prototypes to model, develop, and test any procedures, policies, instructions, or other forms of direction and guidance 

that may be required to support acquisition training, practices, 

and policies of the Department of Defense. 

(d) FUNDING.—The Secretary may use the authority under section 1705(e)(4)(B) of title 10, United States Code, to develop acquisition support prototypes and tools under this program. 

Subtitle H—Provisions Relating to 

Software Acquisition 

SEC. 871. NONCOMMERCIAL COMPUTER SOFTWARE ACQUISITION 

CONSIDERATIONS. 

(a) IN GENERAL.— (1) REQUIREMENT.—Chapter 137 of title 10, United States 

Code, as amended by section 802, is further amended by 

inserting after section 2322 the following new section: 

‘‘§ 2322a. Requirement for consideration of certain matters 

during acquisition of noncommercial computer 

software 

‘‘(a) CONSIDERATION REQUIRED.—As part of any negotiation for 

the acquisition of noncommercial computer software, the Secretary 

of Defense shall ensure that such negotiations consider, to the 

maximum extent practicable, acquisition, at the appropriate time 

in the life cycle of the noncommercial computer software, of all 

software and related materials necessary— 

‘‘(1) to reproduce, build, or recompile the software from 

original source code and required libraries; 

‘‘(2) to conduct required computer software testing; and 

‘‘(3) to deploy working computer software system binary 

files on relevant system hardware. 

‘‘(b) DELIVERY OF SOFTWARE AND RELATED MATERIALS.—Any 

noncommercial computer software or related materials required 

to be delivered as a result of considerations in subsection (a) shall, 

to the extent appropriate as determined by the Secretary— 

‘‘(1) include computer software delivered in a useable, digital format; 

‘‘(2) not rely on external or additional software code or 

data, unless such software code or data is included in the 

items to be delivered; and 

10 USC 2322a. 


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‘‘(3) in the case of negotiated terms that do not allow 

for the inclusion of dependent software code or data, sufficient 

documentation to support maintenance and understanding of 

interfaces and software revision history.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding after the 

item relating to section 2322, as added by section 802, the 

following new item: 

‘‘2322a. Requirement for consideration of certain matters during acquisition of noncommercial computer software.’’. 

(b) GUIDANCE.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall issue updated 

guidance to implement section 2322a of title 10, United States 

Code, as added by subsection (a). 

SEC. 872. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE 

ACQUISITION REGULATIONS. 

(a) STUDY.— 

(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 Innovation Board to undertake a study on 

streamlining software development and acquisition regulations. 

(2) MEMBER PARTICIPATION.—The Chairman of the Defense 

Innovation Board shall select appropriate members from the 

membership of the Board to participate in the study, and may 

recommend additional temporary members or contracted support personnel to the Secretary of Defense for the purposes 

of the study. In considering additional appointments to the 

study, the Secretary of Defense shall ensure that members 

have significant technical, 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 the acquisition regulations applicable to, 

and organizational structures within, the Department of 

Defense with a view toward streamlining and improving 

the efficiency and effectiveness of software acquisition in 

order to maintain defense technology advantage; 

(B) review ongoing software development and acquisition programs, including a cross section of programs that 

offer a variety of application types, functional communities, 

and scale, in order to identify case studies of best and 

worst practices currently in use within the Department 

of Defense; 

(C) 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 Board conducting the study determine 

necessary to— 

(i) streamline development and procurement of 

software; 

(ii) adopt or adapt best practices from the private 

sector applicable to Government use; 

(iii) promote rapid adoption of new technology; 

(iv) improve the talent management of the software 

acquisition workforce, including by providing incentives 

10 USC 2322a 

note. 

10 USC 2301 

prec. 


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for the recruitment and retention of such workforce 

within the Department of Defense; 

(v) ensure continuing financial and ethical integrity in procurement; and 

(vi) protect the best interests of the Department 

of Defense; and 

(D) produce such additional recommendations for legislation as such members consider appropriate. 

(4) ACCESS TO INFORMATION.—The Secretary of Defense 

shall provide the Defense Innovation Board with timely access 

to appropriate information, data, resources, and analysis so 

that the Board may conduct a thorough and independent analysis as required under this subsection. 

(b) REPORTS.— 

(1) INTERIM REPORTS.—Not later than 150 days after the 

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

shall submit a report to or brief the congressional defense 

committees on the interim findings of the study conducted 

pursuant to subsection (a). The Defense Innovation Board shall 

provide regular updates to the Secretary of Defense and the 

congressional defense committees for purposes of providing the 

interim report. 

(2) FINAL REPORT.—Not later than one year after the Secretary of Defense directs the Defense Advisory Board to conduct 

the study, the Board shall transmit a final report of the study 

to the Secretary. Not later than 30 days after receiving the 

final report, the Secretary of Defense shall transmit the final 

report, together with such comments as the Secretary determines appropriate, to the congressional defense committees. 

SEC. 873. PILOT PROGRAM TO USE AGILE OR ITERATIVE DEVELOPMENT METHODS TO TAILOR MAJOR SOFTWARE-INTENSIVE 

WARFIGHTING SYSTEMS AND DEFENSE BUSINESS SYSTEMS. 

(a) PILOT PROGRAM.— 

(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 Secretaries of the military departments 

and the chiefs of the armed forces, shall establish a pilot 

program to tailor and simplify software development requirements and methods for major software-intensive warfighting 

systems and defense business systems. 

(2) IMPLEMENTATION PLAN FOR PILOT PROGRAM.—Not later 

than 120 days after the date of the enactment of this Act, 

the Secretary of Defense, in consultation with the Secretaries 

of the military departments and the chiefs of the armed forces, 

shall develop a plan for implementing the pilot program 

required under this subsection, including guidance for implementing the program and for selecting systems for participation 

in the program. 

(3) SELECTION OF SYSTEMS FOR PILOT PROGRAM.— 

(A) The implementation plan shall require that systems 

be selected as follows: 

(i) For major software-intensive warfighting systems, one system per armed force and one defensewide system, including at least one major defense 

10 USC 2223a 

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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1499 

acquisition program or major automated information 

system. 

(ii) For defense business systems, not fewer than 

two systems and not greater than eight systems. 

(B) In selecting systems for participation, the Secretary 

shall prioritize systems as follows: 

(i) For major software-intensive warfighting systems, systems that— 

(I) have identified software development as 

a high risk; 

(II) have experienced cost growth and schedule 

delay; and 

(III) did not deliver any operational capability 

within the prior calendar year. 

(ii) For defense business systems, systems that— 

(I) have experienced cost growth and schedule 

delay; 

(II) did not deliver any operational capability 

within the prior calendar year; and 

(III) are underperforming other systems 

within a defense business system portfolio with 

similar user requirements. 

(b) REALIGNMENT PLANS.— 

(1) IN GENERAL.—Not later than 60 days after selecting 

a system for the pilot program under subsection (a)(3), the 

Secretary shall develop a plan for realigning the system by 

breaking down the system into smaller increments using agile 

or iterative development methods. The realignment plan shall 

include a revised cost estimate that is lower than the cost 

estimate for the system that was current as of the date of 

the enactment of this Act. 

(2) REALIGNMENT EXECUTION.—Each increment for a 

realigned system shall— 

(A) be designed to deliver a meaningfully useful capability within the first 180 days following realignment; 

(B) be designed to deliver subsequent meaningfully 

useful capabilities in time periods of less than 180 days; 

(C) incorporate multidisciplinary teams focused on software production that prioritize user needs and control of 

total cost of ownership; 

(D) be staffed with highly qualified technically trained 

staff and personnel with management and business process 

expertise in leadership positions to support requirements 

modification, acquisition strategy, and program decisionmaking; 

(E) ensure that the acquisition strategy for the 

realigned system is broad enough to allow for proposals 

of a service, system, modified business practice, configuration of personnel, or combination thereof for implementing 

the strategy; 

(F) include periodic engagement with the user community, as well as representation by the user community 

in program management and software production activity; 

(G) ensure that the acquisition strategy for the 

realigned system favors outcomes-based requirements definition and capability as a service, including the establishment of technical evaluation criteria as outcomes to be 


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131 STAT. 1500 PUBLIC LAW 115–91—DEC. 12, 2017 

used to negotiate service-level agreements with vendors; 

and 

(H) consider options for termination of the relationship 

with any vendor unable or unwilling to offer terms that 

meet the requirements of this section. 

(c) REMOVAL OF SYSTEMS.—The Secretary may remove a system 

selected for the pilot program under subsection (a)(3) only after 

the Secretary submits to the Committees on Armed Services of 

the Senate and House of Representatives a written determination 

that indicates that the selected system has been unsuccessful in 

reducing cost or schedule growth, or is not meeting the overall 

needs of the pilot program. 

(d) EDUCATION AND TRAINING IN AGILE OR ITERATIVE DEVELOP- MENT METHODS.— (1) TRAINING REQUIREMENT.—The Secretary shall ensure 

that any personnel from the relevant organizations in each 

of the military departments and Defense Agencies participating 

in the pilot program, including organizations responsible for 

engineering, budgeting, contracting, test and evaluation, 

requirements validation, and certification and accreditation, 

receive targeted training in agile or iterative development 

methods, including the interim course required by section 891 

of this Act. 

(2) SUPPORT.—In carrying out the pilot program under 

subsection (a), the Secretary shall ensure that personnel participating in the program provide feedback to inform the development of education and training curricula as required by section 

891. 

(e) SUNSET.—The pilot program required under subsection (a) 

shall terminate on September 30, 2023. Any system selected under 

subsection (a)(3) for the pilot program shall continue after that 

date through the execution of its realignment plan. 

(f) AGILE OR ITERATIVE DEVELOPMENT DEFINED.—In this section, the term ‘‘agile or iterative development’’, with respect to 

software— 

(1) means acquisition pursuant to a method for delivering 

multiple, rapid, incremental capabilities to the user for operational use, evaluation, and feedback not exclusively linked 

to any single, proprietary method or process; and 

(2) involves— 

(A) the incremental development and fielding of 

capabilities, commonly called ‘‘spirals’’, ‘‘spins’’, or ‘‘sprints’’, 

which can be measured in a few weeks or months; and 

(B) continuous participation and collaboration by users, 

testers, and requirements authorities. 

SEC. 874. SOFTWARE DEVELOPMENT PILOT PROGRAM USING AGILE 

BEST PRACTICES. 

(a) IN GENERAL.—Not later than 30 days after the date of 

the enactment of this Act, the Secretary of Defense shall identify 

no fewer than four and up to eight software development activities 

within the Department of Defense or military departments to be 

developed in a pilot program using agile acquisition methods. 

(b) STREAMLINED PROCESSES.—Software development activities 

identified under subsection (a) shall be selected for the pilot program 

and developed without incorporation of the following contract or 

transaction requirements: 

10 USC 2302 

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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1501 

(1) Earned value management (EVM) or EVM-like 

reporting. 

(2) Development of integrated master schedule. 

(3) Development of integrated master plan. 

(4) Development of technical requirement document. 

(5) Development of systems requirement documents. 

(6) Use of information technology infrastructure library 

agreements. 

(7) Use of software development life cycle (methodology). 

(c) ROLES AND RESPONSIBILITIES.— (1) IN GENERAL.—Selected activities shall include the following roles and responsibilities: 

(A) A program manager that is authorized to make 

all programmatic decisions within the overarching activity 

objectives, including resources, funding, personnel, and contract or transaction termination recommendations. 

(B) A product owner that reports directly to the program manager and is responsible for the overall design 

of the product, prioritization of roadmap elements and 

interpretation of their acceptance criteria, and 

prioritization of the list of all features desired in the 

product. 

(C) An engineering lead that reports directly to the 

program manager and is responsible for the implementation and operation of the software. 

(D) A design lead that reports directly to the program 

manager and is responsible for identifying, communicating, 

and visualizing user needs through a human-centered 

design process. 

(2) QUALIFICATIONS.—The Secretary shall establish qualifications for personnel filling the positions described in paragraph (1) prior to their selection. The qualifications may not 

include a positive education requirement and must be based 

on technical expertise or experience in delivery of software 

products, including agile concepts. 

(3) COORDINATION PLAN FOR TESTING AND CERTIFICATION

ORGANIZATIONS.—The program manager shall ensure the availability of resources for test and certification organizations support of iterative development processes. 

(d) PLAN.—The Secretary of Defense shall develop a plan for 

each selected activity under the pilot program. The plan shall 

include the following elements: 

(1) Definition of a product vision, identifying a succinct, 

clearly defined need the software will address. 

(2) Definition of a product road map, outlining a noncontractual plan that identifies short-term and long-term 

product goals and specific technology solutions to help meet 

those goals and adjusts to mission and user needs at the 

product owner’s discretion. 

(3) The use of a broad agency announcement, other transaction authority, or other rapid merit-based solicitation procedure. 

(4) Identification of, and continuous engagement with, end 

users. 

(5) Frequent and iterative end user validation of features 

and usability consistent with the principles outlined in the 

Digital Services Playbook of the U.S. Digital Service. 


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131 STAT. 1502 PUBLIC LAW 115–91—DEC. 12, 2017 

(6) Use of commercial best practices for advanced computing systems, including, where applicable— 

(A) Automated testing, integration, and deployment; 

(B) compliance with applicable commercial accessibility 

standards; 

(C) capability to support modern versions of multiple, 

common web browsers; 

(D) capability to be viewable across commonly used 

end user devices, including mobile devices; and 

(E) built-in application monitoring. 

(e) PROGRAM SCHEDULE.—The Secretary shall ensure that each 

selected activity includes— 

(1) award processes that take no longer than three months 

after a requirement is identified; 

(2) planned frequent and iterative end user validation of 

implemented features and their usability; 

(3) delivery of a functional prototype or minimally viable 

product in three months or less from award; and 

(4) follow-on delivery of iterative development cycles no 

longer than four weeks apart, including security testing and 

configuration management as applicable. 

(f) OVERSIGHT METRICS.—The Secretary shall ensure that the 

selected activities— 

(1) use a modern tracking tool to execute requirements 

backlog tracking; and 

(2) use agile development metrics that, at a minimum, 

track— 

(A) pace of work accomplishment; 

(B) completeness of scope of testing activities (such 

as code coverage, fault tolerance, and boundary testing); 

(C) product quality attributes (such as major and minor 

defects and measures of key performance attributes and 

quality attributes); 

(D) delivery progress relative to the current product 

roadmap; and 

(E) goals for each iteration. 

(g) RESTRICTIONS.— 

(1) USE OF FUNDS.—No funds made available for the 

selected activities may be expended on estimation or evaluation 

using source lines of code methodologies. 

(2) CONTRACT TYPES.—The Secretary of Defense may not 

use lowest price technically acceptable contracting methods or 

cost plus contracts to carry out selected activities under this 

section, and shall encourage the use of existing streamlined 

and flexible contracting arrangements. 

(h) REPORTS.— 

(1) SOFTWARE DEVELOPMENT ACTIVITY COMMENCEMENT.— 

(A) IN GENERAL.—Not later than 30 days before the 

commencement of a software development activity under 

the pilot program under subsection (a), the Secretary shall 

submit to the congressional defense committees a report 

on the activity (in this subsection referred to as a ‘‘pilot 

activity’’). 

(B) ELEMENTS.—The report on a pilot activity under 

this paragraph shall set forth a description of the pilot 

activity, including the following information: 

(i) The purpose of the pilot activity. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1503 

(ii) The duration of the pilot activity. 

(iii) The efficiencies and benefits anticipated to 

accrue to the Government under the pilot program. 

(2) SOFTWARE DEVELOPMENT ACTIVITY COMPLETION.— 

(A) IN GENERAL.—Not later than 60 days after the 

completion of a pilot activity, the Secretary shall submit 

to the congressional defense committees a report on the 

pilot activity. 

(B) ELEMENTS.—The report on a pilot activity under 

this paragraph shall include the following elements: 

(i) A description of results of the pilot activity. 

(ii) Such recommendations for legislative or 

administrative action as the Secretary considers appropriate in light of the pilot activity. 

(i) DEFINITIONS.—In this section: 

(1) AGILE ACQUISITION.—The term ‘‘agile acquisition’’ means 

acquisition using agile or iterative development. 

(2) AGILE OR ITERATIVE DEVELOPMENT.—The term ‘‘agile 

or iterative development’’, with respect to software— 

(A) means acquisition pursuant to a method for delivering multiple, rapid, incremental capabilities to the user 

for operational use, evaluation, and feedback not exclusively linked to any single, proprietary method or process; 

and 

(B) involves— 

(i) the incremental development and fielding of 

capabilities, commonly called ‘‘spirals’’, ‘‘spins’’, or 

‘‘sprints’’, which can be measured in a few weeks or 

months; and 

(ii) continuous participation and collaboration by 

users, testers, and requirements authorities. 

SEC. 875. PILOT PROGRAM FOR OPEN SOURCE SOFTWARE. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall initiate 

for the Department of Defense the open source software pilot program established by the Office of Management and Budget Memorandum M-16-21 titled ‘‘Federal Source Code Policy: Achieving Efficiency, Transparency, and Innovation through Reusable and Open 

Source Software’’ and dated August 8, 2016. 

(b) REPORT TO CONGRESS.—Not later than 60 days after the 

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

provide a report to Congress with details of the plan of the Department of Defense to implement the pilot program required by subsection (a). Such plan shall include identifying candidate software 

programs, selection criteria, intellectual property and licensing 

issues, and other matters determined by the Secretary. 

(c) COMPTROLLER GENERAL REPORT.—Not later than June 1, 

2019, the Comptroller General of the United States shall provide 

a report to Congress on the implementation of the pilot program 

required by subsection (a) by the Secretary of Defense. The report 

shall address, at a minimum, the compliance of the Secretary with 

the requirements of the Office of Management and Budget Memorandum M-16-21, the views of various software and information 

technology stakeholders in the Department of Defense, and any 

other matters determined by the Comptroller General. 

10 USC 2223 

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131 STAT. 1504 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle I—Other Matters 

SEC. 881. EXTENSION OF MAXIMUM DURATION OF FUEL STORAGE CONTRACTS. 

(a) EXTENSION.—Section 2922(b) of title 10, United States Code, 

is amended by striking ‘‘20 years’’ and inserting ‘‘30 years’’. 

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

shall apply with respect to contracts entered into on or after the 

date of the enactment of this Act, and may be applied to a contract 

entered into before that date if the total contract period under 

the contract (including options) has not expired as of the date 

of any extension of such contract period by reason of such amendment. 

SEC. 882. PROCUREMENT OF AVIATION CRITICAL SAFETY ITEMS. 

Section 814(a) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2271; 10 U.S.C. 

2302 note) is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘or an aviation critical safety item 

(as defined in section 2319(g) of this title)’’ after ‘‘personal 

protective equipment’’; and 

(B) by inserting ‘‘equipment or’’ after ‘‘failure of the’’; 

and 

(2) in paragraph (2), by inserting ‘‘or item’’ after ‘‘equipment’’. 

SEC. 883. MODIFICATIONS TO THE ADVISORY PANEL ON STREAMLINING AND CODIFYING ACQUISITION REGULATIONS. 

(a) EXTENSION OF DATE FOR FINAL REPORT.— 

(1) TRANSMITTAL OF PANEL FINAL REPORT.—Subsection 

(e)(1) of section 809 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889), 

as amended by section 863(d) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 

130 Stat. 2303), is amended— 

(A) by striking ‘‘Not later than two years after the 

date on which the Secretary of Defense establishes the 

advisory panel’’ and inserting ‘‘Not later than January 15, 

2019’’; and 

(B) by striking ‘‘the Secretary.’’ and inserting ‘‘the Secretary of Defense and the congressional defense committees.’’. 

(2) SECRETARY OF DEFENSE ACTION ON FINAL REPORT.— 

Subsection (e)(4) of such section is amended— 

(A) by striking ‘‘Not later than 30 days’’ and inserting 

‘‘Not later than 60 days’’; and 

(B) by striking ‘‘the final report, together with such 

comments as the Secretary determines appropriate,’’ and 

inserting ‘‘such comments as the Secretary determines 

appropriate’’. 

(b) TERMINATION OF PANEL.—Such section is further amended 

by adding at the end the following new subsection: 

‘‘(g) TERMINATION OF PANEL.—The advisory panel shall terminate 180 days after the date on which the final report of the 

panel is transmitted pursuant to subsection (e)(1).’’. 

10 USC 2922 

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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1505 

(c) TECHNICAL AMENDMENT.—Subsection (d) of such section is 

amended by striking ‘‘resources,,’’ and inserting ‘‘resources,’’. 

SEC. 884. REPEAL OF EXPIRED PILOT PROGRAM FOR LEASING 

COMMERCIAL UTILITY CARGO VEHICLES. 

Section 807(c) of the National Defense Authorization Act for 

Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2401a note) is 

repealed. 

SEC. 885. EXCEPTION FOR BUSINESS OPERATIONS FROM REQUIREMENT TO ACCEPT $1 COINS. 

(a) IN GENERAL.—Paragraph (1) of section 5112(p) of title 31, 

United States Code, is amended by adding at the end the following 

new flush sentence: 

‘‘This paragraph does not apply with respect to business operations conducted by any entity under a contract with an agency 

or instrumentality of the United States, including with any 

nonappropriated fund instrumentality established under title 

10, United States Code.’’. 

(b) CONFORMING AMENDMENT.—Such paragraph is further 

amended— 

(1) by striking ‘‘and all entities that operate any business, 

including vending machines, on any premises owned by the 

United States or under the control of any agency or instrumentality of the United States, including the legislative and judicial 

branches of the Federal Government,’’; and 

(2) by inserting ‘‘and’’ before ‘‘all transit systems’’. 

(c) TECHNICAL AMENDMENT.—Subparagraph (B) of such paragraph is amended by striking ‘‘displays’’ and inserting ‘‘display’’. 

SEC. 886. DEVELOPMENT OF PROCUREMENT ADMINISTRATIVE LEAD 

TIME. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall develop, 

make available for public comment, and finalize— 

(1) a definition of the term ‘‘Procurement Administrative 

Lead Time’’ or ‘‘PALT’’, to be applied Department of Defensewide, that describes the amount of time from the date on 

which a solicitation is issued to the date of an initial award 

of a contract or task order of the Department of Defense; 

and 

(2) a plan for measuring and publicly reporting data on 

PALT for Department of Defense contracts and task orders 

above the simplified acquisition threshold. 

(b) REQUIREMENT FOR DEFINITION.—Unless the Secretary determines otherwise, the amount of time in the definition of PALT 

developed under subsection (a) shall— 

(1) begin on the date on which the initial solicitation is 

issued for a contract or task order of the Department of Defense 

by the Secretary of a military department or head of a Defense 

Agency; and 

(2) end on the date of the award of the contract or task 

order. 

(c) COORDINATION.—In developing the definition of PALT, the 

Secretary shall coordinate with— 

(1) the senior contracting official of each military department and Defense Agency to determine the variations of the 

10 USC 2302 

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131 STAT. 1506 PUBLIC LAW 115–91—DEC. 12, 2017 

definition in use across the Department of Defense and each 

military department and Defense Agency; and 

(2) 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 SYSTEMS.—In developing the plan for measuring and publicly reporting data on PALT 

required by subsection (a), the Secretary 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. 887. NOTIONAL MILESTONES AND STANDARD TIMELINES FOR 

CONTRACTS FOR FOREIGN MILITARY SALES. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

specific notional milestones and standard timelines for the 

Department of Defense to achieve such milestones in its processing of a foreign military sale (as authorized under chapter 

2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)). 

Such milestones and timelines— 

(A) may vary depending on the complexity of the foreign military sale; and 

(B) shall cover the period beginning on the date of 

receipt of a complete letter of request (as described in 

chapter 5 of the Security Assistance Management Manual 

of the Defense Security Cooperation Agency) from a foreign 

country and ending on the date of the final delivery of 

a defense article or defense service sold through the foreign 

military sale. 

(2) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

appropriate committees of Congress a report describing the 

milestones and timelines developed pursuant to paragraph (1) 

of this section. 

(b) SUBMISSIONS TO CONGRESS.— 

(1) QUARTERLY NOTIFICATION.—During the period beginning 180 days after the date of the enactment of this Act 

and ending on December 31, 2021, the Secretary shall submit 

to the appropriate committees of Congress, on a quarterly basis, 

a report that includes a list of each foreign military sale with 

a value greater than or equal to the dollar threshold for congressional notification under section 36 of the Arms Export Control 

Act (22 U.S.C. 2776)— 

(A) for which the final delivery of a defense article 

or defense service has not been completed; and 

(B) that has not met a standard timeline to achieve 

a notional milestone as established under subsection (a). 

(2) ANNUAL REPORT.—Not later than November 1, 2019, 

and annually thereafter until December 31, 2021, the Secretary 

shall submit to the appropriate committees of Congress a report 

that summarizes— 

(A) the number, set forth separately by dollar value 

and notional milestone, of foreign military sales that met 

22 USC 2761 

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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1507 

the standard timeline to achieve a notional milestone established under subsection (a) during the preceding fiscal year; 

and 

(B) the number, set forth separately by dollar value 

and notional milestone, of each foreign military sale that 

did not meet the standard timeline to achieve a notional 

milestone established under subsection (a), and a description of any extenuating factors explaining why such a sale 

did not achieve such milestone. 

(c) DEFINITIONS.—In this section— 

(1) the terms ‘‘defense article’’ and ‘‘defense service’’ have 

the meanings given those terms, respectively, in section 47 

of the Arms Export Control Act (22 U.S.C. 2794); and 

(2) 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. 

SEC. 888. ASSESSMENT AND AUTHORITY TO TERMINATE OR PROHIBIT 

CONTRACTS FOR PROCUREMENT FROM CHINESE COMPANIES PROVIDING SUPPORT TO THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA. 

(a) ASSESSMENT REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of State, the Secretary of the Treasury, 

and the Director of National Intelligence, shall conduct an 

assessment of trade between the People’s Republic of China 

and the Democratic People’s Republic of Korea, including elements deemed to be important to United States national security and defense. 

(2) ELEMENTS.—The assessment required by paragraph (1) 

shall— 

(A) assess the composition of all trade between China 

and the Democratic People’s Republic of Korea, including 

trade in goods and services; 

(B) identify whether any Chinese commercial entities 

that are engaged in such trade materially support illicit 

activities on the part of North Korea; 

(C) evaluate the extent to which the United States 

Government procures goods or services from any commercial entity identified under subparagraph (B); 

(D) provide a list of commercial entities identified 

under subparagraph (B) that provide defense goods or services for the Department of Defense; and 

(E) evaluate the ramifications to United States national 

security, including any impacts to the defense industrial 

base, Department of Defense acquisition programs, and 

Department of Defense logistics or supply chains, of prohibiting procurements from commercial entities listed under 

subparagraph (D). 

(3) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on the assessment required by paragraph 

(1). The report shall be submitted in unclassified form, but 

may contain a classified annex. 

22 USC 9224 

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131 STAT. 1508 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) AUTHORITY.—The Secretary of Defense may terminate 

existing contracts or prohibit the award of contracts for the procurement of goods or services for the Department of Defense from 

a Chinese commercial entity included on the list described under 

subsection (a)(2)(D) based on a determination informed by the 

assessment required under subsection (a)(1). 

(c) NOTIFICATION.—The Secretary of Defense shall submit to 

the appropriate committees of Congress a notification of, and 

detailed justification for, any exercise of the authority in subsection 

(b) not less than 30 days before the date on which the authority 

is exercised. 

(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. 889. REPORT ON DEFENSE CONTRACTING FRAUD. 

(a) IN GENERAL.—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 on defense contracting fraud. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) A summary of fraud-related criminal convictions and 

civil judgments or settlements over the previous five fiscal 

years. 

(2) A listing of contractors that within the previous five 

fiscal years performed contracts for the Department of Defense 

and were debarred or suspended from Federal contracting based 

on a criminal conviction for fraud. 

(3) An assessment of the total value of Department of 

Defense contracts entered into during the previous five fiscal 

years with contractors that have been indicted for, settled 

charges of, been fined by any Federal department or agency 

for, or been convicted of fraud in connection with any contract 

or other transaction entered into with the Federal Government. 

(4) Recommendations by the Inspector General of the 

Department of Defense or other appropriate Department of 

Defense official regarding how to penalize contractors repeatedly involved in fraud in connection with contracts or other 

transactions entered into with the Federal Government, 

including an update on implementation by the Department 

of any previous such recommendations. 

SEC. 890. COMPTROLLER GENERAL REPORT ON CONTRACTOR BUSINESS SYSTEM REQUIREMENTS. 

(a) EVALUATION.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 

shall submit to the congressional defense committees a report evaluating the implementation and effectiveness of the program for the 

improvement of contractor business systems established pursuant 

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). The report shall— 

(1) describe how the requirements of such program were 

implemented, including the roles and responsibilities of relevant 


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Defense Agencies and known costs to the Federal Government 

and covered contractors; 

(2) analyze the extent to which implementation of such 

program has affected, if at all, covered contractor performance 

or the management and oversight of covered contracts of the 

Department of Defense; 

(3) assess how the amendments to contractor business 

system requirements made by section 893 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 130 Stat. 2324) were implemented, including— 

(A) the effects of revising the definition of ‘‘covered 

contractor’’ in section 893(g)(2) of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 10 U.S.C. 2302 note) and the feasibility 

and the potential effects of further increasing the percentage of the total gross revenue included in the definition; 

and 

(B) the extent to which third-party independent auditors have conducted contractor business system assessments pursuant to section 893(c) of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383; 10 U.S.C. 2302 note); 

(4) identify any additional information or management 

practices that could enhance the process for assessing contractor 

business systems, particularly when covered contractors have 

multiple covered contracts with the Department of Defense; 

and 

(5) include any other matters the Comptroller General 

determines to be relevant. 

(b) CONTRACTOR BUSINESS SYSTEM DEFINITIONS.—In this section, the terms ‘‘covered contractor’’, ‘‘covered contract’’, and ‘‘contractor business system’’ have the meanings given in section 893 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note). 

SEC. 891. TRAINING ON AGILE OR ITERATIVE DEVELOPMENT 

METHODS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in consultation 

with the President of the Defense Acquisition University, shall 

establish a training course at the Defense Acquisition University 

on agile or iterative development methods to provide training for 

personnel implementing and supporting the pilot programs required 

by sections 873 and 874 of this Act. 

(b) COURSE ELEMENTS.— 

(1) IN GENERAL.—The course shall be taught in residence 

at the Defense Acquisition University and shall include the 

following elements: 

(A) Training designed to instill a common understanding of all functional roles and dependencies involved 

in developing and producing a capability using agile or 

iterative development methods. 

(B) An exercise involving teams composed of personnel 

from pertinent functions and functional organizations 

engaged in developing an integrated agile or iterative 

development method for a specific program. 

10 USC 1746 

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131 STAT. 1510 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) Instructors and content from non-governmental 

entities, as appropriate, to highlight commercial best practices in using an agile or iterative development method. 

(2) COURSE UPDATES.—The Secretary shall ensure that the 

course is updated as needed, including through incorporating 

lessons learned from the implementation of the pilot programs 

required by sections 873 and 874 of this Act in subsequent 

versions of the course. 

(c) COURSE ATTENDANCE.—The course shall be— 

(1) available for certified acquisition personnel working 

on programs or projects using agile or iterative development 

methods; and 

(2) mandatory for personnel participating in the pilot programs required by sections 873 and 874 of this Act from the 

relevant organizations in each of the military departments and 

Defense Agencies, including organizations responsible for 

engineering, budgeting, contracting, test and evaluation, 

requirements validation, and certification and accreditation. 

(d) AGILE ACQUISITION SUPPORT.—The Secretary and the senior 

acquisition executives in each of the military departments and 

Defense Agencies, in coordination with the Director of the Defense 

Digital Service, shall assign to offices supporting systems selected 

for participation in the pilot programs required by sections 873 

and 874 of this Act a subject matter expert with knowledge of 

commercial agile acquisition methods and Department of Defense 

acquisition processes to provide assistance and to advise appropriate 

acquisition authorities of the expert’s observations. 

(e) AGILE RESEARCH PROGRAM.—The President of the Defense 

Acquisition University shall establish a research program to conduct 

research on and development of agile acquisition practices and 

tools best tailored to meet the mission needs of the Department 

of Defense. 

(f) AGILE OR ITERATIVE DEVELOPMENT DEFINED.—The term 

‘‘agile or iterative development’’, with respect to software— 

(1) means acquisition pursuant to a method for delivering 

multiple, rapid, incremental capabilities to the user for operational use, evaluation, and feedback not exclusively linked 

to any single, proprietary method or process; and 

(2) involves— 

(A) the incremental development and fielding of 

capabilities, commonly called ‘‘spirals’’, ‘‘spins’’, or ‘‘sprints’’, 

which can be measured in a few weeks or months; and 

(B) continuous participation and collaboration by users, 

testers, and requirements authorities. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

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

Sec. 901. Treatment of incumbent Under Secretary of Defense for Acquisition, 

Technology, and Logistics. 

Sec. 902. Clarification of authority of Under Secretary of Defense for Acquisition 

and Sustainment with respect to service acquisition programs for which 

the service acquisition executive is the milestone decision authority. 

Sec. 903. Executive Schedule matters relating to Under Secretary of Defense for 

Acquisition and Sustainment. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1511 

Sec. 904. Consistent period of relief from active duty as a commissioned officer of 

a regular component of the Armed Forces for appointment to Under Secretary of Defense positions. 

Sec. 905. Qualifications for appointment and additional duties and powers of certain officials within the Office of the Under Secretary of Defense (Comptroller). 

Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense as Deputy Under Secretaries of Defense and related matters. 

Sec. 907. Reduction of number and elimination of specific designations of Assistant 

Secretaries of Defense. 

Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries of Defense. 

Sec. 909. Appointment and responsibilities of Chief Information Officer of the Department of Defense. 

Sec. 910. Chief Management Officer of the Department of Defense. 

Subtitle B—Data Management and Analytics 

Sec. 911. Policy on treatment of defense business system data related to business 

operations and management. 

Sec. 912. Transparency of defense management data. 

Sec. 913. Establishment of set of activities that use data analysis, measurement, 

and other evaluation-related methods to improve acquisition program 

outcomes. 

Subtitle C—Organization of Other Department of Defense Offices and Elements 

Sec. 921. Qualifications for appointment of Assistant Secretaries of the military departments for financial management. 

Sec. 922. Manner of carrying out reductions in major Department of Defense headquarters activities pursuant to headquarters reduction plan. 

Sec. 923. Certifications on cost savings achieved by reductions in major Department of Defense headquarters activities. 

Sec. 924. Corrosion control and prevention executives matters. 

Sec. 925. Background and security investigations for Department of Defense personnel. 

Subtitle D—Miscellaneous Reporting Requirements 

Sec. 931. Additional elements in reports on policy, organization, and management 

goals of the Secretary of Defense for the Department of Defense. 

Sec. 932. Report and sense of Congress on responsibility for developmental test and 

evaluation within the Office of the Secretary of Defense. 

Sec. 933. Report on Office of Corrosion Policy and Oversight. 

Subtitle D—Other Matters 

Sec. 941. Commission on the National Defense Strategy for the United States. 

Subtitle A—Office of the Secretary of 

Defense and Related Matters 

SEC. 901. TREATMENT OF INCUMBENT UNDER SECRETARY OF 

DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS. 

Section 901(a) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2339; 10 U.S.C. 

133a note) is amended by striking paragraph (2). 

SEC. 902. CLARIFICATION OF AUTHORITY OF UNDER SECRETARY OF 

DEFENSE FOR ACQUISITION AND SUSTAINMENT WITH 

RESPECT TO SERVICE ACQUISITION PROGRAMS FOR 

WHICH THE SERVICE ACQUISITION EXECUTIVE IS THE 

MILESTONE DECISION AUTHORITY. 

Effective on February 1, 2018, and immediately after the 

coming into effect of the amendment made by section 901(b) of 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2340), subsection (b)(6) of section 133b 

10 USC 133b 

note. 


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131 STAT. 1512 PUBLIC LAW 115–91—DEC. 12, 2017 

of title 10, United States Code, as added by such section 901(b), 

is amended by striking ‘‘supervisory authority’’ and inserting 

‘‘advisory authority’’. 

SEC. 903. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND 

SUSTAINMENT. 

(a) REPEAL OF PENDING EXECUTIVE SCHEDULE AMENDMENT.— Section 901(h) of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 130 Stat. 2342; 5 U.S.C. 5313 

note) is amended— 

(1) by striking ‘‘new items’’ and inserting ‘‘new item’’; and 

(2) by striking the item relating to the Under Secretary 

of Defense for Acquisition and Sustainment. 

(b) EXECUTIVE SCHEDULE LEVEL III.—Effective on February 

1, 2018, section 5314 of title 5, United States Code, is amended 

by inserting before the item relating to the Under Secretary of 

Defense for Policy the following new item: 

‘‘Under Secretary of Defense for Acquisition and 

Sustainment.’’. 

SEC. 904. CONSISTENT PERIOD OF RELIEF FROM ACTIVE DUTY AS 

A COMMISSIONED OFFICER OF A REGULAR COMPONENT 

OF THE ARMED FORCES FOR APPOINTMENT TO UNDER 

SECRETARY OF DEFENSE POSITIONS. 

Chapter 4 of title 10, United States Code, is amended— 

(1) in section 135(a), by adding at the end the following 

new sentence: ‘‘A person may not be appointed as Under Secretary within seven years after relief from active duty as a 

commissioned officer of a regular component of the armed 

forces.’’; 

(2) in section 136(a), by adding at the end the following 

new sentence: ‘‘A person may not be appointed as Under Secretary within seven years after relief from active duty as a 

commissioned officer of a regular component of the armed 

forces.’’; and 

(3) in section 137(a), by adding at the end the following 

new sentence: ‘‘A person may not be appointed as Under Secretary within seven years after relief from active duty as a 

commissioned officer of a regular component of the armed 

forces.’’. 

SEC. 905. QUALIFICATIONS FOR APPOINTMENT AND ADDITIONAL 

DUTIES AND POWERS OF CERTAIN OFFICIALS WITHIN THE 

OFFICE OF THE UNDER SECRETARY OF DEFENSE (COMPTROLLER). 

(a) UNDER SECRETARY OF DEFENSE (COMPTROLLER).— 

(1) QUALIFICATION FOR APPOINTMENT.—Section 135(a) of 

title 10, United States Code, as amended by section 904, is 

further amended— 

(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

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

‘‘(2) The Under Secretary of Defense (Comptroller) shall be 

appointed from among persons who have significant budget, financial management, or audit experience in complex organizations.’’. 

(2) DUTIES AND POWERS.—Section 135 of title 10, United 

States Code, is further amended— 

5 USC 5314 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1513 

(A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and 

(B) by inserting after subsection (c) the following new 

subsection (d): 

‘‘(d) In addition to any duties under subsection (c), the Under 

Secretary of Defense (Comptroller) shall, subject to the authority, 

direction, and control of the Secretary of Defense, do the following: 

‘‘(1) Provide guidance and instruction on annual performance plans and evaluations to the following: 

‘‘(A) The Assistant Secretaries of the military departments for financial management. 

‘‘(B) Any other official of an agency, organization, or 

element of the Department of Defense with responsibility 

for financial management. 

‘‘(2) Give directions to the military departments, Defense 

Agencies, and other organizations and elements of the Department of Defense regarding their financial statements and the 

audit and audit readiness of such financial statements.’’. 

(b) QUALIFICATION FOR APPOINTMENT AS DEPUTY CHIEF FINANCIAL OFFICER.—The Deputy Chief Financial Officer of the Department of Defense shall be appointed from among persons who have 

significant budget, financial management, or audit experience in 

complex organizations. 

(c) APPLICABILITY.—The appointment qualifications imposed by 

the amendments made by subsection (a)(1) and the appointment 

qualifications imposed by subsection (b) shall apply with respect 

to appointments as Under Secretary of Defense (Comptroller) and 

Deputy Chief Financial Officer of the Department of Defense that 

are made on or after the date of the enactment of this Act. 

SEC. 906. REDESIGNATION OF PRINCIPAL DEPUTY UNDER SECRETARIES OF DEFENSE AS DEPUTY UNDER SECRETARIES OF 

DEFENSE AND RELATED MATTERS. 

(a) REDESIGNATION.—Section 137a of title 10, United States 

Code, is amended by striking ‘‘Principal’’ each place it appears. 

(b) INCREASE IN AUTHORIZED NUMBER.—Section 137a(a)(1) of 

title 10, United States Code, is amended by striking ‘‘five’’ and 

inserting ‘‘six’’. 

(c) REPLACEMENT OF ATL POSITION WITH TWO POSITIONS IN

CONNECTION WITH OSD REFORM.—Effective on February 1, 2018, 

section 137a(c) of title 10, United States Code, is amended— 

(1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and 

(2) by striking paragraph (1) and inserting the following 

new paragraphs: 

‘‘(1) One of the Deputy Under Secretaries is the Deputy Under 

Secretary of Defense for Research and Engineering. 

‘‘(2) One of the Deputy Under Secretaries is the Deputy Under 

Secretary of Defense for Acquisition and Sustainment.’’. 

(d) CONFORMING AMENDMENTS.— 

(1) OSD.—Paragraph (6) of section 131(b) of title 10, United 

States Code, is amended to read as follows: 

‘‘(6) The Deputy Under Secretaries of Defense.’’. 

(2) PRECEDENCE.—Section 138(d) of title 10, United States 

Code, is amended by striking ‘‘Principal’’. 

(e) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended— 

10 USC 137a 

note. 

10 USC 135 note. 

10 USC 135 note. 


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131 STAT. 1514 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) by striking ‘‘Principal’’ in the items relating to the 

Principal Deputy Under Secretary of Defense for Policy, the 

Principal Deputy Under Secretary of Defense for Personnel 

and Readiness, the Principal Deputy Under Secretary of 

Defense (Comptroller), and the Principal Deputy Under Secretary of Defense for Intelligence; and 

(2) by inserting before the item relating to the Deputy 

Under Secretary of Defense for Policy, as amended by paragraph (1), the following new items: 

‘‘Deputy Under Secretary of Defense for Research and 

Engineering. 

‘‘Deputy Under Secretary of Defense for Acquisition and 

Sustainment.’’. 

(f) CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of section 137a 

of title 10, United States Code, is amended to read as follows: 

‘‘§ 137a. Deputy Under Secretaries of Defense’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 4 of title 10, United States Code, is 

amended by striking the item relating to section 137a and 

inserting the following new item: 

‘‘137a. Deputy Under Secretaries of Defense.’’. 

SEC. 907. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC 

DESIGNATIONS OF ASSISTANT SECRETARIES OF DEFENSE. 

(a) REDUCTION OF AUTHORIZED NUMBER.—Section 138(a)(1) of 

title 10, United States Code, is amended by striking ‘‘14’’ and 

inserting ‘‘13’’. 

(b) ELIMINATION OF CERTAIN SPECIFIC DESIGNATIONS.—Section 

138(b) of title 10, United States Code, is amended— 

(1) by striking paragraphs (2) and (3); and 

(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively. 

SEC. 908. LIMITATION ON MAXIMUM NUMBER OF DEPUTY ASSISTANT 

SECRETARIES OF DEFENSE. 

The maximum number of Deputy Assistant Secretaries of 

Defense after the date of the enactment of this Act may not exceed 

48. 

SEC. 909. APPOINTMENT AND RESPONSIBILITIES OF CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF DEFENSE. 

(a) APPOINTMENT METHOD AND QUALIFICATIONS.—Section 

142(a) of title 10, United States Code, is amended by inserting 

before the period at the end the following: ‘‘, who shall be appointed 

by the President, by and with the advice and consent of the Senate, 

from among civilians who are qualified to serve as such officer’’. 

(b) CLARIFICATION OF CERTAIN RESPONSIBILITIES.—Section 

142(b)(1)(I) of title 10, United States Code, is amended by striking 

‘‘the networking and cyber defense architecture’’ and inserting ‘‘the 

information technology, networking, information assurance, cybersecurity, and cyber capability architectures’’. 

(c) ADDITIONAL RESPONSIBILITIES RELATED TO BUDGETS AND

STANDARDS.—Section 142(b) of title 10, United States Code, is 

amended— 

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

10 USC 138 note. 

10 USC 131 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1515 

(2) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2)(A) The Secretary of Defense, acting through the Under 

Secretary of Defense (Comptroller), shall require the Secretaries 

of the military departments and the heads of the Defense Agencies 

with responsibilities associated with any activity specified in paragraph (1) to transmit the proposed budget for such activities 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 Information Officer for review 

under subparagraph (B) before submitting the proposed budget 

to the Under Secretary of Defense (Comptroller). 

‘‘(B) The Chief Information 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 of Defense a 

report containing the comments of the Chief Information Officer 

with respect to all such proposed budgets, together with the certification of the Chief Information Officer regarding whether each 

proposed budget is adequate. 

‘‘(C) Not later than March 31 of each year, the Secretary of 

Defense shall submit to Congress a report specifying each proposed 

budget contained in the most-recent report submitted under 

subparagraph (B) that the Chief Information Officer did not certify 

to be adequate. The report of the Secretary shall include the following matters: 

‘‘(i) A discussion of the actions that the Secretary proposes 

to take, together with any recommended legislation that the 

Secretary considers appropriate, to address the inadequacy of 

the proposed budgets specified in the report. 

‘‘(ii) Any additional comments that the Secretary considers 

appropriate regarding the inadequacy of the proposed budgets. 

‘‘(3)(A) The Secretary of a military department or head of a 

Defense Agency may not develop or procure information technology 

(as defined in section 11101 of title 40) that does not fully comply 

with such standards as the Chief Information Officer may establish. 

‘‘(B) The Chief Information Officer shall implement and enforce 

a process for— 

‘‘(i) developing, adopting, or publishing standards for 

information technology, networking, or cyber capabilities to 

which any military department or defense agency would need 

to adhere in order to run such capabilities on defense networks; 

and 

‘‘(ii) certifying on a regular and ongoing basis that any 

capabilities being developed or procured meets such standards 

as have been published by the Department at the time of 

certification. 

‘‘(C) The Chief Information Officer shall identify gaps in standards and mitigation plans for operating in the absence of acceptable 

standards.’’. 

(d) DIRECTION AND PRECEDENCE.—Section 142 of title 10, 

United States Code, is amended by adding at the end the following 

new subsections: 

‘‘(c) The Chief Information Officer of the Department of Defense 

shall report directly to the Secretary of Defense in the performance 

of duties under this section. 


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131 STAT. 1516 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(d) The Chief Information Officer of the Department of Defense 

takes precedence in the Department of Defense with the officials 

serving in positions specified in section 131(b)(4) of this title. The 

officials serving in positions specified in such section and the Chief 

Information Officer take precedence among themselves in the order 

prescribed by the Secretary of Defense.’’. 

(e) ALTERNATIVE PROPOSAL.—Not later than March 1, 2018, 

the Secretary of Defense shall submit to the congressional defense 

committees a proposal for such alternatives or modifications to 

the realignment of responsibilities of the Chief Information Officer 

of the Department of Defense required by the amendments made 

by subsection (a) as the Secretary considers appropriate, together 

with an implementation plan for such proposal. The proposal may 

not be carried out unless approved by statute. 

(f) SERVICE OF INCUMBENT WITHOUT FURTHER APPOINTMENT.— 

The individual serving in the position of Chief Information Officer 

of the Department of Defense as of January 1, 2019, may continue 

to serve in such position commencing as of that date without further 

appointment pursuant to section 142 of title 10, United States 

Code, as amended by this section. 

(g) EFFECTIVE DATE OF AMENDMENTS.—The amendments made 

by this section shall take effect on January 1, 2019. 

SEC. 910. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF 

DEFENSE. 

(a) CHIEF MANAGEMENT OFFICER.— 

(1) IN GENERAL.—Effective February 1, 2018, section 132a 

of title 10, United States Code, is amended to read as follows: 

‘‘§ 132a. Chief Management Officer 

‘‘(a) APPOINTMENT AND QUALIFICATIONS.—(1) There is a Chief 

Management Officer of the Department of Defense, appointed from 

civilian life by the President, by and with the advice and consent 

of the Senate. 

‘‘(2) The Chief Management Officer shall be appointed from 

among persons who have an extensive management or business 

background and experience with managing large or complex 

organizations. A person may not be appointed as Chief Management 

Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. 

‘‘(b) RESPONSIBILITIES.—Subject to the authority, direction, and 

control of the Secretary of Defense and the Deputy Secretary of 

Defense, the Chief Management Officer shall perform such duties 

and exercise such powers as the Secretary or the Deputy Secretary 

may prescribe, including the following: 

‘‘(1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of 

Defense. 

‘‘(2) Serving as the principal advisor to the Secretary and 

the Deputy Secretary on establishing policies for, and directing, 

all enterprise business operations of the Department, including 

planning and processes, business transformation, performance 

measurement and management, and business information technology management and improvement activities and programs, 

including the allocation of resources for enterprise business 

10 USC 132a 

note. 

10 USC 142 note. 

10 USC 142 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1517 

operations and unifying business management efforts across 

the Department. 

‘‘(3) Exercising authority, direction, and control over the 

Defense Agencies and Department of Defense Field Activities 

providing shared business services for the Department that 

are designated by the Secretary or the Deputy Secretary for 

purposes of this paragraph. 

‘‘(4) As of January 1, 2019— 

‘‘(A) serving as the Chief Information Officer of the 

Department for purposes of section 2222 of this title; 

‘‘(B) administering the responsibilities and duties specified in sections 11315 and 11319 of title 40, section 

3506(a)(2) of title 44, and section 2223(a) of this title for 

business systems and management; and 

‘‘(C) Exercising any responsibilities, duties, and powers 

relating to business systems or management that are exercisable by a chief information officer for the Department, 

other than those responsibilities, duties, and powers of 

a chief information officer that are vested in the Chief 

Information Officer of the Department of Defense by section 

142 of this title. 

‘‘(5) Serving as the official with principal responsibility 

in the Department for providing for the availability of common, 

usable, Defense-wide data sets with applications such as 

improving acquisition outcomes and personnel management. 

‘‘(6) Authority to direct the Secretaries of the military 

departments and the heads of all other elements of the Department with regard to matters for which the Chief Management 

Officer has responsibility under this section. 

‘‘(c) PRECEDENCE.—The Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense 

and the Deputy Secretary of Defense. 

‘‘(d) ENTERPRISE BUSINESS OPERATION DEFINED.—In this section, the term ‘enterprise business operations’ means those activities 

that constitute the cross-cutting business operations used by multiple components of the Department of Defense, but not those activities that are directly tied to a single military department or Department of Defense component. The term includes business-support 

functions designated by the Secretary of Defense or the Deputy 

Secretary of Defense for purposes of this section, such as aspects 

of financial management, healthcare, acquisition and procurement, 

supply chain and logistics, certain information technology, real property, and human resources operations.’’. 

(2) CLERICAL AMENDMENT.—Effective February 1, 2018, the 

table of sections at the beginning of chapter 4 of title 10, 

United States Code, is amended by striking the item relating 

to section 132a and inserting the following new item: 

‘‘132a. Chief Management Officer.’’. 

(b) CONFORMING REPEAL OF PRIOR AUTHORITIES ON CHIEF

MANAGEMENT OFFICER.— 

(1) IN GENERAL.—Effective on January 31, 2018, subsection 

(c) of section 901 of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2341; 

10 U.S.C. 131 note) is repealed, and the amendments to be 

made by paragraph (4) of that subsection shall not be made. 

10 USC 132 note. 

10 USC 131 prec. 

10 USC 131 note 

prec. 


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131 STAT. 1518 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) FURTHER CONFORMING AMENDMENTS.—Effective on February 1, 2018, section 132 of title 10, United States Code, 

is amended— 

(A) by striking subsection (c); and 

(B) by redesignating subsection (d) as subsection (c). 

(c) CONFORMING AMENDMENTS ON PRECEDENCE IN DOD.—Effective on February 1, 2018, and immediately after the coming into 

effect of the amendments made by section 901 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2339; 10 U.S.C. 131 note)— 

(1) section 131(b) of title 10, United States Code, as 

amended by section 906(d)(1) of this Act, is further amended— 

(A) by redesignating paragraphs (2) through (9) as 

paragraphs (3) through (10), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) The Chief Management Officer of the Department of 

Defense.’’; 

(2) section 133a(c) of such title is amended— 

(A) in paragraph (1), by striking ‘‘and the Deputy Secretary of Defense’’ and inserting ‘‘, the Deputy Secretary 

of Defense, and the Chief Management Officer of the 

Department of Defense’’; and 

(B) in paragraph (2), by inserting ‘‘the Chief Management Officer,’’ after ‘‘the Deputy Secretary,’’; and 

(3) section 133b(c) of such title is amended— 

(A) in paragraph (1), by inserting ‘‘the Chief Management Officer of the Department of Defense,’’ after ‘‘the 

Deputy Secretary of Defense,’’; and 

(B) in paragraph (2), by inserting ‘‘the Chief Management Officer,’’ after ‘‘the Deputy Secretary,’’. 

(d) EXECUTIVE SCHEDULE LEVEL II.—Effective on February 1, 

2018, and immediately after the coming into effect of the amendment made by section 901(h) of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2342; 

5 U.S.C. 5313 note), section 5313 of title 5, United States Code, 

is amended by inserting before the item relating to the Under 

Secretary of Defense for Research and Engineering the following 

new item: 

‘‘Chief Management Officer of the Department of Defense.’’. 

(e) SERVICE OF INCUMBENT DEPUTY CHIEF MANAGEMENT

OFFICER AS CHIEF MANAGEMENT OFFICER UPON COMMENCEMENT

OF LATTER POSITION WITHOUT FURTHER APPOINTMENT.—The individual serving in the position of Deputy Chief Management Officer 

of the Department of Defense as of February 1, 2018, may continue 

to serve as Chief Management Officer of the Department of Defense 

under section 132a of title 10, United States Code (as amended 

by subsection (a)), commencing as of that date without further 

appointment pursuant to such section 132a. 

(f) DEFENSE AGENCIES AND FIELD ACTIVITIES PROVIDING

SHARED BUSINESS SERVICES.— (1) INITIAL REPORTING REQUIREMENT.—Not later than 

January 15, 2018, the Secretary of Defense shall submit to 

the congressional defense committees a report specifying each 

Defense Agency and Department of Defense Field Activity providing shared business services for the Department of Defense 

that is to be designated by the Secretary of Defense or the 

10 USC 132a 

note. 

10 USC 132a 

note. 

5 USC 5313 note. 

10 USC 131 note. 

10 USC 132 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1519 

Deputy Secretary of Defense for purposes of subsection (b)(3) 

of section 132a of title 10, United States Code (as amended 

by subsection (a)), as of the coming into effect of such section 

132a. 

(2) NOTICE TO CONGRESS ON TRANSFER OF OVERSIGHT.— Upon the transfer to the Chief Management Officer of the 

Department of Defense of responsibility for oversight of shared 

business services of a Defense Agency or Department of Defense 

Field Activity specified in the report required by paragraph 

(1), the Secretary of Defense shall submit to the congressional 

defense committees a notice of the transfer, including the 

Defense Agency or Field Activity subject to the transfer and 

a description of the nature and scope of the responsibility 

for oversight transferred. 

Subtitle B—Data Management and 

Analytics 

SEC. 911. POLICY ON TREATMENT OF DEFENSE BUSINESS SYSTEM 

DATA RELATED TO BUSINESS OPERATIONS AND MANAGEMENT. 

(a) ESTABLISHMENT OF POLICY.—Not later than one year after 

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

shall establish a data policy for the Department of Defense that 

mandates that any data contained in a defense business system 

related to business operations and management is an asset of 

the Department of Defense. 

(b) AVAILABILITY.—As part of the policy required by subsection 

(a), the Secretary of Defense shall ensure that, except as otherwise 

provided by law or regulation, data described in such subsection 

shall be made readily available to members of the Office of the 

Secretary of Defense, the Joint Staff, the military departments, 

the combatant commands, the Defense Agencies, the Department 

of Defense Field Activities, and all other offices, agencies, activities, 

and commands of the Department of Defense, as applicable. 

SEC. 912. TRANSPARENCY OF DEFENSE MANAGEMENT DATA. 

(a) COMMON ENTERPRISE DATA.— 

(1) IN GENERAL.—Section 2222(e) of title 10, United States 

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

paragraphs: 

‘‘(5) COMMON ENTERPRISE DATA.—The defense business 

enterprise shall include enterprise data that may be automatically extracted from the relevant systems to facilitate Department of Defense-wide analysis and management of its business 

operations. 

‘‘(6) ROLES AND RESPONSIBILITIES.— 

‘‘(A) The Chief Management Officer of the Department 

of Defense shall have primary decision-making authority 

with respect to the development of common enterprise data. 

In consultation with the Defense Business Council, the 

Chief Management Officer shall— 

‘‘(i) develop an associated data governance process; 

and 

‘‘(ii) oversee the preparation, extraction, and provision of data across the defense business enterprise. 

10 USC 2222 

note. 


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131 STAT. 1520 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(B) The Chief Management Officer and the Under 

Secretary of Defense (Comptroller) shall— 

‘‘(i) in consultation with the Defense Business 

Council, document and maintain any common enterprise data for their respective areas of authority; 

‘‘(ii) participate in any related data governance 

process; 

‘‘(iii) extract data from defense business systems 

as needed to support priority activities and analyses; 

‘‘(iv) when appropriate, ensure the source data is 

the same as that used to produce the financial statements subject to annual audit; 

‘‘(v) in consultation with the Defense Business 

Council, provide access, except as otherwise provided 

by law or regulation, to such data to the Office of 

the Secretary of Defense, the Joint Staff, the military 

departments, the combatant commands, the Defense 

Agencies, the Department of Defense Field Activities, 

and all other offices, agencies, activities, and commands of the Department of Defense; and 

‘‘(vi) ensure consistency of the common enterprise 

data maintained by their respective organizations. 

‘‘(C) The Director of Cost Assessment and Program 

Evaluation shall have access to data for the purpose of 

executing missions as designated by the Secretary of 

Defense. 

‘‘(D) The Secretary of Defense, the Chairman of the 

Joint Chiefs of Staff, the Secretaries of the military departments, commanders of combatant commands, the heads 

of the Defense Agencies, the heads of the Department 

of Defense Field Activities, and the heads of all other 

offices, agencies, activities, and commands of the Department of Defense shall provide access to the relevant system 

of such department, combatant command, Defense Agency, 

Defense Field Activity, or office, agency, activity, and command organization, as applicable, and data extracted from 

such system, for purposes of automatically populating data 

sets coded with common enterprise data.’’. 

(2) DEFINITIONS.—Section 2222(i) of title 10, United States 

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

paragraphs: 

‘‘(10) COMMON ENTERPRISE DATA.—The term ‘common enterprise data’ means business operations or management-related 

data, generally from defense business systems, in a usable 

format that is automatically accessible by authorized personnel 

and organizations. 

‘‘(11) DATA GOVERNANCE PROCESS.—The term ‘data governance process’ means a system to manage the timely Department 

of Defense-wide sharing of data described under subsection 

(a)(6)(A).’’. 

(b) DUTIES OF UNDER SECRETARY OF DEFENSE (COMPTROLLER).—Section 135(b) of title 10, United States Code, is 

amended in the second sentence by inserting after ‘‘shall perform’’ 

the following: ‘‘the duties assigned to the Under Secretary in section 

2222 of this title and’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1521 

(c) DUTIES OF DIRECTOR OF COST ASSESSMENT AND PROGRAM

EVALUATION.—Section 139a(d) of title 10, United States Code, is 

amended by adding at the end the following new paragraph: 

‘‘(9) Performing the duties assigned to the Director in section 2222 of this title.’’. 

(d) IMPLEMENTATION PLAN FOR COMMON ENTERPRISE DATA.— 

(1) PLAN REQUIRED.—Not later than one year after the 

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

Defense, acting through the Chief Management Officer of the 

Department of Defense, shall develop a plan to implement 

the amendments made by subsection (a). 

(2) ELEMENTS.—At a minimum, the implementation plan 

required by paragraph (1) shall include the following elements: 

(A) The major tasks required to implement the requirements imposed by the amendments made by subsection 

(a) and the recommended time frames for each task. 

(B) The estimated resources required to complete each 

major task identified pursuant to subparagraph (A). 

(C) Any challenges associated with each major task 

identified pursuant to subparagraph (A) and related steps 

to mitigate such challenge. 

(D) A description of how data security issues will be 

appropriately addressed in the implementation of such 

requirements. 

(E) A review of the curriculum taught at the National 

Defense University, the Defense Acquisition University, 

professional military educational institutions, and appropriate private sector academic institutions to determine 

the extent to which the curricula include appropriate 

courses on data management, data analytics and other 

evaluation-related methods. 

(3) ROLE OF UNDER SECRETARY OF DEFENSE (COMPTROLLER).—The Under Secretary of Defense (Comptroller) shall 

ensure that the implementation plan required by paragraph 

(1) does not conflict with the financial statement audit priorities 

and timeline of the Department of Defense. 

(4) SUBMISSION TO CONGRESS.—Upon completion of the 

implementation plan required by paragraph (1), the Chief 

Management Officer shall submit the plan to the congressional 

defense committees. 

(e) APPLICATION OF NEW AUTHORITIES REQUIRED.— 

(1) DATA ANALYTICS CAPABILITY REQUIRED.—Not later than 

September 30, 2020, the Chief Management Officer of the 

Department of Defense shall establish and maintain within 

the Department of Defense a data analytics capability for purposes of supporting enhanced oversight and management of 

the Defense Agencies and Department of Defense Field Activities. 

(2) ELEMENTS.—The data analytics capability shall permit 

the following: 

(A) The maintenance on a continuing basis of an 

accurate tabulation of the amounts expended by the 

Defense Agencies and Department of Defense Field Activities on Government and contractor personnel. 

(B) The maintenance on a continuing basis of an 

accurate number of the personnel currently supporting the 

10 USC 2222 

note. 


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131 STAT. 1522 PUBLIC LAW 115–91—DEC. 12, 2017 

Defense Agencies and Department of Defense Field Activities, including the following: 

(i) Members of the regular components of the 

Armed Forces. 

(ii) Members of the reserve components of the 

Armed Forces. 

(iii) Civilian employees of the Department of 

Defense. 

(iv) Detailees, whether from another organization 

or element of the Department or from another department or agency of the Federal Government. 

(C) The tracking of costs for employing contract personnel, including federally funded research and development centers. 

(D) The maintenance on a continuing basis of the following: 

(i) An identification of the functions being performed by each Defense Agency and Department of 

Defense Field Activity. 

(ii) An accurate tabulation of the amounts being 

expended by each Defense Agency and Department 

of Defense Field Activity on its functions. 

(3) REPORTING REQUIREMENTS.— 

(A) INTERIM REPORT.—Not later than one year after 

the date of the enactment of this Act, the Chief Management Officer of the Department of Defense shall submit 

to the congressional defense committees a report on 

progress in establishing the data analytics capability. The 

report shall include the following: 

(i) A description and assessment of the efforts of 

the Chief Management Officer through the date of 

the report to establish the data analytics capability. 

(ii) A description of current gaps in the data 

required to establish the data analytics capability, and 

a description of the efforts to be undertaken to eliminate such gaps. 

(B) FINAL REPORT.—Not later than December 31, 2020, 

the Chief Management Officer shall submit to the congressional defense committees a report on the data analytics 

capability as established pursuant to this section. 

(f) ADDITIONAL PILOT PROGRAMS REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall carry out 

pilot programs to develop data integration strategies for the 

Department of Defense to address high-priority management 

challenges of the Department. 

(2) ELEMENTS.—The pilot programs carried out under the 

authority of this subsection shall involve data integration 

strategies to address challenges of the Department with respect 

to the following: 

(A) The budget of the Department. 

(B) Logistics. 

(C) Personnel security and insider threats. 

(D) At least two other high-priority challenges of the 

Department identified by the Secretary for purposes of 

this subsection. 

(3) REPORT ON PILOT PROGRAMS.—Not later than one year 

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

10 USC 2222 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1523 

of Defense shall submit to the congressional defense committees 

a report describing the pilot programs to be carried out under 

this section, including the challenge of the Department to be 

addressed by the pilot program and the manner in which the 

data integration strategy under the pilot program will address 

the challenge. If any proposed pilot program requires legislative 

action for the waiver or modification of a statutory requirement 

that otherwise prevents or impedes the implementation of the 

pilot program, the Secretary shall include in the report a recommendation for legislative action to waive or modify the statutory requirement. 

SEC. 913. ESTABLISHMENT OF SET OF ACTIVITIES THAT USE DATA 

ANALYSIS, MEASUREMENT, AND OTHER EVALUATIONRELATED METHODS TO IMPROVE ACQUISITION PROGRAM 

OUTCOMES. 

(a) ESTABLISHMENT REQUIRED.—Not later than one year after 

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

shall establish a set of activities that use data analysis, measurement, and other evaluation-related methods to improve the acquisition outcomes of the Department of Defense and enhance organizational learning. 

(b) TYPES OF ACTIVITIES.—The set of activities established 

under subsection (a) may include any or all of the following: — 

(1) Establishment of data analytics capabilities and 

organizations within an Armed Force. 

(2) Development of capabilities in Department of Defense 

laboratories, test centers, and federally funded research and 

development centers to provide technical support for data analytics activities that support acquisition program management 

and business process re-engineering activities. 

(3) Increased use of existing analytical capabilities available to acquisition programs and offices to support improved 

acquisition outcomes. 

(4) Funding of intramural and extramural research and 

development activities to develop and implement data analytics 

capabilities in support of improved acquisition outcomes. 

(5) Publication, to the maximum extent practicable, and 

in a manner that protects classified and proprietary information, of data collected by the Department of Defense related 

to acquisition program costs and activities for access and analyses by the general public or Department research and education organizations. 

(6) Promulgation by the Chief of Staff of the Army, the 

Chief of Naval Operations, the Chief of Staff of the Air Force, 

and the Commandant of the Marine Corps, in coordination 

with the Deputy Secretary of Defense, the Under Secretary 

of Defense for Research and Engineering, and the Under Secretary for Acquisition and Sustainment, of a consistent policy 

as to the role of data analytics in establishing budgets and 

making milestone decisions for major defense acquisition programs. 

(7) Continual assessment, in consultation with the private 

sector, of the efficiency of current data collection and analyses 

processes, so as to minimize the requirement for collection 

and delivery of data by, from, and to Government organizations. 

10 USC 2302 

note. 


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131 STAT. 1524 PUBLIC LAW 115–91—DEC. 12, 2017 

(8) Promulgation of guidance to acquisition programs and 

activities on the efficient use, quality, and sharing of enterprise 

data between programs and organizations to improve acquisition program analytics and outcomes. 

(9) Establishment of focused research and educational 

activities at the Defense Acquisition University, and appropriate private sector academic institutions, to support enhanced 

use of data management, data analytics, and other evaluationrelated methods to improve acquisition outcomes. 

Subtitle C—Organization of Other Department of Defense Offices and Elements 

SEC. 921. QUALIFICATIONS FOR APPOINTMENT OF ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR FINANCIAL 

MANAGEMENT. 

(a) ASSISTANT SECRETARY OF THE ARMY.—Section 3016(b)(4) 

of title 10, United States Code, is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(2) by striking ‘‘The Assistant Secretary shall have as his 

principal responsibility’’ and inserting the following: 

‘‘(C) The principal responsibility of the Assistant Secretary shall 

be’’; and 

(3) by inserting after subparagraph (A), as designated by 

paragraph (1), the following new subparagraph (B): 

‘‘(B) The Assistant Secretary shall be appointed from among 

persons who have significant budget, financial management, or 

audit experience in complex organizations.’’. 

(b) ASSISTANT SECRETARY OF THE NAVY.—Section 5016(b)(3) 

of title 10, United States Code, is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

(2) by striking ‘‘The Assistant Secretary shall have as his 

principal responsibility’’ and inserting the following: 

‘‘(C) The principal responsibility of the Assistant Secretary shall 

be’’; and 

(3) by inserting after subparagraph (A), as designated by 

paragraph (1), the following new subparagraph (B): 

‘‘(B) The Assistant Secretary shall be appointed from among 

persons who have significant budget, financial management, or 

audit experience in complex organizations.’’. 

(c) ASSISTANT SECRETARY OF THE AIR FORCE.—Section 

8016(b)(3) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

(2) by striking ‘‘The Assistant Secretary shall have as his 

principal responsibility’’ and inserting the following: 

‘‘(C) The principal responsibility of the Assistant Secretary shall 

be’’; and 

(3) by inserting after subparagraph (A), as designated by 

paragraph (1), the following new subparagraph (B): 

‘‘(B) The Assistant Secretary shall be appointed from among 

persons who have significant budget, financial management, or 

audit experience in complex organizations.’’. 

(d) APPLICABILITY.—The appointment qualifications imposed by 

the amendments made by this section shall apply with respect 

10 USC 3016 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1525 

to an appointment as an Assistant Secretary of a military department for financial management that is made on or after the date 

of the enactment of this Act. 

SEC. 922. MANNER OF CARRYING OUT REDUCTIONS IN MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PURSUANT TO HEADQUARTERS REDUCTION PLAN. 

Section 346(b) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 796; 10 U.S.C. 

111 note) is amended by adding at the end the following new 

paragraph: 

‘‘(5) MANNER OF CARRYING OUT REDUCTIONS.— ‘‘(A) IN GENERAL.—The Secretary of Defense shall 

implement the headquarters reduction plan referred to in 

paragraph (1), as modified pursuant to that paragraph, 

so that reductions in major Department of Defense headquarters activities pursuant to the plan are carried out 

only after consideration of— 

‘‘(i) the current manpower levels of major Department of Defense headquarters activities; 

‘‘(ii) the historic manpower levels of major Department of Defense headquarters activities; 

‘‘(iii) the mission requirements of major Department of Defense headquarters activities; and 

‘‘(iv) the anticipated staffing needs of major 

Department of Defense headquarters activities necessary to meet national defense objectives. 

‘‘(B) CONFORMING MODIFICATION OF PLAN FOR ACHIEVEMENT OF COST SAVINGS.—The Secretary of Defense shall 

modify the plan for achievement of cost savings required 

by subsection (a) to take into account the requirement 

specified in subparagraph (A).’’. 

SEC. 923. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY REDUCTIONS IN MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES. 

Section 346(b) of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 796 10 U.S.C. 

111 note), as amended by section 922, is further amended by adding 

at the end the following new paragraph: 

‘‘(6) CERTIFICATIONS ON COST SAVINGS ACHIEVED.—Not later 

than 120 days after the date of the enactment of this paragraph, 

and not later than 60 days after the end of each of fiscal 

years 2018 through 2020, the Director of Cost Assessment 

and Program Evaluation shall certify to the Secretary of 

Defense, and to the congressional defense committees, the following: 

‘‘(A) The validity of the cost savings achieved for each 

major Department of Defense headquarters activity during 

the previous fiscal year, including the cost of personnel 

detailed by another Department entity to the headquarters 

activity. 

‘‘(B) Whether the cost savings achieved for each major 

Department of Defense headquarters activity during that 

fiscal year met the savings objective for the headquarters 

activity for that fiscal year, as established pursuant to 

paragraph (1).’’. 


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131 STAT. 1526 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 924. CORROSION CONTROL AND PREVENTION EXECUTIVES MATTERS. 

(a) SCOPE AND LEVEL OF POSITIONS.—Section 903(a) of the 

Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 10 U.S.C. 2228 note) is amended— 

(1) by striking ‘‘shall be the senior official’’ and inserting 

‘‘shall be a senior official’’; and 

(2) by adding at the end the following new sentence: ‘‘Each 

individual so designated shall be a senior civilian employee 

of the military department concerned in pay grade GS–15 or 

higher.’’. 

(b) QUALIFICATIONS.—Section 903 of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 10 U.S.C. 2228 note) is further amended— 

(1) by redesignating subsection (b) as subsection (c); and 

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

‘‘(b) QUALIFICATIONS.—Any individual designated as a corrosion 

control and prevention executive of a military department pursuant 

to subsection (a) shall— 

‘‘(1) have a working knowledge of corrosion prevention and 

control; 

‘‘(2) have strong program management and communication 

skills; and 

‘‘(3) understand the acquisition, research, development, 

test, and evaluation, and sustainment policies and procedures 

of the military department, including for the sustainment of 

infrastructure.’’. 

SEC. 925. BACKGROUND AND SECURITY INVESTIGATIONS FOR DEPARTMENT OF DEFENSE PERSONNEL. 

(a) TRANSITION TO DISCHARGE BY DEFENSE SECURITY

SERVICE.— 

(1) SECRETARIAL AUTHORITY.—The Secretary of Defense has 

the authority to conduct security, suitability, and credentialing 

background investigations for Department of Defense personnel. 

In carrying out such authority, the Secretary may use such 

authority, or may delegate such authority to another entity. 

(2) PHASED TRANSITION.—As part of providing for the conduct of background investigations initiated by the Department 

of Defense through the Defense Security Service by not later 

than the deadline specified in subsection (b), the Secretary 

shall, in consultation with the Director of the Office of Personnel 

Management, provide for a phased transition from the conduct 

of such investigations by the National Background Investigations Bureau of the Office of Personnel Management to the 

conduct of such investigations by the Defense Security Service 

by that deadline. 

(3) TRANSITION ELEMENTS.—The phased transition required 

by paragraph (2) shall— 

(A) provide for the transition of the conduct of investigations to the Defense Security Service using a risk 

management approach; and 

(B) be consistent with the transition from legacy 

information technology operated by the Office of Personnel 

Management to the new information technology, including 

10 USC 1564 

note. 

10 USC 2228 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1527 

the National Background Investigations System, as 

described in subsection (f). 

(b) COMMENCEMENT OF IMPLEMENTATION PLAN FOR ONGOING

DISCHARGE OF INVESTIGATIONS THROUGH DSS.—Not later than 

October 1, 2020, the Secretary of Defense shall commence carrying 

out the implementation plan developed pursuant to section 951(a)(1) 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2371; 10 U.S.C. 1564 note). 

(c) TRANSFER OF CERTAIN FUNCTIONS WITHIN DOD TO DSS.— 

(1) TRANSFER REQUIRED.—For purposes of meeting the 

requirements in subsections (a) and (b), the Secretary of 

Defense shall transfer to the Defense Security Service the functions, personnel, and associated resources of the following 

organizations: 

(A) The Consolidated Adjudications Facility. 

(B) Other organizations identified by the Secretary 

for purposes of this paragraph. 

(2) SUPPORTING ORGANIZATIONS.—In addition to the 

organizations identified pursuant to paragraph (1), the following organizations shall prioritize resources to directly support the execution of requirements in subsections (a) and (b): 

(A) The Office of Cost Analysis and Program Evaluation. 

(B) The Defense Digital Service. 

(C) Other organizations designated by the Secretary 

for purposes of this paragraph. 

(3) TIMING AND MANNER OF TRANSFER.—The Secretary— 

(A) may carry out the transfer required by paragraph 

(1) at any time before the date specified in subsection 

(b) that the Secretary considers appropriate for purposes 

of this section; and 

(B) shall carry out the transfer in a manner designed 

to minimize disruptions to the conduct of background investigations for personnel of the Department of Defense. 

(d) TRANSFER OF CERTAIN FUNCTIONS IN OPM TO DSS.— 

(1) IN GENERAL.—For purposes of meeting the requirements 

in subsections (a) and (b), the Secretary of Defense shall provide 

for the transfer of the functions described in paragraph (2), 

and any associated personnel and resources, to the Department 

of Defense. 

(2) FUNCTIONS.—The functions to be transferred pursuant 

to paragraph (1) are the following: 

(A) Any personnel security investigations functions 

transferred by the Secretary to the Director of the Office 

of Personnel Management pursuant to section 906 of the 

National Defense Authorization Act for Fiscal Year 2004 

(Public Law 108–136; 5 U.S.C. 1101 note). 

(B) Any other functions of the Office of Personnel 

Management in connection with background investigations 

initiated by the Department of Defense that the Secretary 

and the Director jointly consider appropriate. 

(3) ASSESSMENT.—In carrying out the transfer of functions 

pursuant to paragraph (1), the Secretary shall conduct a comprehensive assessment of workforce requirements for both the 

Department of Defense and the National Background Investigations Bureau synchronized to the transition plan, including 

a forecast of workforce needs across the current future-years 


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131 STAT. 1528 PUBLIC LAW 115–91—DEC. 12, 2017 

defense plan for the Department. Not later than 180 days 

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

shall submit to the appropriate congressional committees a 

report containing the results of the assessment. 

(4) CONSULTATION.—The Secretary shall carry out paragraphs (1), (2), and (3) in consultation with the Director of 

the Office of Personnel Management and the Director of the 

Office of Management and Budget. 

(5) LOCATION WITHIN DOD.—Any functions transferred to 

the Department of Defense pursuant to this subsection shall 

be located within the Defense Security Service. 

(e) CONDUCT OF CERTAIN ACTIONS.—For purposes of the conduct 

of background investigations following the commencement of carrying out the implementation plan referred to in subsection (b), 

the Secretary of Defense shall provide for the following: 

(1) A single capability for the centralized funding, submissions, and processing of all background investigations, from 

within the Defense Security Service. 

(2) The discharge by the Consolidated Adjudications 

Facility, from within the Defense Security Service pursuant 

to transfer under subsection (c), of adjudications in connection 

with the following: 

(A) Background investigations. 

(B) Continuous evaluation and vetting checks. 

(f) ENHANCEMENT OF INFORMATION TECHNOLOGY CAPABILITIES

OF NBIS.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct 

a review of the information technology capabilities of the 

National Background Investigations System in order to determine whether enhancements to such capabilities are required 

for the following: 

(A) Support for background investigations pursuant 

to this section and section 951 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2371; 10 U.S.C. 1564 note). 

(B) Support of the National Background Investigations 

Bureau. 

(C) Execution of the conduct of background investigations initiated by the Department of Defense pursuant 

to this section, including submissions and adjudications. 

(2) COMMON COMPONENT.—In providing for the transition 

and operation of the National Background Investigations 

System as described in paragraph (1)(C), the Secretary shall 

develop a common component of the System usable for background investigations by both the Defense Security Service 

and the National Background Investigations Bureau. 

(3) ENHANCEMENTS.—If the review pursuant to paragraph 

(1) determines that enhancements described in that paragraph 

are required, the Secretary shall carry out such enhancements. 

(4) CONSULTATION.—The Secretary shall carry out this subsection in consultation with the Director of the Office of Personnel Management. 

(g) USE OF CERTAIN PRIVATE INDUSTRY DATA.—In carrying 

out background and security investigations pursuant to this section 

and section 951 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2371; 10 U.S.C. 

1564 note), the Secretary of Defense may use background materials 


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collected on individuals by the private sector, in accordance with 

national policies and standards, that are applicable to such investigations, including materials as follows: 

(1) Financial information, including credit scores and credit 

status. 

(2) Criminal records. 

(3) Drug screening. 

(4) Verifications of information on resumes and employment 

applications, such as previous employers, educational achievement, and educational institutions attended. 

(5) Other publicly available electronic information. 

(h) SECURITY CLEARANCES FOR CONTRACTOR PERSONNEL.— (1) IN GENERAL.—The Secretary of Defense shall review 

the requirements of the Department of Defense relating to 

position sensitivity designations for contractor personnel in 

order to determine whether such requirements may be 

reassessed or modified to reduce the number and range of 

contractor personnel who are issued security clearances in 

connection with work under contracts with the Department. 

(2) GUIDANCE.—The Secretary shall issue guidance to program managers, contracting officers, and security personnel 

of the Department specifying requirements for the review of 

contractor position sensitivity designations and the number 

of contractor personnel of the Department who are issued security clearances for the purposes of determining whether the 

number of such personnel who are issued security clearances 

should and can be reduced. 

(i) PERSONNEL TO SUPPORT THE TRANSFER OF FUNCTIONS.— 

The Secretary of Defense shall authorize the Director of the Defense 

Security Service to promptly increase the number of personnel 

of the Defense Security Service for the purpose of beginning the 

establishment and expansion of investigative capacity to support 

the phased transfer of investigative functions from the Office of 

Personnel Management to the Department of Defense under this 

section. The Director of Cost Analysis and Program Assessment 

shall advise the Secretary on the size of the initial investigative 

workforce and the rate of growth of that workforce. 

(j) REPORT ON FUTURE PERIODIC REINVESTIGATIONS, INSIDER

THREAT, AND CONTINUOUS VETTING.— 

(1) REPORT REQUIRED.—Not later than 90 days after the 

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

shall submit to the appropriate congressional committees a 

report that includes the following: 

(A) An assessment of the feasibility and advisability 

of periodic reinvestigations of backgrounds of Government 

and contractor personnel with security clearances, 

including lessons from all of the continuous evaluation 

pilots being conducted throughout the Government, and 

identification of new or additional data sources and data 

analytic tools needed for improving current continuous 

evaluation or vetting capabilities. 

(B) A plan to provide the Government with an 

enhanced risk management model that reduces the gaps 

in coverage perpetuated by the current time-based periodic 

reinvestigations model, particularly in light of the 

increasing use of continuous background evaluations of 

personnel referred to in subparagraph (A). 


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(C) A plan for expanding continuous background vetting capabilities, such as the Installation Matching Engine 

for Security and Analysis, to the broader population, 

including those at the lowest tiers and levels of access, 

which plan shall include details to ensure that all individuals credentialed for physical access to Department of 

Defense facilities and installations are vetted to the same 

level of fitness determinations and subject to appropriate 

continuous vetting. 

(D) A plan to fully integrate and incorporate insider 

threat data, tools, and capabilities into the new end-toend vetting processes and supporting information technology established by the Defense Security Service to 

ensure a holistic and transformational approach to 

detecting, deterring, and mitigating threats posed by 

trusted insiders. 

(2) CONSULTATION.—The Secretary shall prepare the report 

under paragraph (1) in consultation with the Director of 

National Intelligence and the Director of the Office of Personnel 

Management. 

(k) QUARTERLY AND ANNUAL BRIEFINGS AND REPORTS.— 

(1) ANNUAL ASSESSMENT OF TIMELINESS.—Not later than 

December 31, 2018, and each December 31 thereafter through 

the date specified in paragraph (4), the Security Executive 

Agent, in coordination with the Chair and other Principals 

of the Security, Suitability, and Credentialing Performance 

Accountability Council, shall submit to the appropriate committees of Congress a report on the timeliness of personnel security 

clearance initiations, investigations, and adjudications, by clearance level, for both initial investigations and periodic reinvestigations during the prior fiscal year for Government and contractor employees, including the following: 

(A) The average periods of time taken by each authorized investigative agency and authorized adjudicative 

agency to initiate cases, conduct investigations, and adjudicate cases as compared with established timeliness objectives, from the date a completed security clearance application is received to the date of adjudication and notification 

to the subject and the subject’s employer. 

(B) The number of initial investigations and periodic 

reinvestigations initiated and adjudicated by each authorized adjudicative agency. 

(C) The number of initial investigations and periodic 

reinvestigations carried over from prior fiscal years by each 

authorized investigative and adjudicative agency. 

(D) The number of initial investigations and periodic 

reinvestigations that resulted in a denial or revocation 

of a security clearance by each authorized adjudicative 

agency. 

(E) The costs to the executive branch related to personnel security clearance initiations, investigations, adjudications, revocations, and continuous evaluation. 

(F) A discussion of any impediments to the timely 

processing of personnel security clearances. 

(G) The number of clearance holders enrolled in continuous evaluation and the numbers and types of adverse 


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actions taken as a result by each authorized adjudicative 

agency. 

(H) The number of personnel security clearance cases, 

both initial investigations and periodic reinvestigations, 

awaiting or under investigation by the National Background Investigations Bureau. 

(I) Other information as appropriate, including any 

recommendations to improve the timeliness and efficiency 

of personnel security clearance initiations, investigations, 

and adjudications. 

(2) QUARTERLY BRIEFINGS.—Not later than the end of each 

calendar-year quarter beginning after January 1, 2018, through 

the date specified in paragraph (4), the Secretary of Defense 

shall provide the appropriate congressional committees a 

briefing on the progress of the Secretary in carrying out the 

requirements of this section during that calendar-year quarter. 

Until the backlog of security clearance applications at the 

National Background Investigations Bureau is eliminated, each 

quarterly briefing shall also include the current status of the 

backlog and the resulting mission and resource impact to the 

Department of Defense and the defense industrial base. Until 

the phased transition described in subsection (a) is complete, 

each quarterly briefing shall also include identification of any 

resources planned for movement from the National Background 

Investigations Bureau to the Department of Defense during 

the next calendar-year quarter. 

(3) ANNUAL REPORTS.—Not later than December 31, 2018, 

and each December 31 thereafter through the date specified 

in paragraph (4), the Secretary of Defense shall submit to 

the appropriate congressional committees a report on the following for the calendar year in which the report is to be 

submitted: 

(A) The status of the Secretary in meeting the requirements in subsections (a), (b), and (c). 

(B) The status of any transfers to be carried out pursuant to subsection (d). 

(C) An assessment of the personnel security capabilities 

of the Department of Defense. 

(D) The average periods of time taken by each authorized investigative agency and authorized adjudicative 

agency to initiate cases, conduct investigations, and adjudicate cases as compared with established timeliness objectives, from the date a completed security clearance application is received to the date of adjudication and notification 

to the subject and the subject’s employer. 

(E) The number of initial investigations and periodic 

reinvestigations initiated and adjudicated by each authorized adjudicative agency. 

(F) The number of initial investigations and periodic 

reinvestigations carried over from prior fiscal years by each 

authorized investigative and adjudicative agency. 

(G) The number of initial investigations and periodic 

reinvestigations that resulted in a denial or revocation 

of a security clearance by each authorized adjudicative 

agency. 


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131 STAT. 1532 PUBLIC LAW 115–91—DEC. 12, 2017 

(H) The costs to the Department of Defense related 

to personnel security clearance initiations, investigations, 

adjudications, revocations, and continuous evaluation. 

(I) A discussion of any impediments to the timely processing of personnel security clearances. 

(J) The number of clearance holders enrolled in continuous evaluation and the numbers and types of adverse 

actions taken as a result. 

(K) The number of personnel security clearance cases, 

both initial investigations and periodic reinvestigations, 

awaiting or under investigation by the National Background Investigations Bureau. 

(L) Other information that the Secretary considers 

appropriate, including any recommendations to improve 

the timeliness and efficiency of personnel security clearance 

initiations, investigations, and adjudications. 

(4) TERMINATION.—No briefing or report is required under 

this subsection after December 31, 2021. 

(l) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committees on Armed Services, Appropriations, 

Homeland Security and Governmental Affairs, and the Select 

Committee on Intelligence of the Senate; and 

(2) the Committees on Armed Services, Appropriations, 

Oversight and Government Reform, and the Permanent Select 

Committee on Intelligence of the House of Representatives. 

Subtitle D—Miscellaneous Reporting 

Requirements 

SEC. 931. ADDITIONAL ELEMENTS IN REPORTS ON POLICY, ORGANIZATION, AND MANAGEMENT GOALS OF THE SECRETARY OF 

DEFENSE FOR THE DEPARTMENT OF DEFENSE. 

Section 912(a)(2) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2349) is 

amended by adding at the end the following new subparagraphs: 

‘‘(D) A civilian operating force structure sized for operational effectiveness that is manned, equipped, and trained 

to support deployment time and rotation ratios that sustain 

the readiness and needed retention levels of the regular 

and reserve components of the Armed Forces. 

‘‘(E) The hiring authorities and other actions that the 

Secretary of Defense or the Secretaries of the military 

departments will take to eliminate any gaps between 

desired programmed civilian workforce levels and the current size of the civilian workforce, set forth by mission 

and functional area.’’. 

SEC. 932. REPORT AND SENSE OF CONGRESS ON RESPONSIBILITY FOR 

DEVELOPMENTAL TEST AND EVALUATION WITHIN THE 

OFFICE OF THE SECRETARY OF DEFENSE. 

(a) REPORT ON PLANS TO ADDRESS DEVELOPMENTAL TEST AND

EVALUATION RESPONSIBILITIES WITHIN THE OFFICE OF THE SEC- RETARY OF DEFENSE.— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1533 

(1) IN GENERAL.—Not later than 60 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 containing a strategy 

to ensure that there is sufficient expertise, oversight, and policy 

direction on developmental test and evaluation within the Office 

of the Secretary of Defense after the completion of the reorganization of such Office required under section 901 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2339). 

(2) ELEMENTS.—The report required by paragraph (1) shall 

address the following: 

(A) The structure of the roles and responsibilities of 

the senior Department of Defense official responsible for 

developmental test and evaluation, as distinct from operational test and evaluation or systems engineering. 

(B) The location of the senior Department of Defense 

official responsible for developmental test and evaluation 

within the organizational structure of the Office of the 

Secretary of Defense. 

(C) An estimate of personnel and other resources that 

should be made available to the senior Department of 

Defense official responsible for developmental test and 

evaluation to ensure that such official can provide independent expertise, oversight, and policy direction and guidance Department of Defense-wide. 

(D) Methods to ensure that the senior Department 

of Defense official responsible for developmental test and 

evaluation will be empowered to facilitate Department of 

Defense-wide efficiencies by helping programs to optimize 

test designs and activities, including ensuring access to 

program data and participation in acquisition program 

oversight. 

(E) Methods to ensure that an advocate for test and 

evaluation workforce will continue to exist within the 

acquisition workforce. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) developmental testing is critical to reducing acquisition 

program risk by providing valuable information to support 

sound decision making; 

(2) major defense acquisition programs often do not conduct 

enough developmental testing, so too many problems are first 

identified during operational testing, when they are expensive 

and time-consuming to fix; and 

(3) in order to ensure that effective developmental testing 

is conducted on major defense acquisition programs, the Secretary of Defense should— 

(A) carefully consider where the senior Department 

of Defense official responsible for developmental test and 

evaluation is located within the organizational structure 

of the Office of the Secretary of Defense; and 

(B) ensure that such official has sufficient authority 

and resources to provide oversight and policy direction 

on developmental test and evaluation Department of 

Defense-wide. 


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131 STAT. 1534 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 933. REPORT ON OFFICE OF CORROSION POLICY AND OVERSIGHT. 

(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 Committees on Armed Services of the Senate and the House 

of Representatives a report— 

(1) evaluating the continued need for the Office of Corrosion 

Policy and Oversight; and 

(2) containing a recommendation regarding whether to 

retain or terminate the Office. 

(b) ASSESSMENT.—As part of the report required by subsection 

(a), the Secretary of Defense shall conduct an assessment to determine whether there is duplication in matters relating to corrosion 

prevention and control and mitigation of corrosion of the military 

equipment and infrastructure of the Department of Defense between 

the Office of Corrosion Policy and Oversight and other elements 

of the Department, including, in particular, the Corrosion Control 

and Prevention Executives of the military departments. 

(c) RECOMMENDATION.—If the report required by subsection 

(a) includes a recommendation to terminate the Office of Corrosion 

Policy and Oversight, the Secretary of Defense shall include recommendations for such additional authorities, if any, for the military departments and the Armed Forces as the Secretary considers 

appropriate to ensure the proper discharge by the Department 

of Defense of functions relating to corrosion prevention and control 

and mitigation of corrosion in the absence of the Office. 

Subtitle D—Other Matters 

SEC. 941. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR 

THE UNITED STATES. 

(a) EXTENSION OF DEADLINES FOR REPORTING AND BRIEFING

REQUIREMENTS.—Section 942(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2368) 

is amended— 

(1) in paragraph (1), by striking ‘‘December 1, 2017’’ and 

inserting ‘‘July 1, 2018’’; and 

(2) in paragraph (2), by striking ‘‘June 1, 2017’’ and 

inserting ‘‘March 1, 2018’’. 

(b) TREATMENT OF COMMISSION.—Section 942 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2368) is amended by adding at the end the following 

new subsection: 

‘‘(h) LEGISLATIVE ADVISORY COMMITTEE.—The Commission shall 

operate as a legislative advisory committee and shall not be subject 

to the provisions of the Federal Advisory Committee Act (Public 

Law 92–463; 5 U.S.C. App.) or section 552b of title 5, United 

States Code (commonly known as the Government in the Sunshine 

Act).’’. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Consolidation, codification, and improvement of certain authorities and 

requirements in connection with the audit of the financial statements of 

the Department of Defense. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1535 

Sec. 1003. Improper payment matters. 

Sec. 1004. Rankings of auditability of financial statements of the organizations and 

elements of the Department of Defense. 

Sec. 1005. Financial operations dashboard for the Department of Defense. 

Sec. 1006. Review and recommendations on efforts to obtain audit opinion on full 

financial statements. 

Sec. 1007. Notification requirement for certain contracts for audit services. 

Subtitle B—Counterdrug Activities 

Sec. 1011. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. 

Sec. 1012. Venue for prosecution of maritime drug trafficking. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. National Defense Sealift Fund. 

Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear procurement 

of certain critical components. 

Sec. 1023. Operational readiness of littoral combat ships on extended deployment. 

Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class 

cruisers or dock landing ships. 

Sec. 1025. Policy of the United States on minimum number of battle force ships. 

Sec. 1026. Surveying ships. 

Subtitle D—Counterterrorism 

Sec. 1031. Modification of authority on support of special operations to combat terrorism. 

Sec. 1032. Termination of requirement to submit annual budget justification display for Department of Defense combating terrorism program. 

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. 

Sec. 1036. Prohibition on use of funds to close or relinquish control of United States 

Naval Station, Guantanamo Bay, Cuba. 

Sec. 1037. Sense of Congress regarding providing for timely victim and family testimony in military commission trials. 

Sec. 1038. Report on public availability of military commissions proceedings. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Limitation on expenditure of funds for emergency and extraordinary expenses for intelligence and counter-intelligence activities. 

Sec. 1042. Matters relating to the submittal of future-years defense programs. 

Sec. 1043. Modifications to humanitarian demining assistance authorities. 

Sec. 1044. Prohibition on charge of certain tariffs on aircraft traveling through 

channel routes. 

Sec. 1045. Prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of 

the Department following separation from military service or employment with the Department. 

Sec. 1046. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms. 

Sec. 1047. Report on western Pacific Ocean ship depot maintenance capability and 

capacity. 

Sec. 1048. Annual training regarding the influence campaign of the Russian Federation. 

Sec. 1049. Workforce issues for military realignments in the Pacific. 

Subtitle F—Studies and Reports 

Sec. 1051. Elimination of reporting requirements terminated after November 25, 

2017, pursuant to section 1080 of the National Defense Authorization 

Act for Fiscal Year 2016. 

Sec. 1052. Report on transfer of defense articles to units committing gross violations of human rights. 

Sec. 1053. Report on the National Biodefense Analysis and Countermeasures Center. 


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131 STAT. 1536 PUBLIC LAW 115–91—DEC. 12, 2017 

Sec. 1054. Report on Department of Defense Arctic capability and resource gaps 

and required infrastructure. 

Sec. 1055. Review and assessment of Department of Defense personnel recovery 

and nonconventional assisted recovery mechanisms. 

Sec. 1056. Mine warfare readiness inspection plan and report. 

Sec. 1057. Annual report on civilian casualties in connection with United States 

military operations. 

Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization. 

Sec. 1059. Report on alternatives to aqueous film forming foam. 

Sec. 1060. Assessment of global force posture. 

Sec. 1061. Army modernization strategy. 

Sec. 1062. Report on Army plan to improve operational unit readiness by reducing 

number of non-deployable soldiers assigned to operational units. 

Sec. 1063. Efforts to combat physiological episodes on certain Navy aircraft. 

Sec. 1064. Studies on aircraft inventories for the Air Force. 

Sec. 1065. Department of Defense review of Navy capabilities in the Arctic region. 

Sec. 1066. Comprehensive review of maritime intelligence, surveillance, reconnaissance, and targeting capabilities. 

Sec. 1067. Report on the need for a Joint Chemical-Biological Defense Logistics 

Center. 

Sec. 1068. Missile Technology Control Regime Category I unmanned aerial vehicle 

systems. 

Sec. 1069. Recommendations for interagency vetting of foreign investments affecting national security. 

Sec. 1070. Briefing on prior attempted Russian cyber attacks against defense systems. 

Sec. 1071. Enhanced analytical and monitoring capability of the defense industrial 

base. 

Sec. 1072. Report on defense of combat logistics and strategic mobility forces. 

Sec. 1073. Report on acquisition strategy to recapitalize the existing system for undersea fixed surveillance. 

Sec. 1074. Report on implementation of requirements in connection with the organization of the Department of Defense for management of special operations forces and special operations. 

Sec. 1075. Report on the global food system and vulnerabilities relevant to Department of Defense missions. 

Subtitle G—Modernizing Government Technology 

Sec. 1076. Definitions. 

Sec. 1077. Establishment of agency information technology systems modernization 

and working capital funds. 

Sec. 1078. Establishment of technology modernization fund and board. 

Subtitle H—Other Matters 

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

Sec. 1082. Clarification of applicability of certain provisions of law to civilian judges 

of the United States Court of Military Commission Review. 

Sec. 1083. Modification of requirement relating to conversion of certain military 

technician (dual status) positions to civilian positions. 

Sec. 1084. National Guard accessibility to Department of Defense issued unmanned 

aircraft. 

Sec. 1085. Sense of Congress regarding aircraft carriers. 

Sec. 1086. Sense of Congress recognizing the United States Navy Seabees. 

Sec. 1087. Construction of memorial to the crew of the Apollo I launch test accident 

at Arlington National Cemetery. 

Sec. 1088. Department of Defense engagement with covered non-Federal entities. 

Sec. 1089. Prize competition to identify root cause of physiological episodes on 

Navy, Marine Corps, and Air Force training and operational aircraft. 

Sec. 1090. Providing assistance to House of Representatives in response to cybersecurity events. 

Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion of Rifle 

Practice and Firearms Safety. 

Sec. 1092. Collaboration between Federal Aviation Administration and Department 

of Defense on unmanned aircraft systems. 

Sec. 1093. Carriage of certain programming. 

Sec. 1094. National strategy for countering violent extremism. 

Sec. 1095. Sense of Congress regarding World War I. 

Sec. 1096. Notice to Congress of terms of Department of Defense settlement agreements. 

Sec. 1097. Office of Special Counsel reauthorization. 

Sec. 1098. Air transportation of civilian Department of Defense personnel to and 

from Afghanistan. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1537 

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 2018 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. CONSOLIDATION, CODIFICATION, AND IMPROVEMENT OF 

CERTAIN AUTHORITIES AND REQUIREMENTS IN CONNECTION WITH THE AUDIT OF THE FINANCIAL STATEMENTS 

OF THE DEPARTMENT OF DEFENSE. 

(a) ESTABLISHMENT OF NEW CHAPTER ON AUDIT.— 

(1) IN GENERAL.—Part I of subtitle A of title 10, United 

States Code, is amended by inserting after chapter 9 the following new chapter: 

‘‘CHAPTER 9A—AUDIT 

‘‘Sec. 

‘‘251. Audit of Department of Defense financial statements. 

‘‘252. Financial Improvement and Audit Remediation Plan. 

‘‘253. Audit: consolidated corrective action plan; centralized reporting system. 

‘‘254. Audits: audit of financial statements of Department of Defense components by 

independent external auditors. 

‘‘254a. Audits: use of commercial data integration and analysis products in preparing audits. 

‘‘254b. Audits: selection of service providers for audit services.’’. 

(2) CLERICAL AMENDMENTS.—The tables of chapters at the 

beginning of subtitle A of title 10, United States Code, and 

10 USC 101 note 

prec. 

10 USC 251 prec. 


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131 STAT. 1538 PUBLIC LAW 115–91—DEC. 12, 2017 

part I of such subtitle, are each amended by inserting after 

the item relating to chapter 9 the following new item: 

‘‘9A. Audit ............................................................................................................. 251’’. 

(b) REQUIREMENT FOR AUDIT OF FINANCIAL STATEMENTS.— (1) IN GENERAL.—Chapter 9A of title 10, United States 

Code, as added by subsection (a), is amended by inserting 

after the table of sections a new section 251 as follows: 

‘‘§ 251. Audit of Department of Defense financial statements 

‘‘(a) ANNUAL AUDIT REQUIRED.—The Secretary of Defense shall 

ensure that a full audit is performed on the financial statements 

of the Department of Defense for each fiscal year as required 

by section 3521(e) of title 31. 

‘‘(b) ANNUAL REPORT ON AUDIT.—The Secretary shall submit 

to Congress the results of the audit performed in accordance with 

subsection (a) for a fiscal year by not later than March 31 of 

the following fiscal year.’’. 

(2) CONFORMING REPEAL.—Section 1003 of the National 

Defense Authorization Act for Fiscal Year 2014 (Public Law 

113–66; 127 Stat. 842; 10 U.S.C. 2222 note) is repealed. 

(c) FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.— (1) IN GENERAL.—Chapter 9A of title 10, United States 

Code, as added and amended by this section, is further amended 

by inserting after section 251, as added by subsection (b), 

a new section 252 consisting of— 

(A) a heading as follows: 

‘‘§ 252. Financial Improvement and Audit Remediation Plan’’; 

and 

(B) a text consisting subsection (a) of section 1003 

of the National Defense Authorization Act for Fiscal Year 

2010 (10 U.S.C. 2222 note). 

(2) AMENDMENTS IN CONNECTION WITH CODIFICATION.—Subsection (a) of section 252 of title 10, United States Code, as 

added by paragraph (1), is amended— 

(A) in paragraph (1), by striking ‘‘develop and’’; and 

(B) in paragraph (2)(B), by striking ‘‘of title 10, United 

States Code’’ and inserting ‘‘of this title’’. 

(3) IMPROVEMENTS.—Such section 252, as added and 

amended by this subsection, is further amended— 

(A) in the subsection headings for subsection (a), by 

striking ‘‘FINANCIAL IMPROVEMENT AND AUDIT READINESS

PLAN’’ and inserting ‘‘FINANCIAL IMPROVEMENT AND AUDIT

REMEDIATION PLAN’’; 

(B) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘Financial 

Improvement and Audit Readiness Plan’’ and inserting 

‘‘Financial Improvement and Audit Remediation Plan’’; 

and 

(ii) in paragraph (2)— 

(I) in subparagraph (A)— 

(aa) by striking the matter preceding 

clause (i) and inserting the following: 

‘‘(A) describe specific actions to be taken, including 

interim milestones with a detailed description of the 

subordinate activities required, and estimate the costs associated with—’’; 

10 USC 252. 

10 USC 251. 

10 USC 101 note 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1539 

(bb) in clause (ii), by striking ‘‘are validated as ready for audit’’ and all that follows 

and inserting ‘‘go under full financial statement audit, and that the Department leadership makes every effort to reach an unmodified 

opinion as soon as possible;’’; and 

(cc) by adding at the end the following 

new clauses: 

‘‘(iii) achieving an unqualified audit opinion for 

each major element of the statement of budgetary 

resources of the Department of Defense; and 

‘‘(iv) addressing the existence and completeness 

of each major category of Department of Defense 

assets; and’’; 

(II) in subparagraph (B)— 

(aa) by inserting ‘‘business’’ before 

‘‘process and control’’; 

(bb) by striking ‘‘the business enterprise 

architecture and transition plan required by’’; 

and 

(cc) by striking the semicolon at the end 

and inserting a period; and 

(III) by striking subparagraphs (C) and (D); 

and 

(C) by inserting after subsection (a) the following new 

subsection (b): 

‘‘(b) REPORT AND BRIEFING REQUIREMENTS.— 

‘‘(1) ANNUAL REPORT.— 

‘‘(A) IN GENERAL.—Not later than June 30, 2019, and 

annually thereafter, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on the status of the implementation by the 

Department of Defense of the Financial Improvement and 

Audit Remediation Plan under subsection (a). 

‘‘(B) ELEMENTS.—Each report under subparagraph (A) 

shall include the following: 

‘‘(i) An analysis of the consolidated corrective 

action plan management summary prepared pursuant 

to section 253a of this title. 

‘‘(ii) Current Department of Defense-wide information on the status of corrective actions plans related 

to critical capabilities and material weaknesses, 

including the standard data elements recommended 

in the implementation guide for Office of Management 

and Budget Circular A–123, for the armed forces, military departments, and Defense Agencies. 

‘‘(iii) A current description of the work undertaken 

and planned to be undertaken by the Department of 

Defense, and the military departments, Defense Agencies, and other organizations and elements of the 

Department, to test and verify transaction data pertinent to obtaining an unqualified audit of their financial 

statements, including from feeder systems. 

‘‘(iv) A current projected timeline of the Department in connection with the audit of the full financial 

statements of the Department, to be submitted to Congress annually not later than six months after the 


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131 STAT. 1540 PUBLIC LAW 115–91—DEC. 12, 2017 

submittal to Congress of the budget of the President 

for a fiscal year under section 1105 of title 31, including 

the following: 

‘‘(I) The date on which the Department 

projects the beginning of an audit of the full financial statements of the Department, and the military departments, Defense Agencies, and other 

organizations and elements of the Department, for 

a fiscal year. 

‘‘(II) The date on which the Department 

projects the completions of audits of the full financial statements of the Department, and the military departments, Defense Agencies, and other 

organizations and elements of the Department, for 

a fiscal year. 

‘‘(III) The dates on which the Department estimates it will obtain an unqualified audit opinion 

on the full financial statements of the Department, 

the military departments, the Defense Agencies, 

and other organizations and elements of the 

Department for a fiscal year. 

‘‘(v) A current estimate of the anticipated annual 

costs of maintaining an unqualified audit opinion on 

the full financial statements of the Department, the 

military departments, the Defense Agencies, and other 

organizations and elements of the Department for a 

fiscal year after an unqualified audit opinion on such 

full financial statements for a fiscal year is first 

obtained. 

‘‘(vi) A certification of the results of the audit of 

the financial statements of the Department performed 

for the preceding fiscal year, and a statement summarizing, based on such results, the current condition 

of the financial statements of the Department. 

‘‘(2) SEMIANNUAL BRIEFINGS.—Not later than January 31 

and June 30 each year, the Under Secretary of Defense (Comptroller) and the comptrollers of the military departments shall 

provide a briefing to the congressional defense committees on 

the status of the corrective action plan. 

‘‘(3) CRITICAL CAPABILITIES DEFINED.—In this subsection, 

the term ‘critical capabilities’ means the critical capabilities 

described in the Department of Defense report titled ‘Financial 

Improvement and Audit Readiness (FIAR) Plan Status Report’ 

and dated May 2016.’’. 

(4) CONFORMING REPEAL.—Section 1003 of the National 

Defense Authorization Act for Fiscal Year 2010 is repealed. 

(d) CONSOLIDATED CORRECTIVE ACTION PLAN.—Chapter 9A of 

title 10, United States Code, as added and amended by this section, 

is further amended by adding after section 252, as added and 

amended by subsection (c), a new section 253 consisting of— 

(1) a heading as follows: 

‘‘§ 253. Audit: consolidated corrective action plan; centralized 

reporting system’’; and 

(2) a text as follows: 

‘‘The Under Secretary of Defense (Comptroller) shall— 

10 USC 253. 

10 USC 2222 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1541 

‘‘(1) on a bimonthly basis, prepare a consolidated corrective 

action plan management summary on the status of key corrective actions plans related to critical capabilities for the armed 

forces and for the components of the Department of Defense 

that support the armed forces; and 

‘‘(2) develop and maintain a centralized monitoring and 

reporting process that captures and maintains up-to-date 

information, including the standard data elements recommended in the implementation guide for Office of Management and Budget Circular A–123, for key corrective action 

plans and findings and recommendations Department-wide that 

pertain to critical capabilities.’’. 

(e) AUDIT OF DOD COMPONENTS BY INDEPENDENT EXTERNAL

AUDITORS.— 

(1) IN GENERAL.—Chapter 9A of title 10, United States 

Code, as added and amended by this section, is further amended 

by adding after section 253, as added and amended by subsection (d), a new section 254 consisting of— 

(A) a heading as follows: 

‘‘§ 254. Audits: audit of financial statements of Department 

of Defense components by independent external 

auditors’’; and 

(B) a text consisting of the text of section 1005 of 

the National Defense Authorization Act for Fiscal Year 

2016 (Public Law 114–92; 129 Stat. 861; 10 U.S.C. 2222 

note). 

(2) AMENDMENTS IN CONNECTION WITH CODIFICATION.—Section 254 of title 10, United States Code, as added by paragraph 

(1), is further amended— 

(A) in subsections (d)(1)(A) and (e)(3), by striking ‘‘, 

United States Code’’; and 

(B) in subsections (a) and (e)(2), by striking ‘‘, United 

States Code,’’. 

(3) IMPROVEMENTS.—Such section 254, as added and 

amended by this subsection, is further amended— 

(A) in subsection (d)(1)— 

(i) in subparagraph (A), by inserting ‘‘and the Chief 

Management Officer of the Department of Defense’’ 

before the semicolon; 

(ii) in subparagraph (B), by striking ‘‘and’’ at the 

end; 

(iii) by redesignating subparagraph (C) as subparagraph (D); and 

(iv) by inserting after subparagraph (B), the following new subparagraph (C): 

‘‘(C) the head of each component audited; and’’; and 

(B) in subsection (e)— 

(i) by striking paragraph (1); and 

(ii) by redesignating paragraphs (2) and (3) as 

paragraphs (1) and (2), respectively. 

(4) CONFORMING REPEAL.—Section 1005 of the National 

Defense Authorization Act for Fiscal Year 2016 is repealed. 

(f) USE OF COMMERCIAL DATA INTEGRATION AND ANALYSIS

PRODUCTS.— 

(1) IN GENERAL.—Chapter 9A of title 10, United States 

Code, as added and amended by this section, is further amended 

10 USC 2222 

note. 

10 USC 254. 


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131 STAT. 1542 PUBLIC LAW 115–91—DEC. 12, 2017 

by adding after section 254, as added and amended by subsection (e), a new section 254a consisting of— 

(A) a heading as follows: 

‘‘§ 254a. Audits: use of commercial data integration and analysis products in preparing audits’’; and 

(B) a text consisting of subsections (a) and (b) of section 

1003 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 130 Stat. 2380; 10 U.S.C. 

2222 note). 

(2) AMENDMENTS IN CONNECTION WITH CODIFICATION.—Section 254a of title 10, United States Code, as added by paragraph 

(1), is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘of title 10, United States Code,’’ 

and inserting ‘‘of this title’’; and 

(ii) by striking ‘‘, as soon as practicable,’’; and 

(B) in subsection (b), by striking ‘‘this deployment’’ 

and inserting ‘‘deployment of technologies and services as 

described in subsection (a)’’. 

(3) CONFORMING REPEAL.—Section 1003 of the National 

Defense Authorization Act for Fiscal Year 2017 is repealed. 

(g) SELECTION OF SERVICE PROVIDERS FOR AUDIT SERVICES.— 

(1) IN GENERAL.—Chapter 9A of title 10, United States 

Code, as added and amended by this section, is further amended 

by adding after section 254a, as added and amended by subsection (f), a new section 254b consisting of— 

(A) a heading as follows: 

‘‘§ 254b. Audits: selection of service providers for audit services’’; and 

(B) a text consisting of the text of section 892 of the 

National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2324; 10 U.S.C. 2331 note). 

(2) IMPROVEMENT.—Section 254b of title 10, United States 

Code, as added by paragraph (1), is amended by striking ‘‘and 

audit readiness services’’. 

(3) CONFORMING REPEAL.—Section 892 of the National 

Defense Authorization Act for Fiscal Year 2017 is repealed. 

(h) REPEAL OF CERTAIN REQUIREMENTS IN CONNECTION WITH

RELIABILITY OF DOD FINANCIAL STATEMENTS.—Section 1008 of the 

National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 

113 note) is amended by striking subsections (d), (e), and (f). 

SEC. 1003. IMPROPER PAYMENT MATTERS. 

Subject to the authority, direction, and control of the Secretary 

of Defense, the Under Secretary of Defense (Comptroller) shall 

take the following actions: 

(1) With regard to estimating improper payments: 

(A) Establish and implement key quality assurance 

procedures, such as reconciliations, to ensure the completeness and accuracy of sampled populations. 

(B) Revise the procedures for the sampling methodologies of the Department of Defense so that such procedures— 

(i) comply with Office of Management and Budget 

guidance and generally accepted statistical standards; 

10 USC 2222 

note. 

10 USC 2331 

note. 

10 USC 254b. 

10 USC 2222 

note. 

10 USC 254a. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1543 

(ii) produce statistically valid improper payment 

error rates, statistically valid improper payment dollar 

estimates, and appropriate confidence intervals for 

both; and 

(iii) in meeting clauses (i) and (ii), take into account 

the size and complexity of the transactions being sampled. 

(2) With regard to identifying programs susceptible to 

significant improper payments, conduct a risk assessment that 

complies with the Improper Payments Elimination and 

Recovery Act of 2010 (Public Law 111–204) and the amendments made by that Act (in this section collectively referred 

to as ‘‘IPERA’’). 

(3) With regard to reducing improper payments, establish 

procedures that produce corrective action plans that— 

(A) comply fully with IPERA and associated Office 

of Management and Budget guidance, including by holding 

individuals responsible for implementing corrective actions 

and monitoring the status of corrective actions; and 

(B) are in accordance with best practices, such as those 

recommended by the Chief Financial Officers Council, 

including by providing for— 

(i) measurement of the progress made toward 

remediating root causes of improper payments; and 

(ii) communication to the Secretary of Defense and 

the heads of departments, agencies, and organizations 

and elements of the Department of Defense, and key 

stakeholders, on the progress made toward remediating 

the root causes of improper payments. 

(4) With regard to implementing recovery audits for 

improper payments, develop and implement procedures to— 

(A) identify costs related to the recovery audits and 

recovery efforts of the Department of Defense; and 

(B) evaluate improper payment recovery efforts in 

order to ensure that they are cost effective. 

(5) Monitor the implementation of the revised chapter of 

the Financial Management Regulations on recovery audits in 

order to ensure that the Department of Defense, the military 

departments, the Defense Agencies, and the other organizations 

and elements of the Department of Defense either conduct 

recovery audits or demonstrate that it is not cost effective 

to do so. 

(6) Develop and submit to the Office of Management and 

Budget for approval a payment recapture audit plan that fully 

complies with Office of Management and Budget guidance. 

(7) With regard to reporting on improper payments, design 

and implement procedures to ensure that the annual improper 

payment and recovery audit reporting of the Department of 

Defense is complete, accurate, and complies with IPERA and 

associated Office of Management and Budget guidance. 

SEC. 1004. RANKINGS OF AUDITABILITY OF FINANCIAL STATEMENTS 

OF THE ORGANIZATIONS AND ELEMENTS OF THE 

DEPARTMENT OF DEFENSE. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall, in coordination with the 


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131 STAT. 1544 PUBLIC LAW 115–91—DEC. 12, 2017 

Under Secretary of Defense (Comptroller), submit to the congressional defense committees a report setting forth a ranking of the 

auditability of the financial statements of the departments, agencies, organizations, and elements of the Department of Defense 

according to the progress made toward achieving auditability as 

required by law. The Under Secretary shall determine the criteria 

to be used for purposes of the rankings. 

SEC. 1005. FINANCIAL OPERATIONS DASHBOARD FOR THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Under Secretary of Defense (Comptroller) 

shall develop and maintain on an Internet website available to 

Department of Defense agencies a tool (commonly referred to as 

a ‘‘dashboard)’’ to permit officials to track key indicators of the 

financial performance of the Department of Defense. Such key 

indicators may include outstanding accounts payable, abnormal 

accounts payable, outstanding advances, unmatched disbursements, 

abnormal undelivered orders, negative unliquidated obligations, violations of sections 1341 and 1517(a) of title 31, United States 

Code (commonly referred to as the ‘‘Anti-Deficiency Act’’), costs 

deriving from payment delays, interest penalty payments, and 

improper payments, and actual savings realized through interest 

payments made, discounts for timely or advanced payments, and 

other financial management and improvement initiatives. 

(b) INFORMATION COVERED.—The tool shall cover financial 

performance information for the military departments, the defense 

agencies, and any other organizations or elements of the Department of Defense. 

(c) TRACKING OF PERFORMANCE OVER TIME.—The tool shall 

permit the tracking of financial performance over time, including 

by month, quarter, and year, and permit users of the tool to export 

both current and historical data on financial performance. 

(d) UPDATES.—The information covered by the tool shall be 

updated not less frequently than quarterly. 

SEC. 1006. REVIEW AND RECOMMENDATIONS ON EFFORTS TO OBTAIN 

AUDIT OPINION ON FULL FINANCIAL STATEMENTS. 

(a) IN GENERAL.—The Secretary of Defense may establish 

within the Department of Defense a team of distinguished, private 

sector experts with experience conducting financial audits of large 

public or private sector organizations to review and make recommendations to improve the efforts of the Department to obtain 

an audit opinion on its full financial statements. 

(b) SCOPE OF ACTIVITIES.—A team established pursuant to subsection (a) shall— 

(1) identify impediments to the progress of the Department 

in obtaining an audit opinion on its full financial statements, 

including an identification of the organizations or elements 

that are lagging in their efforts toward obtaining such audit 

opinion; 

(2) estimate when an audit opinion on the full financial 

statements of the Department will be obtained; and 

(3) consider mechanisms and incentives to support efficient 

achievement by the Department of its audit goals, including 

organizational mechanisms to transfer direction and management control of audit activities from subordinate organizations 

to the Office of the Secretary of Defense, individual personnel 

10 USC 251 note. 

10 USC 2222 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1545 

incentives, workforce improvements (including in senior leadership positions), business process, technology, and systems 

improvements (including the use of data analytics), and metrics 

by which the Secretary and Congress may measure and assess 

progress toward achievement of the audit goals of the Department. 

(c) REPORTS.— (1) REPORT ON ESTABLISHMENT OF TEAM.—If the Secretary 

takes action pursuant to subsection (a), the Secretary shall, 

not later than September 30, 2019, submit to the congressional 

defense committees a report on the team established pursuant 

to that subsection, including a description of the actions taken 

and to be taken by the team pursuant to subsection (b). 

(2) REPORT ON DETERMINATION NOT TO ESTABLISH TEAM.— If as of June 1, 2019, the Secretary has determined not to 

establish a team authorized by subsection (a), the Secretary 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives on that date a report on 

the determination, including an explanation and justification 

for the determination. 

SEC. 1007. NOTIFICATION REQUIREMENT FOR CERTAIN CONTRACTS 

FOR AUDIT SERVICES. 

(a) NOTIFICATION TO CONGRESS.—If the Under Secretary of 

Defense (Comptroller) makes a written finding that a delay in 

performance of a covered contract while a protest is pending would 

hinder the annual preparation of audited financial statements for 

the Department of Defense, and the head of the procuring activity 

responsible for the award of the covered contract does not authorize 

the award of the contract (pursuant to section 3553(c)(2) of title 

31, United States Code) or the performance of the contract (pursuant to section 3553(d)(3)(C) of such title), the Secretary of Defense 

shall— 

(1) notify the congressional defense committees within 10 

days after such finding is made; and 

(2) describe any steps the Department of Defense plans 

to take to mitigate any hindrance identified in such finding 

to the annual preparation of audited financial statements for 

the Department. 

(b) COVERED CONTRACT DEFINED.—In this section, the term 

‘‘covered contract’’ means a contract for services to perform an 

audit to comply with the requirements of section 3515 of title 

31, United States Code. 

Subtitle B—Counterdrug Activities 

SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED 

COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042), as most recently amended by section 1013 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2385), is further amended— 

(1) in subsection (a)(1), by striking ‘‘2019’’ and inserting 

‘‘2022’’; and 

10 USC 254b 

note. 


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131 STAT. 1546 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) in subsection (c), by striking ‘‘2019’’ and inserting 

‘‘2022’’. 

SEC. 1012. VENUE FOR PROSECUTION OF MARITIME DRUG TRAFFICKING. 

(a) IN GENERAL.—Section 70504(b) of title 46, United States 

Code, is amended to read as follows: 

‘‘(b) VENUE.—A person violating section 70503 or 70508— 

‘‘(1) shall be tried in the district in which such offense 

was committed; or 

‘‘(2) if the offense was begun or committed upon the high 

seas, or elsewhere outside the jurisdiction of any particular 

State or district, may be tried in any district.’’. 

(b) CONFORMING AMENDMENT.—Section 1009(d) of the Controlled Substances Import and Export Act (21 U.S.C. 959(d)) is 

amended— 

(1) in the subsection title, by striking ‘‘; VENUE’’; and 

(2) by striking ‘‘Any person who violates this section shall 

be tried in the United States district court at the point of 

entry where such person enters the United States, or in the 

United States District Court for the District of Columbia.’’. 

Subtitle C—Naval Vessels and Shipyards 

SEC. 1021. NATIONAL DEFENSE SEALIFT FUND. 

(a) FUND PURPOSES; DEPOSITS.—Section 2218 of title 10, United 

States Code, is amended— 

(1) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking subparagraph (D); and 

(ii) by redesignating subparagraph (E) as subparagraph (D); 

(B) in paragraph (3), by striking ‘‘or (D)’’; and 

(2) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (B), by inserting ‘‘and’’ after 

the semicolon; 

(ii) in subparagraph (C), by striking ‘‘; and’’ and 

inserting a period; and 

(iii) by striking subparagraph (D); and 

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

(4): 

‘‘(4) Any other funds made available to the Department 

of Defense to carry out any of the purposes described in subsection (c).’’. 

(b) AUTHORITY TO PURCHASE USED VESSELS.—Subsection (f) 

of such section is amended by adding at the end the following 

new paragraph: 

‘‘(3)(A) Notwithstanding the limitations under subsection 

(c)(1)(E) and paragraph (1), the Secretary of Defense may, as part 

of a program to recapitalize the Ready Reserve Force component 

of the national defense reserve fleet and the Military Sealift Command surge fleet, purchase any used vessel, regardless of where 

such vessel was constructed if such vessel— 

‘‘(i) participated in the Maritime Security Fleet; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1547 

‘‘(ii) is available for purchase at a reasonable cost, as determined by the Secretary. 

‘‘(B) If the Secretary determines that no used vessel meeting 

the requirements under clauses (i) and (ii) of subparagraph (A) 

is available, the Secretary may purchase a used vessel comparable 

to a vessel described in clause (i) of subparagraph (A), regardless 

of the source of the vessel or where the vessel was constructed, 

if such vessel is available for purchase at a reasonable cost, as 

determined by the Secretary. 

‘‘(C) The Secretary may not use the authority under this paragraph to purchase more than two foreign constructed ships. 

‘‘(D) The Secretary shall ensure that the initial conversion, 

or modernization of any vessel purchased under the authority of 

subparagraph (A) occurs in a shipyard located in the United States. 

‘‘(E) Not later than 30 days after the purchase of any vessel 

using the authority under this paragraph, the Secretary, in consultation with the Maritime Administrator, shall submit to the 

congressional defense committees a report that contains each of 

the following with respect to such purchase: 

‘‘(i) The date of the purchase. 

‘‘(ii) The price at which the vessel was purchased. 

‘‘(iii) The anticipated cost of modernization of the vessel. 

‘‘(iv) The proposed military utility of the vessel. 

‘‘(v) The proposed date on which the vessel will be available 

for use by the Ready Reserve. 

‘‘(vi) The contracting office responsible for the completion 

of the purchase. 

‘‘(vii) Certification that— 

‘‘(I) there was no vessel available for purchase at a 

reasonable price that was constructed in the United States; 

and 

‘‘(II) the used vessel purchased supports the recapitalization of the Ready Reserve Force component of the 

National Defense Reserve Fleet or the Military Sealift Command surge fleet.’’. 

(c) DEFINITION OF MARITIME SECURITY FLEET.—Subsection (k) 

of such section is amended by adding at the end the following 

new paragraph: 

‘‘(5) The term ‘Maritime Security Fleet’ means the fleet 

established under section 53102(a) of title 46.’’. 

(d) BUDGETING FOR CONSTRUCTION OF NAVAL VESSELS.—Section 

231 of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘year—’’ and inserting ‘‘year each of 

the following:’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘a plan’’ and inserting ‘‘A plan’’; 

(ii) by striking ‘‘combatant and support vessels 

for the Navy’’ and inserting ‘‘naval vessels’’; 

(iii) by striking the semicolon and inserting ‘‘for 

each of the following classes of ships:’’; and 

(iv) by adding at the end the following new subparagraphs: 

‘‘(A) Combatant and support vessels. 

‘‘(B) Auxiliary vessels.’’; and 

(C) in paragraph (2), by striking ‘‘a certification’’ and 

inserting ‘‘A certification’’; 


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131 STAT. 1548 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) in subsection (b)(2)— 

(A) by redesignating subparagraphs (B) through (D) 

as subparagraphs (C) through (E), respectively; 

(B) by inserting after subparagraph (A) the following 

new subparagraph (B): 

‘‘(B) A detailed program for the construction of auxiliary 

vessels for the Navy over the next 30 fiscal years.’’; and 

(C) in subparagraph (E), as redesignated by subparagraph (A), by striking ‘‘subparagraph (C)’’ and inserting 

‘‘subparagraph (D)’’; and 

(3) in subsection (f), by adding at the end the following 

new paragraph: 

‘‘(5) The term ‘auxiliary vessel’ means any ship designed 

to operate in the open ocean in a variety of sea states to 

provide general support to either combatant forces or shore 

based establishments.’’. 

SEC. 1022. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR 

MULTIYEAR PROCUREMENT OF CERTAIN CRITICAL 

COMPONENTS. 

(a) IN GENERAL.—Subsection (i) of section 2218a of title 10, 

United States Code, is amended— 

(1) by striking ‘‘the common missile compartment’’ each 

place it appears and inserting ‘‘critical components’’; and 

(2) in paragraph (1), by striking ‘‘critical parts, components, 

systems, and subsystems’’ and inserting ‘‘critical components’’. 

(b) DEFINITION OF CRITICAL COMPONENT.—Subsection (k) of 

such section is amended by adding at the end the following new 

paragraph: 

‘‘(3) The term ‘critical component’ means any of the following: 

‘‘(A) A common missile compartment component. 

‘‘(B) A spherical air flask. 

‘‘(C) An air induction diesel exhaust valve. 

‘‘(D) An auxiliary seawater valve. 

‘‘(E) A hovering valve. 

‘‘(F) A missile compensation valve. 

‘‘(G) A main seawater valve. 

‘‘(H) A launch tube. 

‘‘(I) A trash disposal unit. 

‘‘(J) A logistics escape trunk. 

‘‘(K) A torpedo tube. 

‘‘(L) A weapons shipping cradle weldment. 

‘‘(M) A control surface. 

‘‘(N) A launcher component. 

‘‘(O) A propulsor.’’. 

(c) CLERICAL AMENDMENT.—The subsection heading for subsection (i) of such section is amended by striking ‘‘OF THE COMMON

MISSILE COMPARTMENT’’. 

SEC. 1023. OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS 

ON EXTENDED DEPLOYMENT. 

Section 7310(a) of title 10, United States Code, is amended— 

(1) by inserting ‘‘UNDER JURISDICTION OF THE SECRETARY

OF THE NAVY’’ in the subsection heading after ‘‘VESSELS’’; 

(2) by striking ‘‘A naval vessel (or any other vessel under 

the jurisdiction of the Secretary of the Navy)’’ and inserting 

‘‘(1) A naval vessel’’; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1549 

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

‘‘(2)(A) Notwithstanding paragraph (1) and subject to subparagraph (B), in the case of a naval vessel classified as a Littoral 

Combat Ship and operating on deployment, corrective and preventive maintenance or repair (whether intermediate or depot level) 

and facilities maintenance may be performed on the vessel— 

‘‘(i) in a foreign shipyard; 

‘‘(ii) at a facility outside of a foreign shipyard; or 

‘‘(iii) at any other facility convenient to the vessel. 

‘‘(B)(i) Corrective and preventive maintenance or repair may 

be performed on a vessel as described in subparagraph (A) if the 

work is performed by United States Government personnel or 

United States contractor personnel. 

‘‘(ii) Facilities maintenance may be performed by a foreign 

contractor on a vessel as described in subparagraph (A) only as 

approved by the Secretary of the Navy. 

‘‘(C) In this paragraph: 

‘‘(i) The term ‘corrective and preventive maintenance or 

repair’ means— 

‘‘(I) maintenance or repair actions performed as a result 

of a failure in order to return or restore equipment to 

acceptable performance levels; and 

‘‘(II) scheduled maintenance or repair actions to prevent or discover functional failures. 

‘‘(ii) The term ‘facilities maintenance’ means preservation 

or corrosion control efforts and cleaning services. 

‘‘(D) This paragraph shall expire on September 30, 2020.’’. 

SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF TICONDEROGA-CLASS CRUISERS OR DOCK 

LANDING SHIPS. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for the Department of Defense for 

fiscal year 2018 may be obligated or expended— 

(1) to retire, prepare to retire, or inactivate a cruiser or 

dock landing ship; or 

(2) to place more than six cruisers and one dock landing 

ship in the modernization program under section 1026(a)(2) 

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 

113–291; 128 Stat. 3490). 

SEC. 1025. POLICY OF THE UNITED STATES ON MINIMUM NUMBER 

OF BATTLE FORCE SHIPS. 

(a) POLICY.—It shall be the policy of the United States to 

have available, as soon as practicable, not fewer than 355 battle 

force ships, comprised of the optimal mix of platforms, with funding 

subject to the availability of appropriations or other funds. 

(b) BATTLE FORCE SHIPS DEFINED.—In this section, the term 

‘‘battle force ship’’ has the meaning given the term in Secretary 

of the Navy Instruction 5030.8C. 

SEC. 1026. SURVEYING SHIPS. 

(a) SURVEYING SHIP REQUIREMENT.—Not later than 120 days 

after the date of the enactment of this Act, the Chief of Naval 

Operations shall submit to the congressional defense committees 

a report setting forth a force structure assessment that establishes 

a surveying ship requirement. The Chief of Naval Operations shall 

10 USC 7291 

note. 


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131 STAT. 1550 PUBLIC LAW 115–91—DEC. 12, 2017 

conduct the assessment for purposes of the report, and may limit 

the assessment to surveying ships. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘surveying ship’’ has the meaning given the 

term in Secretary of the Navy Instruction 5030.8C. 

(2) The term ‘‘force structure assessment’’ has the meaning 

given the term in Chief of Naval Operations Instruction 

3050.27. 

Subtitle D—Counterterrorism 

SEC. 1031. MODIFICATION OF AUTHORITY ON SUPPORT OF SPECIAL 

OPERATIONS TO COMBAT TERRORISM. 

(a) OVERSIGHT OF SUPPORT.—Section 127e of title 10, United 

States Code, is amended— 

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) OVERSIGHT BY ASD FOR SOLIC.—The Assistant Secretary 

of Defense for Special Operations and Low-Intensity Conflict shall 

have primary responsibility within the Office of the Secretary of 

Defense for oversight of policies and programs for support authorized by this section.’’. 

(b) REPORT SUBMITTAL MATTERS.—Subsection (h) of such section, as redesignated by subsection (a)(1) of this section, is 

amended— 

(1) in paragraph (1), by striking ‘‘March 1 each year’’ and 

inserting ‘‘120 days after the last day of each fiscal year’’; 

and 

(2) in paragraph (2)— 

(A) by striking ‘‘September 1 each year’’ and inserting 

‘‘six months after the date of the submittal of the report 

most recently submitted under paragraph (1)’’; and 

(B) by inserting ‘‘under this paragraph’’ after ‘‘in which 

the report’’. 

SEC. 1032. TERMINATION OF REQUIREMENT TO SUBMIT ANNUAL 

BUDGET JUSTIFICATION DISPLAY FOR DEPARTMENT OF 

DEFENSE COMBATING TERRORISM PROGRAM. 

Section 229 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(e) TERMINATION.—The requirement to submit a budget justification display under this section shall terminate on December 

31, 2020.’’. 

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, 2018, to transfer, release, or assist in 

the transfer or release to or within the United States, its territories, 

or possessions of Khalid Sheikh Mohammed or any other detainee 

who— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1551 

(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, 2018, 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, 2018, to transfer, release, or assist in 

the transfer or release of any individual detained in the custody 

or under the control of the Department of Defense at United States 

Naval 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. 

SEC. 1036. PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH 

CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

None of the funds authorized to be appropriated or otherwise 

made available for the Department of Defense for fiscal year 2018 

may be used— 

(1) to close or abandon United States Naval Station, 

Guantanamo Bay, Cuba; 

(2) to relinquish control of Guantanamo Bay to the Republic 

of Cuba; or 

(3) to implement a material modification to the Treaty 

Between the United States of America and Cuba signed at 

Washington, D.C. on May 29, 1934, that constructively closes 

United States Naval Station, Guantanamo Bay. 


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131 STAT. 1552 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1037. SENSE OF CONGRESS REGARDING PROVIDING FOR TIMELY 

VICTIM AND FAMILY TESTIMONY IN MILITARY COMMISSION TRIALS. 

It is the sense of Congress that in the interests of justice, 

efficiency, and providing closure to victims of terrorism and their 

families, military judges overseeing military commissions in United 

States Naval Station, Guantanamo Bay, Cuba, should consider 

making arrangements to take recorded testimony from victims and 

their families should they wish to provide testimony before such 

a commission. 

SEC. 1038. REPORT ON PUBLIC AVAILABILITY OF MILITARY COMMISSIONS PROCEEDINGS. 

(a) GAO STUDY.—The Comptroller General of the United States 

shall conduct a study on the feasibility and advisability of expanding 

the public availability of military commissions proceedings that 

are made open to the public. 

(b) REPORT TO CONGRESS.— 

(1) INTERIM REPORT.—Not later than April 1, 2018, the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and of the House of Representatives 

a report containing the interim findings of the Comptroller 

General pursuant to the study required by subsection (a). 

(2) FINAL REPORT.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General shall 

submit to the Committees on Armed Services of the Senate 

and of the House of Representatives a final report on the 

findings and recommendations of the Comptroller General 

pursuant to such study. 

(3) FORM OF REPORTS.—The reports required by this subsection shall be submitted in unclassified form, but may contain 

a classified annex. 

Subtitle E—Miscellaneous Authorities and 

Limitations 

SEC. 1041. LIMITATION ON EXPENDITURE OF FUNDS FOR EMERGENCY 

AND EXTRAORDINARY EXPENSES FOR INTELLIGENCE 

AND COUNTER-INTELLIGENCE ACTIVITIES. 

(a) LIMITATION.—Subsection (c) of section 127 of title 10, United 

States Code, is amended by adding at the end the following new 

paragraph: 

‘‘(4)(A) Notwithstanding paragraph (1), funds may not be obligated or expended in an amount in excess of $100,000 under the 

authority of subsection (a) or (b) for intelligence or counter-intelligence activities until the Secretary of Defense has notified the 

congressional defense committees and the congressional intelligence 

committees of the intent to obligate or expend the funds and 15 

days have elapsed since the date of the notification. 

‘‘(B) The Secretary of Defense may waive subparagraph (A) 

if the Secretary determines that such a waiver is necessary due 

to extraordinary circumstances that affect the national security 

of the United States. If the Secretary issues a waiver under this 

subparagraph, the Secretary shall submit to the congressional 

defense and congressional intelligence committees, by not later 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1553 

than 48 hours after issuing the waiver, written notice of and justification for the waiver.’’. 

(b) ANNUAL REPORT.—Subsection (d) of such section is 

amended— 

(1) by striking ‘‘Not later’’ and inserting ‘‘(1) Not later’’; 

(2) by striking ‘‘to the congressional defense committees’’ 

and all that follows through the period at the end and inserting 

an em dash; and 

(3) by adding at the end the following: 

‘‘(A) to the congressional defense committees a report on 

all expenditures during the preceding fiscal year under subsections (a) and (b); and 

‘‘(B) to the congressional intelligence committees a report 

on expenditures relating to intelligence and counter-intelligence 

during the preceding fiscal year under subsections (a) and 

(b). 

‘‘(2) Each report required to be submitted under paragraph 

(1) shall include a detailed explanation, by category of activity 

and approving authority (the Secretary of Defense, the Inspector 

General of the Department of Defense, and the Secretary of a 

military department), of the expenditures during the preceding 

fiscal year.’’. 

(c) DEFINITION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(e) DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES.—In this section, the term ‘congressional intelligence committees’ means the Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on Intelligence of the Senate.’’. 

(d) REPORT ON INTELLIGENCE AND COUNTER-INTELLIGENCE

FUNDING AUTHORITIES.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense and intelligence committees a report 

describing current and, if necessary, any required, funding authorities to sustain recurring expenses for intelligence and counterintelligence activities in lieu of section 127 of title 10, United 

States Code. Such report shall include a description of the potential 

benefits and negative consequences of the codification of a distinct 

authority for such purposes. 

SEC. 1042. MATTERS RELATING TO THE SUBMITTAL OF FUTURE-YEARS 

DEFENSE PROGRAMS. 

(a) TIMING OF SUBMITTAL TO CONGRESS.—Subsection (a) of section 221 of title 10, United States Code, is amended by striking 

‘‘at or about the time that’’ and inserting ‘‘not later than five 

days after the date on which’’. 

(b) MANNER AND FORM OF SUBMITTAL.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(d)(1) The Secretary of Defense shall make available to Congress, the Congressional Budget Office, the Comptroller General 

of the United States, and the Congressional Research Service each 

future-years defense program under this section as follows: 

‘‘(A) By making such program available electronically in 

the form of an unclassified electronic database. 

‘‘(B) By delivering printed copies of such program to the 

congressional defense committees. 


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131 STAT. 1554 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(2) In the event inclusion of classified material in a futureyears defense program would otherwise render the totality of the 

program classified for purposes of this subsection— 

‘‘(A) such program shall be made available to Congress 

in unclassified form, with such material attached as a classified 

annex; and 

‘‘(B) such annex shall be submitted to the congressional 

defense committees, the Congressional Budget Office, the 

Comptroller General of the United States, and the Congressional Research Service.’’. 

(c) ACCURACY OF INFORMATION.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(e) Each future-years defense program under this subsection 

shall be accompanied by a certification by the Under Secretary 

of Defense (Comptroller), in the case of the Department of Defense, 

and the comptroller of each military department, in the case of 

such military department, that any information entered into the 

Standard Data Collection System of the Department of Defense, 

the Comptroller Information System, or any other data system, 

as applicable, for purposes of assembling such future-years defense 

program was accurate.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply to future-years defense programs submitted at the time 

of budgets of the President for fiscal years beginning after fiscal 

year 2018. 

(e) DOD 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 the amendments made by this section in the submittal of future-years defense programs in calendar years after 

calendar year 2017. 

SEC. 1043. MODIFICATIONS TO HUMANITARIAN DEMINING ASSISTANCE 

AUTHORITIES. 

(a) MODIFICATION TO THE ROLE OF ARMED FORCES IN PROVIDING

HUMANITARIAN DEMINING ASSISTANCE.—Subsection (a)(3) of section 

407 of title 10, United States Code, is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘or stockpiled conventional munitions assistance’’; and 

(2) in subparagraph (A)— 

(A) by inserting ‘‘, unexploded explosive ordnance,’’ 

after ‘‘landmines’’; and 

(B) by striking ‘‘, or stockpiled conventional munitions, 

as applicable’’. 

(b) MODIFICATION TO DEFINITION OF HUMANITARIAN DEMINING

ASSISTANCE.—Subsection (e)(1) of such section is amended— 

(1) by inserting ‘‘, unexploded explosive ordnance,’’ after 

‘‘landmines’’ in each place it appears; and 

(2) by striking ‘‘, and the disposal’’ and all that follows 

and inserting a period. 

(c) MODIFICATION TO DEFINITION OF STOCKPILED CONVENTIONAL

MUNITIONS ASSISTANCE.—Subsection (e)(2) of such section is 

amended, in the second sentence, by striking ‘‘, the detection and 

clearance of landmines and other explosive remnants of war,’’. 

10 USC 221 note. 

10 USC 221 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1555 

SEC. 1044. PROHIBITION ON CHARGE OF CERTAIN TARIFFS ON AIRCRAFT TRAVELING THROUGH CHANNEL ROUTES. 

(a) IN GENERAL.—Chapter 157 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2652. Prohibition on charge of certain tariffs on aircraft 

traveling through channel routes 

‘‘The United States Transportation Command may not charge 

a tariff by reason of the use by a military service of an aircraft 

of that military service on a route designated by the United States 

Transportation Command as a channel route.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2652. Prohibition on charge of certain tariffs on aircraft traveling through channel 

routes.’’. 

SEC. 1045. PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT 

TO THE DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES 

OF THE DEPARTMENT FOLLOWING SEPARATION FROM 

MILITARY SERVICE OR EMPLOYMENT WITH THE DEPARTMENT. 

(a) TWO-YEAR PROHIBITION.— 

(1) PROHIBITION.—An individual described in paragraph 

(2) may not engage in lobbying activities with respect to the 

Department of Defense during the two-year period beginning 

on the date of retirement or separation from service in the 

Armed Forces or the date of retirement or separation from 

service with the Department, as applicable. 

(2) COVERED INDIVIDUALS.—An individual described in this 

paragraph is the following: 

(A) An officer of the Armed Forces in grade O–9 or 

higher at the time of retirement or separation from the 

Armed Forces. 

(B) A civilian employee of the Department of Defense 

who had a civilian grade equivalent to a military grade 

specified in subparagraph (A) at the time of the employee’s 

retirement or separation from service with the Department. 

(b) ONE-YEAR PROHIBITION.— 

(1) PROHIBITION.—An individual described in paragraph 

(2) may not engage in lobbying activities with respect to the 

Department of Defense during the one-year period beginning 

on the date of retirement or separation from service in the 

Armed Forces or the date of retirement or separation from 

service with the Department, as applicable. 

(2) COVERED INDIVIDUALS.—An individual described in this 

paragraph is the following: 

(A) An officer of the Armed Forces in grade O–7 or 

O–8 at the time of retirement or separation from the Armed 

Forces. 

(B) A civilian employee of the Department of Defense 

who had a civilian grade equivalent to a military grade 

specified in subparagraph (A) at the time of the employee’s 

retirement or separation from service with the Department. 

(c) DEFINITIONS.—In this section: 

10 USC 971 note 

prec. 

10 USC 2631 

prec. 

10 USC 2652. 


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131 STAT. 1556 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) The term ‘‘lobbying activities with respect to the Department of Defense’’ means the following: 

(A) Lobbying contacts and other lobbying activities 

with covered executive branch officials with respect to the 

Department of Defense. 

(B) Lobbying contacts with covered executive branch 

officials described in subparagraphs (C) through (F) of section 3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 

1602(3)) in the Department of Defense. 

(2) The terms ‘‘lobbying activities’’ and ‘‘lobbying contacts’’ 

have the meaning given such terms in section 3 of the Lobbying 

Disclosure Act of 1995 (2 U.S.C. 1602). 

(3) The term ‘‘covered executive branch official’’ has the 

meaning given that term in section 3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(3)). 

SEC. 1046. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF 

LEGACY MARITIME MINE COUNTERMEASURES PLATFORMS. 

(a) PROHIBITION.—Except as provided in subsection (b), the 

Secretary of the Navy may not obligate or expend funds to— 

(1) retire, prepare to retire, transfer, or place in storage 

any AVENGER-class mine countermeasures ship or associated 

equipment; 

(2) retire, prepare to retire, transfer, or place in storage 

any SEA DRAGON (MH–53) helicopter or associated equipment; 

(3) make any reductions to manning levels with respect 

to any AVENGER-class mine countermeasures ship; or 

(4) make any reductions to manning levels with respect 

to any SEA DRAGON helicopter squadron or detachment. 

(b) WAIVER.—The Secretary of the Navy may waive the prohibition under subsection (a)— 

(1) with respect to an AVENGER-class ship or a SEA 

DRAGON helicopter, if the Secretary certifies to the congressional defense committees that the Secretary has— 

(A) identified a replacement capability and the necessary quantity of such systems to meet all combatant 

commander mine countermeasures operational requirements that are currently being met by the ship or helicopter 

to be retired, transferred, or placed in storage; 

(B) achieved initial operational capability of all systems 

described in subparagraph (A); and 

(C) deployed a sufficient quantity of systems described 

in subparagraph (A) that have achieved initial operational 

capability to continue to meet or exceed all combatant 

commander mine countermeasures operational requirements currently being met by the ship or helicopter to 

be retired, transferred, or placed in storage; or 

(2) with respect to a SEA DRAGON helicopter, if the Secretary certifies to such committees that the Secretary has determined, on a case-by-case basis, that such a helicopter is nonoperational because of a mishap or other damage or because 

it is uneconomical to repair. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1557 

SEC. 1047. REPORT ON WESTERN PACIFIC OCEAN SHIP DEPOT MAINTENANCE CAPABILITY AND CAPACITY. 

(a) LIMITATION OF USE OF FUNDS.—Not more than 75 percent 

of the amount authorized to be appropriated by this Act for Secretary of the Navy for emergency and extraordinary expenses may 

be obligated or expended before the date on which the report 

required by subsection (b) is submitted to the congressional defense 

committees. 

(b) REPORT REQUIRED.— 

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

to the congressional defense committees a report on the ship 

depot maintenance capability and capacity required for Navy 

ships operating in the western Pacific Ocean. The report shall 

include each of the following: 

(A) An analysis of the requirements relating to Navy 

ship depot maintenance during peacetime and in response 

to the most likely, stressing, and dangerous contingency 

scenarios. 

(B) A description of the extent to which the existing 

Navy ship depot capacity can meet the requirements 

described in subparagraph (A). 

(C) A description of any specific shortfalls in such 

capability or capacity with respect to meeting such requirements. 

(D) An analysis of options to address any shortfalls 

described in subparagraph (C). 

(2) FORM OF REPORT.—The report required under this subsection shall be submitted in unclassified form, but may contain 

a classified annex. 

(c) CERTIFICATION REQUIRED.—Not later than 90 days after 

the submittal of the report required by subsection (b), the Secretary 

of Defense shall submit to the congressional defense committees 

a certification— 

(1) that the current ship depot maintenance capability and 

capacity, including drydocks, in the western Pacific Ocean are 

sufficient to meet peacetime and contingency requirements; 

or 

(2) certification that such capability and capacity are not 

sufficient and a description of the options being pursued to 

address areas of insufficiency. 

(d) BUSINESS CASE ANALYSIS REQUIRED.— 

(1) IN GENERAL.—Not later than September 30, 2018, the 

Secretary of the Navy shall submit to the congressional defense 

committees a business case analysis of the options described 

in paragraph (2) that includes the analysis described in paragraph (3). 

(2) OPTIONS TO BE INCLUDED.—The business case analysis 

required by paragraph (1) shall cover options that could 

increase the Navy depot-level ship repair capacity and capabilities in the western Pacific Ocean, including the following four 

courses of action: 

(A) Enhancing current maintenance capability and 

capacity by repairing Lima Wharf, United States Naval 

Base, Guam. 

(B) Adding drydock capability and capacity with associated facilities for conventionally-powered ships. 


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131 STAT. 1558 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) Adding drydock capability and capacity with associated facilities for nuclear-powered submarines. 

(D) Maintaining the status quo with respect to the 

ship repair capabilities and capacity in the western Pacific 

Ocean. 

(3) ANALYSIS OF OPTIONS.—For each course of action listed 

in paragraph (2), the Secretary shall include an analysis of 

the following: 

(A) Any additional maintenance actions that would 

be possible with respect to the course of action and estimated use during peacetime and during the most likely, 

stressing and dangerous contingency operations. 

(B) Any additional infrastructure, including facilities 

and equipment, that would be necessary to carry out the 

course of action. 

(C) The military, civilian, and contractor personnel 

requirements to reach full operational capability with 

respect to the course of action, including personnel to be 

assigned on both a temporary and permanent basis. 

(D) A description of how the course of action would 

improve materiel readiness and operational availability of 

ships operating in the Pacific. 

(E) The estimated cost and schedule to implement the 

course of action, including detailed estimates for major 

cost elements. 

(F) In the case of a course of action described in 

subparagraph (B) or (C) of paragraph (2), an evaluation 

of acquisition strategies (including procurement, leasing, 

public-private partnerships, and enhanced use leases) and 

an identification of the desired ship tonnage each drydock 

would be able to accommodate. 

SEC. 1048. ANNUAL TRAINING REGARDING THE INFLUENCE CAMPAIGN 

OF THE RUSSIAN FEDERATION. 

In addition to any currently mandated training, the Secretary 

of Defense may furnish annual training to all members of the 

Armed Forces and all civilian employees of the Department of 

Defense, regarding attempts by the Russian Federation and its 

proxies and agents to influence and recruit members of the Armed 

Forces as part of its influence campaign. 

SEC. 1049. 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 to read 

as follows: 

‘‘(b) NUMERICAL LIMITATIONS FOR NONIMMIGRANT WORKERS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) NONIMMIGRANT WORKERS GENERALLY.—An alien, 

if otherwise qualified, may seek admission to Guam or 

to the Commonwealth during the transition program as 

a nonimmigrant worker under section 101(a)(15)(H) of the 

Immigration and Nationality Act (8 USC 1101(a)(15)(H)) 

without counting against the numerical limitations set 

forth in section 214(g) of such Act (8 USC 1184(g)). 

10 USC 2001 

note prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1559 

‘‘(B) H-2B WORKERS.—In the case of such an alien 

who seeks admission under section 101(a)(15)(H)(ii)(b) of 

such Act, such alien, if otherwise qualified, may, before 

October 1, 2023, be admitted under such section for a 

period of up to 3 years to perform service or labor on 

Guam or 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 

the Commonwealth, notwithstanding the requirement of 

such section that the service or labor be temporary. 

‘‘(2) LIMITATIONS.— 

‘‘(A) NUMERICAL LIMITATION.—For any fiscal year, not 

more 4,000 aliens may be admitted to Guam and the 

Commonwealth pursuant to paragraph (1)(B). 

‘‘(B) LOCATION.—Paragraph (1)(B) does not apply with 

respect to the performance of services or labor at a location 

other than Guam or the Commonwealth.’’. 

(b) CERTIFICATION REQUIRED.—Upon conclusion of all required 

agreements between the Secretary of Defense and the heads of 

relevant Federal agencies, the Commonwealth of the Northern Mariana Islands (including the Commonwealth Port Authority), and 

local agencies to support the required construction and operation 

of the divert activities and exercises program of the Air Force 

in the Commonwealth of the Northern Mariana Islands and the 

Commonwealth of the Northern Mariana Islands joint military 

training program of the Marine Corps, the Secretary shall submit 

to the congressional defense committees certification of such conclusion and a report describing such agreements. 

(c) EFFECTIVE DATES.—The amendment made by subsection 

(a) shall take effect on the date of the enactment of this Act 

and shall apply as follows: 

(1) In the case of services or labor to be performed on 

Guam, such amendment shall apply beginning on the date 

that is 120 days after the date of the enactment of this Act. 

(2) In the case of services or labor to be performed on 

the Common Wealth of the Northern Mariana Islands, such 

amendment shall apply beginning on the later of— 

(A) the date that is 120 days after the date of the 

submittal of the certification and report required under 

subsection (b); or 

(B) the date on which the transition program ends 

under section 6(a)(2) 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(a)(2)). 

48 USC 1806 

note. 


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131 STAT. 1560 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle F—Studies and Reports 

SEC. 1051. ELIMINATION OF REPORTING REQUIREMENTS TERMINATED 

AFTER NOVEMBER 25, 2017, PURSUANT TO SECTION 1080 

OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR 

FISCAL YEAR 2016. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) SECTION 113 REPORTS.— 

(A) RESERVE FORCES POLICY BOARD REPORT.—Section 

113(c) is amended— 

(i) by striking paragraph (2); 

(ii) by striking ‘‘(1)’’ after ‘‘(c)’’; and 

(iii) by redesignating subparagraphs (A), (B), and 

(C) as paragraphs (1), (2), and (3), respectively. 

(B) TOTAL FORCE MANAGEMENT REPORT.—Section 113 

is amended by striking subsection (l). 

(2) DIVERSITY IN MILITARY LEADERSHIP REPORT.—Section 

115a(g) is amended by striking ‘‘during fiscal years 2013 

through 2017’’. 

(3) DEFENSE INDUSTRIAL SECURITY REPORT.—Section 428 

is amended by striking subsection (f). 

(4) MILITARY MUSICAL UNITS GIFT REPORT.—Section 974(d) 

is amended by striking paragraph (3). 

(5) HEALTH PROTECTION QUALITY REPORT.—Section 1073b 

is amended— 

(A) by striking subsection (a); and 

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. 

(6) MASTER PLANS FOR REDUCTIONS IN CIVILIAN POSITIONS.— 

(A) IN GENERAL.—Section 1597 is amended— 

(i) by striking subsection (c); 

(ii) by striking subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; and 

(iii) in subsection (c), as redesignated, by striking 

‘‘or a master plan prepared under subsection (c)’’. 

(B) CONFORMING AMENDMENTS.—Section 129a(d) is 

amended— 

(i) by striking paragraphs (1) and (2); and 

(ii) by redesignating paragraphs (3) and (4) as 

paragraphs (1) and (2), respectively. 

(7) ACQUISITION WORKFORCE DEVELOPMENT FUND REPORT.— 

Section 1705 is amended— 

(A) in subsection (e)(1), by striking ‘‘subsection (h)(2)’’ 

and inserting ‘‘subsection (g)(2)’’; 

(B) by striking subsection (f); and 

(C) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. 

(8) ACQUISITION CORPS REPORT.—Section 1722b is amended 

by striking subsection (c). 

(9) MILITARY FAMILY READINESS REPORT.—Section 1781b 

is amended by striking subsection (d). 

(10) PROFESSIONAL MILITARY EDUCATION REPORT.— 

(A) ELIMINATION.—Section 2157 is repealed. 


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(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 107 is amended by striking the 

item relating to section 2157. 

(11) DEPARTMENT OF DEFENSE CONFERENCES FEE-COLLECTION REPORT.—Section 2262 is amended by striking subsection 

(d). 

(12) UNITED STATES CONTRIBUTIONS TO NATO COMMONFUNDED BUDGETS REPORT.—Section 2263 is amended— 

(A) by striking subsection (b); and 

(B) by redesignating subsection (c) as subsection (b). 

(13) FOREIGN COUNTER-SPACE PROGRAMS REPORT.— 

(A) ELIMINATION.—Section 2277 is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 135 is amended by striking the 

item relating to section 2277. 

(14) USE OF MULTIYEAR CONTRACTS REPORT.—Section 

2306b(l)(4) is amended by striking ‘‘Not later than’’ and all 

that follows through the colon and inserting the following: 

‘‘Each report required by paragraph (5) with respect to a contract (or contract extension) shall contain the following:’’. 

(15) BURDEN SHARING CONTRIBUTIONS REPORT.—Section 

2350j is amended by striking subsection (f). 

(16) CONTRACT PROHIBITION WAIVER REPORT.—Section 

2410i(c) is amended by striking the second sentence. 

(17) STRATEGIC SOURCING PLAN OF ACTION REPORT.—Subsection (a) of section 2475 is amended to read as follows: 

‘‘(a) STRATEGIC SOURCING PLAN OF ACTION DEFINED.—In this 

section, the term ‘Strategic Sourcing Plan of Action’ means a Strategic Sourcing Plan of Action for the Department of Defense (as 

identified in the Department of Defense Interim Guidance dated 

February 29, 2000, or any successor Department of Defense guidance or directive) in effect for a fiscal year.’’. 

(18) TECHNOLOGY AND INDUSTRIAL BASE POLICY GUIDANCE

REPORT.—Section 2506 is amended— 

(A) by striking subsection (b); and 

(B) in subsection (a), by striking ‘‘Such guidance’’ and 

inserting the following: 

‘‘(b) PURPOSE OF GUIDANCE.—The guidance prescribed pursuant 

to subsection (a)’’. 

(19) FOREIGN-CONTROLLED CONTRACTORS REPORT.—Section 

2537 is amended— 

(A) by striking subsection (b); and 

(B) by redesignating subsection (c) as subsection (b). 

(20) SUPPORT FOR SPORTING EVENTS REPORT.—Section 2564 

is amended— 

(A) in subsection (b)(3), by striking ‘‘section 377’’ and 

inserting ‘‘section 277’’; 

(B) by striking subsection (e); 

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

(D) in subsection (e), as so redesignated, by ‘‘striking 

sections 375 and 376’’ and inserting ‘‘sections 275 and 

276’’. 

(21) GENERAL AND FLAG OFFICER QUARTERS REPORT.—Section 2831 is amended— 

(A) by striking subsection (e); 

10 USC 2271 

prec. 

10 USC 2151 

prec. 


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131 STAT. 1562 PUBLIC LAW 115–91—DEC. 12, 2017 

(B) by redesignating subsection (f) as subsection (e); 

and 

(C) in subsection (e), as so redesignated— 

(i) by striking ‘‘(1) Except as provided in paragraphs (2) and (3), the Secretary’’ and inserting ‘‘The 

Secretary’’; 

(ii) by striking paragraphs (2) and (3); and 

(iii) by redesignating subparagraphs (A) and (B) 

as paragraphs (1) and (2), respectively. 

(22) MILITARY INSTALLATIONS VULNERABILITY ASSESSMENT

REPORTS.—Section 2859 is amended— 

(A) by striking subsection (c); and 

(B) by redesignating subsection (d) as subsection (c). 

(23) INDUSTRIAL FACILITY INVESTMENT PROGRAM CONSTRUC- TION REPORT.—Section 2861 is amended by striking subsection 

(d). 

(24) STATEMENT OF AMOUNTS AVAILABLE FOR WATER CONSERVATION AT MILITARY INSTALLATIONS.—Section 2866(b) is 

amended by striking paragraph (3). 

(25) ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED HOUSING PILOT PROJECTS REPORT.—Section 2881a is 

amended by striking subsection (e). 

(26) STATEMENT OF AMOUNTS AVAILABLE FROM ENERGY COST

SAVINGS.—Section 2912 is amended by striking subsection (d). 

(27) ARMY TRAINING REPORT.— 

(A) ELIMINATION.—Section 4316 is repealed. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 401 is amended by striking the 

item relating to section 4316. 

(28) STATE OF THE ARMY RESERVE REPORT.—Section 3038(f) 

is amended— 

(A) by striking ‘‘(1)’’ before ‘‘The’’; and 

(B) by striking paragraph (2). 

(29) STATE OF THE MARINE CORPS RESERVE REPORT.—Section 5144(d) is amended— 

(A) by striking ‘‘(1)’’ before ‘‘The’’; and 

(B) by striking paragraph (2). 

(30) STATE OF THE AIR FORCE RESERVE REPORT.—Section 

8038(f) is amended— 

(A) by striking ‘‘(1)’’ before ‘‘The’’; and 

(B) by striking paragraph (2). 

(b) DEPARTMENT OF DEFENSE AUTHORIZATION ACT, 1985.—Section 1003 of the Department of Defense Authorization Act, 1985 

(Public Law 98–525; 22 U.S.C. 1928 note), relating to an annual 

report on allied contributions to the common defense, is amended 

by striking subsections (c) and (d). 

(c) NATIONAL DEFENSE AUTHORIZATION ACT, FISCAL YEAR

1989.—Section 1009 of the National Defense Authorization Act, 

Fiscal Year 1989 (Public Law 100–456; 22 U.S.C. 1928 note), 

relating to an annual report on the official development assistance 

program of Japan, is amended by striking subsection (b). 

(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1991.—Section 1518 of the Defense Authorization Act for Fiscal 

Year 1991 (Public Law 101–510; 24 U.S.C. 418), relating to reports 

on the results of inspection of Armed Forces Retirement Homes, 

is amended— 

(1) in subsection (c)(1), by striking ‘‘Congress and’’; and 

10 USC 4301 

prec. 


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(2) in subsection (e)— 

(A) by striking paragraph (2); 

(B) by striking ‘‘(1)’’ before ‘‘Not later’’; and 

(C) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively. 

(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS

1992 AND 1993.—Section 1046 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 

22 U.S.C. 1928 note), relating to an annual report on defense 

cost-sharing, is amended by striking subsections (e) and (f). 

(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1994.—Section 1603 of the National Defense Authorization Act 

for Fiscal Year 1994 (Public Law 103–160; 22 U.S.C. 2751 note), 

relating to an annual report on counterproliferation policy and 

programs of the United States, is amended by striking subsection 

(d). 

(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1995.—Section 533 of the National Defense Authorization Act for 

Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 113 note), relating 

to an annual report on personnel readiness factors by race and 

gender, is repealed. 

(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2000.—Section 366 of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note), relating 

to an annual report on spare parts, logistics, and sustainment 

standards, is amended by striking subsection (f). 

(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2002.—The National Defense Authorization Act for Fiscal Year 

2002 (Public Law 107–107) is amended as follows: 

(1) ARMY WORKLOAD AND PERFORMANCE SYSTEM REPORT.— 

Section 346 (115 Stat. 1062) is amended— 

(A) by striking subsections (b) and (c); and 

(B) by redesignating subsection (d) as subsection (b). 

(2) RELIABILITY OF FINANCIAL STATEMENTS REPORT.—Section 1008(d) (10 U.S.C. 113 note) is amended— 

(A) by striking ‘‘(1)’’ before ‘‘On each’’; and 

(B) by striking paragraph (2). 

(j) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2003.—Section 817 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 

2306a note), relating to an annual report on commercial item and 

exceptional case exceptions and waivers, is amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsection (e) as subsection (d). 

(k) NATIONAL DEFENSE AUTHORIZATION ACT FOR 2006.—The 

National Defense Authorization Act for 2006 (Public Law 109– 

163) is amended as follows: 

(1) NOTIFICATION OF ADJUSTMENT IN LIMITATION AMOUNT

FOR NEXT-GENERATION DESTROYER PROGRAM.—Section 123 (119 

Stat. 3156) is amended— 

(A) by striking subsection (d); and 

(B) by redesignating subsection (e) as subsection (d). 

(2) CERTIFICATION OF BUDGETS FOR JOINT TACTICAL RADIO

SYSTEM REPORT.—Section 218(c) (119 Stat. 3171) is amended 

by striking paragraph (3). 


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131 STAT. 1564 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) DEPARTMENT OF DEFENSE COSTS TO CARRY OUT UNITED

NATIONS RESOLUTIONS REPORT.—Section 1224 (10 U.S.C. 113 

note) is repealed. 

(l) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2007.—Section 357(b) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 22 

U.S.C. 4865 note), relating to an annual report on Department 

of Defense overseas personnel subject to chief of mission authority, 

is amended by striking ‘‘shall submit to the congressional defense 

committees’’ and inserting ‘‘shall prepare’’. 

(m) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2008.—The National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181) is amended as follows: 

(1) ARMY INDUSTRIAL FACILITIES COOPERATIVE ACTIVITIES

REPORT.—Section 328 (10 U.S.C. 4544 note) is amended by 

striking subsection (b). 

(2) ARMY PRODUCT IMPROVEMENT REPORT.—Section 330 

(122 Stat. 68) is amended by striking subsection (e). 

(n) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2009.—The Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417) is amended as follows: 

(1) SUPPORT FOR NON-CONVENTIONAL ASSISTED RECOVERY

ACTIVITIES REPORT.—Section 943 (122 Stat. 4578) is amended— 

(A) by striking subsection (e); and 

(B) by redesignating subsections (f), (g), and (h) as 

subsections (e), (f), and (g), respectively. 

(2) REIMBURSEMENT OF NAVY MESS EXPENSES REPORT.— 

Section 1014 (122 Stat. 4585) is amended by striking subsection 

(c). 

(3) ELECTROMAGNETIC PULSE ATTACK REPORT.—Section 

1048 (122 Stat. 4603) is repealed. 

(o) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2010.—Section 121 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2211) is amended— 

(1) by striking subsection (e); and 

(2) by redesignating subsection (f) as subsection (e). 

(p) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2011.—The Ike Skelton National Defense Authorization Act for 

Fiscal Year 2011 (Public Law 111–383) is amended as follows: 

(1) NAVY AIRBORNE SIGNALS INTELLIGENCE, SURVEILLANCE, 

AND RECONNAISSANCE CAPABILITIES REPORT.—Section 112(b) 

(124 Stat. 4153) is amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraph (4) as paragraph (3). 

(2) INCLUSION OF TECHNOLOGY PROTECTION FEATURES

DURING RESEARCH AND DEVELOPMENT OF DEFENSE SYSTEMS

REPORT.—Section 243 (10 U.S.C. 2358 note) is amended— 

(A) by striking subsection (c); and 

(B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 

(3) ACQUISITION OF MILITARY PURPOSE NONDEVELOPMENTAL

ITEMS REPORT.—Section 866(d) (10 U.S.C. 2302 note) is 

amended— 

(A) by striking ‘‘(d) REPORTS.—’’ and all that follows 

through ‘‘(2) PROGRAM ASSESSMENT.—If the Secretary’’ and 

inserting the following: 

‘‘(d) PROGRAM ASSESSMENT.—If the Secretary’’; and 


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(B) by redesignating subparagraphs (A), (B), and (C) 

as paragraphs (1), (2), and (3), respectively, and indenting 

the left margin of such paragraphs, as so redesignated, 

two ems from the left margin. 

(4) NUCLEAR TRIAD REPORT.—Section 1054 (10 U.S.C. 113 

note) is repealed. 

(q) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2012.—The National Defense Authorization Act for Fiscal Year 

2012 (Public Law 112–81) is amended as follows: 

(1) PERFORMANCE MANAGEMENT SYSTEM AND APPOINTMENT

PROCEDURES REPORT.—Section 1102 (5 U.S.C. 9902 note) is 

amended by striking subsection (b). 

(2) GLOBAL SECURITY CONTINGENCY FUND REPORT.—Section 

1207 (22 U.S.C. 2151 note) is amended— 

(A) by striking subsection (n); and 

(B) by redesignating subsections (o) and (p) as subsections (n) and (o). 

(3) DATA SERVERS AND CENTERS COST SAVINGS REPORT.— 

Section 2867 (10 U.S.C. 2223a note) is amended by striking 

subsection (d). 

(r) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2013.—The National Defense Authorization Act for Fiscal Year 

2013 (Public Law 112–239) is amended as follows: 

(1) F–22A RAPTOR MODERNIZATION PROGRAM REPORT.—Section 144 (126 Stat. 1663) is amended by striking subsection 

(c). 

(2) TRICARE MAIL-ORDER PHARMACY PROGRAM REPORT.— 

Section 716 (10 U.S.C. 1074g note) is amended— 

(A) by striking subsection (e); and 

(B) by redesignating subsections (f) and (g) as subsections (e) and (f). 

(3) WARRIORS IN TRANSITION PROGRAMS REPORT.—Section 

738 (10 U.S.C. 1071 note) is amended— 

(A) by striking subsection (e); and 

(B) by redesignating subsection (f) as subsection (e). 

(4) USE OF INDEMNIFICATION AGREEMENTS REPORT.—Section 

865 (126 Stat. 1861) is repealed. 

(5) COUNTER SPACE TECHNOLOGY REPORT.—Section 917 (126 

Stat. 1878) is repealed. 

(6) IMAGERY INTELLIGENCE AND GEOSPATIAL INFORMATION

SUPPORT REPORT.—Section 921 (126 Stat. 1878) is amended 

by striking subsection (c). 

(7) COMPUTER NETWORK OPERATIONS COORDINATION

REPORT.—Section 1079 (10 U.S.C. 221 note) is amended by 

striking subsection (c). 

(8) UPDATES OF ACTIVITIES OF OFFICE OF SECURITY

COOPERATION IN IRAQ REPORT.—Section 1211(d) (126 Stat. 1983) 

is amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraph (4) as paragraph (3). 

(9) UNITED STATES PARTICIPATION IN THE ATARES PROGRAM

REPORT.—Section 1276 (10 U.S.C. 2350c note) is amended— 

(A) by striking subsections (e) and (f); and 

(B) by redesignating subsection (g) as subsection (e). 

(s) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2014.—The National Defense Authorization Act for Fiscal Year 

2014 (Public Law 113–66) is amended as follows: 


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131 STAT. 1566 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) MODERNIZING PERSONNEL SECURITY STRATEGY METRICS

REPORT.—Section 907(c)(3) (10 U.S.C. 1564 note) is amended— 

(A) by striking ‘‘(A) METRICS REQUIRED.—In’’ and 

inserting ‘‘In’’; and 

(B) by striking subparagraph (B). 

(2) DEFENSE CLANDESTINE SERVICE REPORT.—Section 923 

(10 U.S.C. prec. 421 note) is amended— 

(A) by striking subsection (b); and 

(B) by redesignating subsections (c), (d), and (e) as 

subsection (b), (c), and (d), respectively. 

(3) INTERNATIONAL AGREEMENTS RELATING TO DOD

REPORT.—Section 1249 (127 Stat. 925) is repealed. 

(4) SMALL BUSINESS GROWTH REPORT.—Section 1611 (127 

Stat. 946) is amended by striking subsection (d). 

(t) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2015.—The Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 

291) is amended as follows: 

(1) ASSIGNMENT OF PRIVATE SECTOR PERSONNEL TO DEFENSE

ADVANCED RESEARCH PROJECTS AGENCY REPORT.—Section 232 

(10 U.S.C. 2358 note) is amended— 

(A) by striking subsection (e); and 

(B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 

(2) GOVERNMENT LODGING PROGRAM REPORT.—Section 914 

(5 U.S.C. 5911 note) is amended by striking subsection (d). 

(3) DOD RESPONSE TO COMPROMISES OF CLASSIFIED

INFORMATION REPORT.—Section 1052 (128 Stat. 3497) is 

repealed. 

(4) PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY

EQUIPMENT LOAN REPORT.—Section 1207 (10 U.S.C. 2342 note) 

is amended— 

(A) by striking subsection (d); and 

(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. 

(5) DOD ASSISTANCE TO COUNTER ISIS REPORT.—Section 

1236 (128 Stat. 3558) is amended by striking subsection (d). 

(6) COOPERATIVE THREAT REDUCTION PROGRAM USE OF CONTRIBUTIONS REPORT.—Section 1325 (50 U.S.C. 3715) is 

amended— 

(A) by striking subsection (e); and 

(B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 

(7) COOPERATIVE THREAT REDUCTION PROGRAM FACILITIES

CERTIFICATION REPORT.—Section 1341 (50 U.S.C. 3741) is 

repealed. 

(8) COOPERATIVE THREAT REDUCTION PROGRAM PROJECT

CATEGORY REPORT.—Section 1342 (50 U.S.C. 3742) is repealed. 

(9) STATEMENT ON ALLOCATION OF FUNDS FOR SPACE SECURITY AND DEFENSE PROGRAM.—Section 1607 (128 Stat. 3625) 

is amended— 

(A) by striking ‘‘(a) ALLOCATION OF FUNDS.—’’; 

(B) by striking subsections (b), (c), and (d); and 

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

‘‘This requirement shall terminate on December 19, 2019.’’. 

(u) PRESERVATION OF CERTAIN ADDITIONAL REPORTS.—Effective 

as of December 23, 2016, and as if included therein as enacted, 

10 USC 111 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1567 

section 1061(c) of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328) is amended as follows: 

(1) NATIONAL GUARD BUREAU REPORT.—By inserting after 

paragraph (63) the following new paragraph: 

‘‘(64) Section 10504(b).’’. 

(2) REPORT ON PROCUREMENT OF CONTRACT SERVICES.— 

By inserting after paragraph (64), as added by paragraph (1), 

the following new paragraph: 

‘‘(65) Section 235.’’. 

(3) ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT.— 

By inserting after paragraph (65), as added by paragraph (2), 

the following new paragraph: 

‘‘(66) Section 115a.’’. 

(4) STARBASE PROGRAM REPORT.—By inserting after paragraph (66), as added by paragraph (3), the following new paragraph: 

‘‘(67) Section 2193b(g).’’. 

(v) PRESERVATION OF VETTED SYRIAN OPPOSITION REPORT.— 

Effective as of December 23, 2016, and as if included therein as 

enacted, section 1061(d) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328) is amended by adding 

at the end the following new paragraph: 

‘‘(18) Section 1209(d) (128 Stat. 3542).’’. 

(w) PRESERVATION OF REPORTS REQUIRED BY OTHER LAWS.— 

Effective as of December 23, 2016, and as if included therein as 

enacted, section 1061(i) of the National Defense Authorization Act 

for Fiscal Year 2017 (Public Law 114–328) is amended as follows: 

(1) NATIONAL GUARD YOUTH CHALLENGE REPORT.—By 

adding at the end the following new paragraph: 

‘‘(34) Section 509(k) of title 32, United States Code.’’. 

(2) ANNUAL REPORT ON SUPPORT TO LAW ENFORCEMENT

AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.—By 

inserting after paragraph (34), as added by paragraph (1), 

the following new paragraph: 

‘‘(35) Section 1022(c) of the National Defense Authorization 

Act for 2004 (Public Law 108–136; 10 U.S.C. 371 note).’’. 

(x) TERMINATION OF CERTAIN ADDITIONAL REPORTS.—Effective 

on December 31, 2021, the reports required under the following 

provisions of title 10, United States Code, shall no longer be 

required to be submitted to Congress: 

(1) Section 113(c)(1). 

(2) Section 113(e). 

(3) Section 116. 

(4) Section 2432. 

(y) REPORT TO CONGRESS.—Not later than February 1, 2018, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report that 

includes the following: 

(1) A list of all reports required to be submitted to Congress 

by the Department of Defense, or any officer, official, component, or element of the Department, from any source of law 

other than an annual national defense authorization Act as 

of April 1, 2015. 

(2) For each report included on the list under paragraph 

(1), a citation to the provision of law under which the report 

is required to be submitted. 

10 USC 113 note. 

10 USC 111 note. 

10 USC 111 note. 

10 USC 111 note. 


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131 STAT. 1568 PUBLIC LAW 115–91—DEC. 12, 2017 

(z) EFFECTIVE DATE.—Except as provided in subsections (u), 

(v), and (w) the amendments made by this section shall take effect 

on the later of— 

(1) the date of the enactment of this Act; or 

(2) November 25, 2017. 

SEC. 1052. REPORT ON TRANSFER OF DEFENSE ARTICLES TO UNITS 

COMMITTING GROSS VIOLATIONS OF HUMAN RIGHTS. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate 

committees of Congress a report on the transfer of defense articles 

to units committing gross violations of human rights. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following: 

(1) A description of the current laws, guidance, and policies, 

if any, for Department of Defense personnel to monitor and 

report the transfer of defense articles, provided to the government of a foreign state pursuant to a Department of Defense 

assistance authority, that have subsequently been provided by 

that government to a unit of that foreign state that is prohibited 

from receiving assistance from the United States by reason 

of a determination by the Secretary of State that there is 

credible evidence that such unit has committed a gross violation 

of human rights. 

(2) A description of any confirmed instances since January 

1, 2016, in which the government of a foreign state that has 

received defense articles pursuant to a Department of Defense 

assistance authority has subsequently transferred the equipment to a unit of that foreign state that is prohibited from 

receiving assistance from the United States by reason of a 

determination by the Secretary of State that there is credible 

evidence that such unit has committed a gross violation of 

human rights. 

(c) 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. 1053. REPORT ON THE NATIONAL BIODEFENSE ANALYSIS AND 

COUNTERMEASURES CENTER. 

(a) REPORT.—Not later than March 1, 2018, the Secretary of 

Homeland Security and the Secretary of Defense shall submit to 

the appropriate congressional committees a report, prepared in 

consultation with the officials listed in subsection (b), on the 

National Biodefense Analysis and Countermeasures Center 

(referred to in this section as the ‘‘NBACC’’). Such report shall 

contain the following information: 

(1) The functions of the NBACC. 

(2) The end users of the NBACC, including those whose 

assets may be managed by other agencies. 

(3) The cost and mission impact for each user identified 

under paragraph (2) of any potential closure of the NBACC, 

including an analysis of the functions of the NBACC that 

cannot be replicated by other departments and agencies of 

the Federal Government. 

10 USC 113 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1569 

(4) In the case of closure of the NBACC, a transition 

plan for any essential functions currently performed by the 

NBACC to ensure mission continuity, including the storage 

of samples needed for ongoing criminal cases. 

(b) CONSULTATION.—The officials listed in this subsection are 

the following: 

(1) The Secretary of Homeland Security. 

(2) The Director of the Federal Bureau of Investigation. 

(3) The Attorney General. 

(4) The Director of National Intelligence. 

(5) As determined by the Secretary of Homeland Security, 

the leaders of other offices that use the NBACC. 

(c) FORM.—The report submitted under subsection (a) shall 

be submitted in unclassified form, but may contain a classified 

annex. 

(d) LIMITATION.—None of the funds authorized to be appropriated in this Act may be used to support the closure or transfer 

of the NBACC until— 

(1) the report required by subsection (a) has been submitted; and 

(2) the heads of the Federal agencies that use the NBACC 

jointly provide to the appropriate congressional committees certification that the closure or transfer of the NBACC would 

not have a negative effect on biological defense capabilities. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For 

purposes of this section, the term ‘‘appropriate congressional 

committees’’ means the Committees on Appropriations of the Senate 

and the House of Representatives, the Committees on Armed Services of the Senate and the House of Representatives, the Committee 

on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the 

Senate, the Committees on Judiciary of the Senate and the House 

of Representatives, the Committee on Oversight and Government 

Reform of the House of Representatives, the Permanent Select 

Committee on Intelligence of the House of Representatives, and 

the Select Committee on Intelligence of the Senate. 

SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE ARCTIC CAPABILITY 

AND RESOURCE GAPS AND REQUIRED INFRASTRUCTURE. 

(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 setting forth— 

(1) necessary steps the Department of Defense is undertaking to resolve Arctic security capability and resource gaps; 

and 

(2) the requirements and investment plans for military 

infrastructure required to protect United States national security interests in the Arctic region. 

(b) ELEMENTS.—The report under subsection (a) shall include 

an analysis of each of the following: 

(1) The infrastructure needed to ensure national security 

in the Arctic region. 

(2) Any shortfalls in observation, remote sensing capabilities, ice prediction, and weather forecasting, including an analysis of— 

(A) the readiness challenges posed by a changing Arctic 

region; and 


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131 STAT. 1570 PUBLIC LAW 115–91—DEC. 12, 2017 

(B) changes to the Arctic region that affect existing 

military infrastructure. 

(3) Any shortfalls of the Department in navigational aids. 

(4) Any additional, necessary high-latitude electronic and 

communications infrastructure requirements. 

(5) Any gaps in intelligence, surveillance, and reconnaissance coverage and recommendations for additional intelligence, 

surveillance, and reconnaissance capabilities. 

(6) Any shortfalls in personnel recovery capabilities. 

(7) United States national security interests in the Arctic 

region, including strategic national assets, United States citizens, territory, freedom of navigation, and economic and trade 

interests in the region. 

(8) United States military capabilities needed for operations 

in Arctic terrain, including types of forces, major weapon systems, and logistics required for operations in such terrain. 

(9) The installations, infrastructure, and deep water ports 

for deployment of assets required to support operations in the 

Arctic region, including the stationing, deployment, and 

training of military forces for operations in the region. 

(10) Any additional capabilities the Secretary determines 

should be incorporated into future Navy surface combatants. 

(c) FORM OF REPORT.—The report under subsection (a) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1055. REVIEW AND ASSESSMENT OF DEPARTMENT OF DEFENSE 

PERSONNEL RECOVERY AND NONCONVENTIONAL 

ASSISTED RECOVERY MECHANISMS. 

(a) IN GENERAL.—Not later than March 1, 2018, the Secretary 

of Defense shall submit to the congressional defense committees 

a review and assessment of personnel recovery and nonconventional 

assisted recovery programs, authorities, and policies. 

(b) ELEMENTS.—The assessment required under subsection (a) 

shall include each of the following elements: 

(1) An overall strategy defining personnel recovery and 

nonconventional assisted recovery programs and activities, 

including how such programs and activities support the requirements of the geographic combatant commanders. 

(2) A comprehensive review and assessment of statutory 

authorities, policies, and interagency coordination mechanisms, 

including limitations and shortfalls, for personnel recovery and 

nonconventional assisted recovery programs and activities. 

(3) A comprehensive description of current validated 

requirements and anticipated future personnel recovery and 

nonconventional assisted recovery requirements across the 

future years defense program, as validated by the Joint Staff. 

(4) An overview of validated current and expected future 

force structure requirements necessary to meet near-, 

mid-, and long-term personnel recovery and nonconventional 

assisted recovery programs and activities of the geographic 

combatant commanders. 

(5) Any other matters the Secretary considers appropriate. 

(c) FORM OF ASSESSMENT.—The assessment required under subsection (a) shall be submitted in unclassified form, but may include 

a classified annex. 


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(d) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 

after the date on which the assessment required under subsection 

(a) is submitted, the Comptroller General of the United States 

shall submit to the congressional defense committees a review of 

such assessment. 

SEC. 1056. MINE WARFARE READINESS INSPECTION PLAN AND 

REPORT. 

(a) INSPECTION PLAN.—Not later than one year after the date 

of the enactment of this subsection, the Chief of Naval Operations, 

in consultation with the Combatant Commanders, shall submit 

a plan for inspections of each unit and organization tasked with 

delivering operational capability, missions and mission essential 

tasks, functions, supporting roles, organization, manning, training, 

and materiel for naval mine warfare. At a minimum, inspected 

units and organizations shall include those required in the Joint 

Strategic Capabilities Plan and those assigned in the Forces For 

Unified Commands document or have the potential to support, 

by deployment or otherwise, a directed Operation Plan, Concept 

Plan, contingency operation, homeland security operation, or 

Defense Support of Civil Authorities requirements for naval offensive or defensive mine warfare. 

(b) CRITERIA.—This inspection plan shall propose methods to 

analytically assess, evaluate, improve and assure mission readiness 

of each unit or organization with required operational capabilities 

for naval mine warfare. Inspection shall include— 

(1) an assessment or verification of material condition; 

(2) unit wide training and personnel readiness as measured 

by established tasks, conditions and standards that demonstrate the unit readiness to perform their wartime or homeland defense mission; 

(3) force through unit level training; 

(4) readiness to support multi-echelon, joint service mine 

warfare operations as part of an offensive, defensive mining 

or mine countermeasures task; 

(5) readiness to support combatant commander campaign 

plans, operational plan, concept plan, or the Joint Strategic 

Capabilities Plan; 

(6) required operational capability; 

(7) inspection and reinspection process; and 

(8) inspection periodicy. 

(c) APPLICABILITY.—The inspection requirements under this 

subsection apply to the following units and organizations: 

(1) Surface MCM vessels or vessels performing MCM tasks. 

(2) Airborne MCM squadrons. 

(3) Mobile mine assembly groups and mobile mine assembly 

units. 

(4) Fleet patrol squadrons with mine laying capabilities. 

(5) LCS and LCS MCM mission modules upon reaching 

IOC. 

(6) Mine countermeasures squadrons. 

(7) Units exercising command and control over MIW forces. 

(8) MCM operational support ships. 

(9) Attack and guided missile submarines with mine laying 

capabilities. 

(10) Magnetic and acoustic silencing facilities. 

(11) EOD MCM or VSW Companies and Platoons. 


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131 STAT. 1572 PUBLIC LAW 115–91—DEC. 12, 2017 

(12) SEAL (ESG / CSG) USMC units with VSW capability. 

(d) CERTIFICATION.—The Chief of Naval Operations shall 

submit to the Secretary of Defense, the Combatant Commanders, 

the Chairman of the Joint Chiefs of Staff and to Congress a report 

on the program under this subsection. The report shall contain 

a classified section which addresses capability and capacity to meet 

JSCP, OPLAN, CONPLAN and contingency requirements and 

unclassified section with general summary and readiness trends. 

(e) CONFORMING REPEAL.—Section 1090 of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92) is 

repealed. 

SEC. 1057. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION 

WITH UNITED STATES MILITARY OPERATIONS. 

(a) ANNUAL REPORT REQUIRED.—Not later than May 1 each 

year, the Secretary of Defense shall submit to the congressional 

defense committees a report on civilian casualties caused as a 

result of United States military operations during the preceding 

year. 

(b) ELEMENTS.—Each report under subsection (a) shall set forth 

the following: 

(1) A list of all the United States military operations during 

the year covered by such report that were confirmed, or reasonably suspected, to have resulted in civilian casualties. 

(2) For each military operation listed pursuant to paragraph (1), each of the following: 

(A) The date. 

(B) The location. 

(C) An identification of whether the operation occurred 

inside or outside of a declared theater of active armed 

conflict. 

(D) The type of operation. 

(E) An assessment of the number of civilian and enemy 

combatant casualties. 

(3) A description of the process by which the Department 

of Defense investigates allegations of civilian casualties 

resulting from United States military operations. 

(4) A description of steps taken by the Department to 

mitigate harm to civilians in conducting such operations. 

(5) Any other matters the Secretary of Defense determines 

are relevant. 

(c) USE OF SOURCES.—In preparing a report under this section, 

the Secretary of Defense shall take into account relevant and credible all-source reporting, including information from public reports 

and nongovernmental sources. 

(d) FORM.—Each report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

(e) SUNSET.—The requirement to submit a report under subsection (a) shall expire on the date that is five years after the 

date of the enactment of this Act. 

SEC. 1058. REPORT ON JOINT PACIFIC ALASKA RANGE COMPLEX MODERNIZATION. 

(a) REPORT REQUIRED.—Not later than 120 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 regarding 

proposed improvements to the Joint Pacific Alaska Range Complex. 


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(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An analysis of existing Joint Pacific Alaska Range Complex infrastructure. 

(2) A summary of improvements to the range infrastructure 

the Secretary determines are necessary— 

(A) for fifth generation fighters to train at maximum 

potential; and 

(B) to provide a realistic air warfare environment 

versus a near-peer adversary for— 

(i) four squadrons of fifth generation fighters; 

(ii) annual Red Flag-Alaska exercises; and 

(iii) biannual Operation Northern Edge exercises. 

SEC. 1059. REPORT ON ALTERNATIVES TO AQUEOUS FILM FORMING 

FOAM. 

(a) REPORT REQUIRED.—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 Department’s status with respect 

to developing a new military specification for safe and effective 

alternatives to aqueous film forming foam (hereinafter referred 

to as ‘‘AFFF’’) that do not contain perfluorooctanoic acid (hereinafter 

referred to as ‘‘PFOA’’) or erfluorooctanesulfonic acid (hereinafter 

referred to as ‘‘PFOS’’). 

(b) ELEMENTS.—The report required by subparagraph (1) shall 

include the following: 

(1) A detailed explanation of the Department’s status with 

respect to developing a new military specification for safe and 

effective alternatives to AFFF that do not contain PFOA or 

PFOS. 

(2) An update on the Secretary’s plans for replacing AFFF 

containing PFOA or PFOS at military installations across the 

country and methods of disposal for AFFF containing PFOA 

or PFOS. 

(3) An overview of current and planned research and 

development for AFFF alternatives that do not contain PFOA 

or PFOS. 

(4) An assessment of how the establishment of a maximum 

contaminant level for PFOA or PFOS under the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), rather than the current 

health advisory level, would impact the Department’s mitigation actions, prioritization of such actions, and research and 

development related to PFOA and PFOS. 

SEC. 1060. ASSESSMENT OF GLOBAL FORCE POSTURE. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall, 

in consultation with the Chairman of the Joint Chiefs of Staff, 

the chiefs of the military services, and the commanders of the 

combatant commands, provide for and oversee an assessment of 

the global force posture of the Armed Forces. 

(b) REPORT.—Not later than the earlier of 180 days after the 

production of the 2018 National Defense Strategy (which is intended 

to be closely coordinated with and complementary to a new National 

Security Strategy) or December 31, 2018, the Secretary shall submit 

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

of Representatives a report on the assessment required by subsection (a). The report shall include the following: 


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(1) Recommendations for force size, structure, and basing 

globally that reflect and complement the force sizing and planning construct included in the 2018 National Defense Strategy 

in order to guide the growth of the force structure of the 

Armed Forces, which recommendations shall be based on an 

evaluation of the relative costs of rotational and forward-based 

forces as well as impacts to deployment timelines of threats 

to lines of communication and anti-access area denial capabilities of potential adversaries. 

(2) An assessment by each commander of a combatant 

command of the capability and force structure gaps within 

the context of an evaluation of the projected threats in the 

theater of operations of the combatant command concerned 

and the operation plans of each combatant command. 

(3) An evaluation of the headquarters manning requirements to oversee and direct execution of current operational 

plans. 

SEC. 1061. ARMY MODERNIZATION STRATEGY. 

(a) STRATEGY REQUIRED.—The Secretary of the Army shall 

develop a modernization strategy for the total Army. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

include the following: 

(1) A comprehensive description of the future total Army, 

including key objectives, war fighting challenges, and risks, 

sufficient to establish requirements, set priorities, identify 

opportunity costs, and establish acquisition time lines for the 

total Army over a period beyond the period of the current 

future-years defense program under section 221 of title 10, 

United States Code. 

(2) Mechanisms for identifying programs of the Army that 

may be unnecessary, or do not perform according to expectations, in achieving the future total Army. 

(3) A comprehensive description of the manner in which 

the future total Army intends to fight and win as part of 

a joint force engaged in combat across all operational domains. 

(4) A comprehensive description of the mechanisms 

required by the future total Army to maintain command, control, and communications and sustainment. 

(5) A description of— 

(A) the combat vehicle modernization priorities of the 

Army over the next 5 and 10 years; 

(B) the extent to which such priorities can be supported 

at current funding levels within a relevant time period; 

(C) the extent to which additional funds are required 

to support such priorities; 

(D) how the Army is balancing and resourcing such 

priorities with efforts to rebuild and sustain readiness and 

increase force structure capacity over this same time period; 

and 

(E) how the Army is balancing its near-term modernization efforts with an accelerated long-term strategy 

for acquiring next generation combat vehicle capabilities. 

(c) PARTICULAR CONSIDERATIONS.—In developing the strategy 

required by subsection (a), the Secretary shall take into particular 

account the following: 


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(1) Current trends and developments in weapons and equipment technologies. 

(2) New tactics and force design of peer adversaries, 

including the rapid pace of development of such tactics and 

force design by such adversaries. 

(d) REPORT.— (1) IN GENERAL.—Not later than April 30, 2018, the Secretary shall submit to the congressional defense committees 

the strategy required by subsection (a). 

(2) FORM.—If the report is submitted in classified form, 

the report shall be accompanied by an unclassified summary. 

(e) COMPTROLLER GENERAL ASSESSMENT.— (1) ASSESSMENT.—The Comptroller General of the United 

States shall conduct an assessment of the modernization 

strategy required by subsection (a). 

(2) FOCUS.—In carrying out the assessment under paragraph (1), the Comptroller General shall focus on evaluating— 

(A) the development of the modernization priorities 

of the Army for the five-year period beginning on the 

date of the enactment of this Act; 

(B) how the Army is balancing and resourcing such 

priorities with efforts to rebuild and sustain readiness and 

increase force structure capacity over such period; and 

(C) the extent to which the Army has balanced its 

near-term modernization efforts with its long-term strategy 

for acquiring new capabilities. 

(3) CONGRESSIONAL REPORTING.— 

(A) BRIEFING.—Not later than May 1, 2018, the Comptroller General shall provide to the congressional defense 

committees a briefing on the preliminary assessment of 

the Comptroller General under paragraph (1). 

(B) REPORT.—The Comptroller General shall submit 

to the congressional defense committees a report on the 

final assessment of the Comptroller General under such 

paragraph. 

(f) TOTAL ARMY DEFINED.—In this section, the term ‘‘total 

Army’’ means the active components and the reserve components 

of the Army. 

SEC. 1062. REPORT ON ARMY PLAN TO IMPROVE OPERATIONAL UNIT 

READINESS BY REDUCING NUMBER OF NON-DEPLOYABLE 

SOLDIERS ASSIGNED TO OPERATIONAL UNITS. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Army shall submit to the congressional 

defense committees a report on the plans of the Army to improve 

operational unit readiness in the Army by reducing the number 

of non-deployable soldiers assigned to operational units of the Army 

and replacing such soldiers with soldiers capable of world-wide 

deployment. 

SEC. 1063. EFFORTS TO COMBAT PHYSIOLOGICAL EPISODES ON CERTAIN NAVY AIRCRAFT. 

(a) IN GENERAL.—Not later than 30 days after the date of 

the enactment of this Act, and every 90 days thereafter until 

January 1, 2020, the Secretary of the Navy shall provide to the 

congressional defense committees information on efforts by the 

Navy’s Physiological Episode Team to combat the prevalence of 


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physiological episodes in F/A–18 Hornet and Super Hornet, EA– 

18G Growler, and T–45 Goshawk aircraft. 

(b) ELEMENTS.—The information required under subsection (a) 

shall include the following elements: 

(1) A description of Naval Aviation Enterprise activities 

addressing physiological episodes during the reporting period. 

(2) An estimate of funding expended in support of the 

activities described under paragraph (1). 

(3) A description of any planned or executed changes to 

Physiological Episode Team structure or processes. 

(4) A description of activities planned for the upcoming 

two quarters. 

(c) FORM.—The information required under subsection (a) may 

be provided in a written report or a briefing. 

SEC. 1064. STUDIES ON AIRCRAFT INVENTORIES FOR THE AIR FORCE. 

(a) INDEPENDENT STUDIES.— 

(1) IN GENERAL.—The Secretary of Defense shall provide 

for the performance of three independent studies of alternative 

aircraft inventories through 2030, and an associated force-sizing 

construct, for the Air Force. 

(2) SUBMITTAL TO CONGRESS.—Not later than March 1, 

2019, the Secretary shall submit the results of each study 

to the congressional defense committees. 

(3) FORM.—The result of each study shall be submitted 

in unclassified form, but may include a classified annex. 

(b) ENTITIES TO PERFORM STUDIES.—The Secretary shall provide for the studies under subsection (a) to be performed as follows: 

(1) One study shall be performed by the Secretary of the 

Air Force, in consultation with the Director of the Office of 

Net Assessment. 

(2) One study shall be performed by a federally funded 

research and development center. 

(3) One study shall be conducted by an independent, nongovernmental institute which is described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from taxation 

under section 501(a) of such Code, and has recognized credentials and expertise in national security and military affairs. 

(c) PERFORMANCE OF STUDIES.— 

(1) INDEPENDENT PERFORMANCE.—The Secretary shall 

require the studies under this section to be conducted independently of one another. 

(2) MATTERS TO BE CONSIDERED.—In performing a study 

under this section, the organization performing the study, while 

being aware of current and projected aircraft inventories for 

the Air Force, shall not be limited by such current or projected 

aircraft inventories, and shall consider the following matters: 

(A) The national security and national defense strategies of the United States. 

(B) Potential future threats to the United States and 

to United States air and space forces through 2030. 

(C) Traditional roles and missions of the Air Force. 

(D) Alternative roles and missions for the Air Force. 

(E) The force-sizing methodology and rationale used 

to calculated aircraft inventory levels. 


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(F) Other government and nongovernment analyses 

that would contribute to the study through variations in 

study assumptions or potential scenarios. 

(G) The role of evolving technology on future air forces, 

including unmanned and space systems. 

(H) Opportunities for reduced operation and 

sustainment costs. 

(I) Current and projected capabilities of other Armed 

Forces that could affect force structure capability and 

capacity requirements of the Air Force. 

(d) STUDY RESULTS.—The results of each study under this 

section shall— 

(1) identify a force-sizing construct for the Air Force that 

connects national security strategy to aircraft inventories; 

(2) present the alternative aircraft inventories considered, 

with assumptions and possible scenarios identified for each; 

(3) provide for presentation of minority views of study 

participants; and 

(4) for the recommended inventories, provide— 

(A) the numbers and types of aircraft, the numbers 

and types of manned and unmanned aircraft, and the basic 

capabilities of each of such platforms; 

(B) describe the force-sizing rationale used to arrive 

at the recommended inventory levels; 

(C) other information needed to understand the aircraft 

inventories in basic form and the supporting analysis; and 

(D) options to address aircraft types whose retirement 

commences before 2030. 

SEC. 1065. DEPARTMENT OF DEFENSE REVIEW OF NAVY CAPABILITIES 

IN THE ARCTIC REGION. 

(a) REPORT ON CAPABILITIES.— 

(1) IN GENERAL.—Not later than 180 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 

the capabilities of the Navy in the Arctic region. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include an analysis of the following: 

(A) The current naval capabilities of the Department 

of Defense in the Arctic region, with a particular emphasis 

on surface capabilities. 

(B) Any gaps that exist between the current naval 

capabilities described in subparagraph (A) and the ability 

of the Department to fully execute its updated strategy 

for the Arctic region. 

(C) Any gaps in the capabilities described in subparagraph (A) that require ice-hardening of existing vessels 

or the construction of new vessels to preserve freedom 

of navigation in the Arctic region whenever and wherever 

necessary. 

(D) An analysis and recommendation of which Navy 

vessels could be ice-hardened to effectively preserve 

freedom of navigation in the Arctic region when and where 

necessary, in all seasons and weather conditions. 

(E) An analysis of any cost increases or schedule 

adjustments that may result from ice-hardening existing 

or new Navy vessels. 


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(b) COMPTROLLER GENERAL OF THE UNITED STATES REVIEW.— Not later than 90 days after the date on which the Secretary 

submits the report required by subsection (a), the Comptroller General of the United States shall submit to the congressional defense 

committees a review of the report, including any matters in connection with the report and the review that the Comptroller General 

considers appropriate. 

(c) FORM.—The report under subsection (a) and the review 

under subsection (b) shall each be submitted in unclassified form, 

but may include a classified annex. 

SEC. 1066. COMPREHENSIVE REVIEW OF MARITIME INTELLIGENCE, 

SURVEILLANCE, RECONNAISSANCE, AND TARGETING 

CAPABILITIES. 

(a) REPORT REQUIRED.—Not later than May 1, 2018, the Secretary of the Navy shall submit to the congressional defense committees a report on maritime intelligence, surveillance, reconnaissance, 

and targeting capabilities. 

(b) COMPREHENSIVE REVIEW.—The report required in subsection 

(a) shall include a comprehensive review of the following elements 

for the 2025 and 2035 timeframes: 

(1) A description of the projected steady-state demands 

for maritime intelligence, surveillance, reconnaissance, and targeting capabilities and capacity in each timeframe, including 

protracted gray-zone or low-intensity confrontations between 

the United States or its allies and potential adversaries such 

as Russia, China, North Korea, and Iran. 

(2) A description of potential warfighting planning scenarios in which maritime intelligence, surveillance, reconnaissance, and targeting capabilities will be required in each prescribed timeframe, including the most demanding such scenario. 

(3) A description of the undersea, surface, and air threats 

for each scenario described in paragraph (2) that will require 

maritime intelligence, surveillance, reconnaissance, and targeting to be conducted in order to achieve warfighting objectives. 

(4) An assessment of the sufficiency of maritime intelligence, surveillance, reconnaissance, and targeting program 

capability and capacity to achieve the warfighting objectives 

described in paragraph (3) in the most demanding scenario 

described in paragraph (2), including the effects of attrition. 

(5) Planned operational concepts, including a High level 

operational concept graphic (OV–1) for each such concept, for 

conducting maritime intelligence, surveillance, reconnaissance, 

and targeting capabilities during steady state operations and 

warfighting scenarios described in paragraph (2), including 

consideration of distributed combat operations in a satellite 

denied environment. 

(6) Specific capability or capacity gaps and risk areas in 

the ability or sufficiency of maritime intelligence, surveillance, 

reconnaissance, and targeting capabilities. 

(7) Potential mitigation or solutions to address the capability and capacity gaps and risk areas identified in paragraph 

(6), including new capabilities, increased capacity, or new operating concepts that could be employed by the Navy. 

(8) A description of the funding amount by fiscal year, 

initial operational capability, and full operational capability 


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for each maritime intelligence, surveillance, reconnaissance, 

and targeting program identified in paragraph (4), based on 

the President’s fiscal year 2019 future years defense program, 

including unfunded and partially funded programs. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 

SEC. 1067. REPORT ON THE NEED FOR A JOINT CHEMICAL-BIOLOGICAL 

DEFENSE LOGISTICS CENTER. 

Not later than March 1, 2018, the Secretary of Defense shall 

submit to the congressional defense committees a report that 

includes the following: 

(1) A description of the operational need and requirement 

for a consolidated Joint Chemical-Biological Defense Logistics 

Center. 

(2) Identification of the specific operational requirements 

for rapid deployment of chemical and biological defense assets 

and the sustainment requirements for maintenance, storage, 

inspection, and distribution of specialized chemical, biological, 

radiological, and nuclear equipment at the Joint ChemicalBiological Defense Logistics Center. 

(3) A definition of program objectives and milestones to 

achieve initial operating capability and full operating capability. 

(4) Estimated facility and personnel resource requirements 

for use in planning, programming, and budgeting. 

(5) An environmental assessment of proposed effects in 

accordance with the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.). 

SEC. 1068. MISSILE TECHNOLOGY CONTROL REGIME CATEGORY I 

UNMANNED AERIAL VEHICLE SYSTEMS. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

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

of State shall jointly submit to the appropriate committees of Congress a report providing an evaluation of the impact to national 

security of current United States policy regarding proliferation of 

complete unmanned aerial vehicle systems under Category I of 

the Missile Technology Control Regime (MTCR). 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) An analysis of Category I unmanned aerial vehicles 

(UAVs) in production globally and the countries that export 

such systems, including the volume and location. 

(2) An evaluation of the impact of the MTCR presumption 

of denial relating to Category I UAVs on identified United 

States security interests, including the presumption’s nonproliferation benefits and the extent to which the presumption 

may foster the growth of foreign UAV providers, reducing 

United States Government influence and the qualitative United 

States technological edge. 

(3) An evaluation of the potential risks and benefits to 

security posed by exports of UAVs, whether or not covered 

by Category I criteria, to identify characteristics that pose 

particular concerns, such as speed, radar cross-section, 

swarming capability, surveillance payload, low observable features, armor, and anti-aircraft countermeasures. 

(4) A discussion of how the evaluation above should inform 

United States Government and allied and partner licensing 


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guidance with respect to the MTCR presumption of denial 

and its potential impacts, United States Government proposals 

for revisions to the MTCR Guidelines, and differences among 

UAVs (Category I, as well as Category II UAVs that pose 

particular concerns). 

(5) Any other matters the Secretaries consider appropriate. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form but may include a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate committees of Congress’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1069. RECOMMENDATIONS FOR INTERAGENCY VETTING OF FOREIGN INVESTMENTS AFFECTING NATIONAL SECURITY. 

(a) PLAN AND RECOMMENDATIONS REQUIRED.—The Secretary 

of Defense, in concurrence with the Secretary of State, the Secretary 

of Treasury, and the Director of National Intelligence, shall assess 

and develop a plan and recommendations for agencies of the United 

States Government, other than the Department of Defense, to 

improve the effectiveness of the interagency vetting of foreign 

investments that could potentially impair the national security 

of the United States. 

(b) OBJECTIVES.—The recommendations required by subsection 

(a) shall have the following objectives: 

(1) To increase collaboration and coordination among agencies of the United States Government in the identification 

and prevention of foreign investments that could potentially 

impair the national security of the United States. 

(2) To increase collaboration and cooperation among the 

United States Government and governments of United States 

allies and partners on investments described in paragraph (1), 

including through information sharing. 

(3) To increase collaboration and cooperation among agencies of the United States Government to identify and mitigate 

potential threats to critical United States technologies from 

foreign state owned or state controlled entities. 

(c) ANALYSIS.—The recommendations required by subsection 

(a) shall be based upon analysis of the following: 

(1) Whether the current interagency vetting processes and 

policies place adequate focus on the potential threats presented 

by influence of the foreign governments over business entities 

seeking investment in the United States. 

(2) The current or projected major vulnerabilities of the 

defense industrial base pertaining to foreign investment, 

including in the areas of cybersecurity, reliance on foreign 

suppliers in the defense supply chain access to materials that 

are essential for national defense, and the use of transportation 

assets and other critical infrastructure for training, mobilizing, 

and deploying forces. 

(3) Whether the current interagency vetting process for 

foreign investments— 


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(A) requires additional resources to be effective; 

(B) permits the interagency establishment adequate 

time to thoroughly review transactions and to conduct 

national security threat assessments; 

(C) assesses the risks posed by transactions before 

they are implemented; and 

(D) provides adequate monitoring and compliance of 

agreements to mitigate such risks. 

(4) The counterintelligence risks posed by purchases or 

leases of Federal land. 

(5) Whether and to what extent industrial espionage is 

occurring against private United States companies to obtain 

commercial secrets related to critical or foundational technologies. 

(6) Whether and to what extent foreseeable foreign investments have the potential to— 

(A) reduce any United States technological or industrial 

advantage of the United States; or 

(B) increase the vulnerability of the United States 

to information operations, including the purposeful dissemination of false or misleading information to the American 

public and the manipulation of American public opinion 

on critical public policy issues. 

(7) Whether currently mandated annual reports to Congress on the interagency vetting of foreign investments should 

be revised to ensure that they provide valuable information. 

(d) CONSIDERATIONS.—The recommendations required by subsection (a) shall take into consideration each of the following: 

(1) Trends in foreign investment transactions, including 

joint ventures, the sale of assets pursuant to bankruptcy, and 

the purchase or lease of real estate in proximity to Government 

installations that could impair national security. 

(2) Strategies used by foreign investors to exploit 

vulnerabilities in existing foreign investment vetting processes 

and regulations. 

(3) Any market distortion or unfair competition incurred 

by foreign transactions that directly or indirectly impairs the 

national security or the United States. 

(e) REPORTS.— 

(1) INTERIM REPORT.—Not later than 90 days after the 

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

shall submit to the appropriate committees of Congress a report 

on the progress of the Secretary in developing the recommendations required by subsection (a). 

(2) FINAL REPORT.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary shall submit to 

the appropriate committees of Congress a report setting forth 

the recommendations developed pursuant to subsection (a). 

(3) FORM.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex. 

(4) APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees of Congress’’ means— 

(A) the Committees on Armed Services of the Senate 

and the House of Representatives; 

(B) the Committee on Foreign Affairs of the House 

of Representatives; 

(C) the Committee on Foreign Relations of the Senate; 


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(D) the Committee on Financial Services of the House 

of Representatives; 

(E) the Committee on Finance of the Senate; 

(F) the Permanent Select Committee on Intelligence 

of the House of Representatives; and 

(G) the Select Committee on Intelligence of the Senate. 

SEC. 1070. BRIEFING ON PRIOR ATTEMPTED RUSSIAN CYBER ATTACKS 

AGAINST DEFENSE SYSTEMS. 

Not later than 90 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 Senate and House of Representatives a briefing 

on all attempts to breach, intrude, or otherwise hack into Department of Defense systems that— 

(1) occurred during the last 24-month period ending on 

the date of the enactment of this Act; and 

(2) were attributable either to the government of the Russian Federation or actors substantially supported by the government of the Russian Federation. 

SEC. 1071. ENHANCED ANALYTICAL AND MONITORING CAPABILITY OF 

THE DEFENSE INDUSTRIAL BASE. 

(a) PROCESS.— (1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Secretary of Defense shall establish 

a process, or designate an existing process, for enhancing the 

ability of the Department of Defense to analyze, assess, and 

monitor the vulnerabilities of, and concentration of purchases 

in, the defense industrial base. 

(2) ELEMENTS.—The process required by subsection (a) 

shall include the following elements: 

(A) Designation of a senior official responsible for overseeing the development and implementation of the process. 

(B) Development or integration of tools to support 

commercial due diligence and business intelligence or to 

otherwise analyze and monitor commercial activity to 

understand business relationships affecting the defense 

industrial base. 

(C) Development of risk profiles of products, services, 

or entities based on business intelligence, commercial due 

diligence tools and data services. 

(D) As the Secretary determines necessary, integration 

with intelligence sources to develop threat profiles of entities attempting transactions with a defense industrial base 

companies. 

(E) Other matters as the Secretary deems necessary. 

(3) NOTIFICATION.—Not later than 90 days after establishing or designating the process required by subsection (a), 

the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice in 

writing that such process has been established or otherwise 

designated. Such notification shall include the following: 

(A) Identification of the official required to be designated under paragraph (2)(A). 

(B) Identification of the tools described in paragraph 

(2)(B) that are currently available to Department of Defense 

and any other tools available commercially or otherwise 

10 USC 2501 

note. 


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that might contribute to enhancing the analytic capability 

of the process. 

(C) Identification of, or recommendations for, any statutory changes needed to improve the effectiveness of the 

process. 

(D) Projected resources necessary to purchase any 

commercially available tools identified under subparagraph 

(B) and to carry out any statutory changes identified under 

subparagraph (C). 

(b) REPORTING.— (1) CONSOLIDATED REPORT ON VULNERABILITIES OF, AND

CONCENTRATION OF PURCHASES IN, THE DEFENSE INDUSTRIAL

BASE.— (A) REPORT REQUIRED.—For each of fiscal years 2018 

through 2023, the Secretary of Defense shall submit to 

the appropriate congressional committees a consolidated 

report that combines all of the reports required to be provided to Congress for that fiscal year on the adequacy 

of, vulnerabilities of, and concentration of purchases in 

the defense industrial sector. Such consolidated report shall 

include each of the following: 

(i) The report required under section 721(m) of 

the Defense Production Act of 1950 (50 U.S.C. 4565(m)) 

(relating to concentrations of purchases of the defense 

industrial base). 

(ii) The report required under section 723(a) of 

the Defense Production Act of 1950 (50 U.S.C. 4568(a)) 

(relating to offsets in defense production). 

(iii) The report required under section 2504 of 

title 10, United States Code (relating to annual industrial capabilities). 

(iv) Any other reports the Secretary determines 

appropriate. 

(B) DEADLINE.—A consolidated report under subparagraph (A) shall be submitted by not later than March 

31 of the fiscal year following the fiscal year for which 

the report is submitted. 

(2) REVIEW OF TECHNOLOGY PROTECTION POLICY.—Not later 

than 270 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the appropriate 

congressional committees a report describing any need for 

reforms of policies governing the export of technology or related 

intellectual property, along with any proposed legislative 

changes the Secretary believes are necessary. 

(3) FORM OF REPORTS.—Each report submitted under this 

subsection shall be in unclassified form, but may contain a 

classified annex. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Financial Services, the Committee on Foreign Affairs, 

and the Permanent Select Committee on Intelligence of 

the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Banking, Housing, and Urban Affairs, the Committee 

on Foreign Relations, and the Select Committee on Intelligence of the Senate. 


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SEC. 1072. REPORT ON DEFENSE OF COMBAT LOGISTICS AND STRATEGIC MOBILITY FORCES. 

(a) REPORT REQUIRED.—Not later than April 1, 2018, 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 defense of combat logistics and strategic mobility forces. 

(b) COVERED PERIODS.—The report required by subsection (a) 

shall cover two periods: 

(1) The period from 2018 through 2025. 

(2) The period from 2026 through 2035. 

(c) ELEMENTS.—The report required by subsection (a) shall 

include, for each of the periods covered by the report, the following: 

(1) A description of potential warfighting planning scenarios in which combat logistics and strategic mobility forces 

will be threatened, including the most demanding operational 

plan requiring such forces. 

(2) A description of the combat logistics and strategic 

mobility forces capacity, including additional combat logistics 

and strategic mobility forces, that may be required due to 

losses from attacks under each scenario described pursuant 

to paragraph (1). 

(3) A description of the projected capability and capacity 

of subsurface threats to combat logistics and strategic mobility 

forces for each scenario described pursuant to paragraph (1). 

(4) A description of planned operating concepts for 

defending combat logistics and strategic mobility forces from 

subsurface, surface, and air threats for each scenario described 

pursuant to paragraph (1). 

(5) An assessment of the ability and availability of United 

States naval forces to defend combat logistics and strategic 

mobility forces from the threats described pursuant to paragraph (1), while also accomplishing other assigned missions, 

for each scenario described pursuant to that paragraph. 

(6) A description of specific capability gaps or risk areas 

in the ability or availability of United States naval forces to 

defend combat logistics and strategic mobility forces from the 

threats described pursuant to paragraph (1). 

(7) A description and assessment of potential solutions 

to address the capability gaps and risk areas identified pursuant to paragraph (6), including new capabilities, increased 

capacity, or new operating concepts that could be employed 

by United States naval forces. 

(d) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(e) COMBAT LOGISTICS AND STRATEGIC MOBILITY FORCES

DEFINED.—In this section, the term ‘‘combat logistics and strategic 

mobility forces’’ means the combat logistics force, the Ready Reserve 

Force, and the Military Sealift Command surge fleet. 

SEC. 1073. REPORT ON ACQUISITION STRATEGY TO RECAPITALIZE THE 

EXISTING SYSTEM FOR UNDERSEA FIXED SURVEILLANCE. 

(a) IN GENERAL.—Not later than 60 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 the acquisition 

strategy to recapitalize the existing system for undersea fixed 

surveillance. 


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(b) ELEMENTS.—The report required by subsection (a) shall 

address the following matters: 

(1) A description of undersea fixed surveillance system 

recapitalization requirements, including key performance 

parameters and key system attributes as applicable. 

(2) Cost estimates for procuring a future system or systems. 

(3) Projected dates for key milestones within the acquisition 

strategy. 

(4) A description of how the acquisition strategy will 

improve performance in the areas of detection and localization 

compared to the legacy system to enable effective performance 

against current, emerging, and future threats over the life 

of the systems. 

(5) A description of how the acquisition strategy will 

encourage competition and reward innovation for addressing 

system performance requirements. 

SEC. 1074. REPORT ON IMPLEMENTATION OF REQUIREMENTS IN 

CONNECTION WITH THE ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPECIAL OPERATIONS. 

(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 Committees on Armed Services of the Senate and the House 

of Representatives a report on 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 (in this section collectively referred to as the ‘‘covered 

authority’’). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A statement of the responsibilities of the Assistant 

Secretary of Defense for Special Operations and Low Intensity 

Conflict that is consistent with the covered authority, including 

an identification of any responsibilities to be divested by the 

Assistant Secretary pursuant to the covered authority. 

(2) A resource-unconstrained analysis of manpower requirements necessary to satisfy the responsibilities akin to those 

of the Secretary of a military department that are specified 

by the covered authority. 

(3) An accounting of civilian, military, and contractor personnel currently assigned to the fulfillment of the responsibilities akin to those of the Secretary of a military department 

that are specified by the covered authority, including responsibilities relating to budget, personnel, programs and requirements, acquisition, and special access programs. 

(4) A description of actions taken to implement the covered 

authority as of the date of the report, including the assignment 

of any additional civilian, military, or contractor personnel to 

fulfill additional responsibilities akin to those of the Secretary 

of a military department that are specified by the covered 

authority. 

(5) An explanation how the responsibilities akin to those 

of the Secretary of a military department that assigned to 

the Assistant Secretary by the covered authority will be fulfilled 

in the absence of additional personnel being assigned to the 

office of the Assistant Secretary. 


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(6) An assessment of whether the responsibilities specified 

in section 138(b)(4) of title 10, United States Code, could be 

accomplished more effectively if the Assistant Secretary of 

Defense for Special Operations and Low Intensity Conflict were 

elevated to an Under Secretary, including the potential benefits 

and negative consequences of such a change. 

(7) Any other matters the Secretary considers appropriate. 

SEC. 1075. REPORT ON THE GLOBAL FOOD SYSTEM AND 

VULNERABILITIES RELEVANT TO DEPARTMENT OF 

DEFENSE MISSIONS. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall, in 

consultation with the heads of such components of the Department 

of Defense as the Secretary considers appropriate, submit to the 

congressional defense committees an assessment of Department 

of Defense policies and operational plans for addressing the national 

security implications of global food system vulnerabilities. 

(b) CONTENTS.—The report required by subsection (a) shall 

include, at a minimum, the following: 

(1) An evaluation of vulnerabilities in the global food 

system that may affect the national security of the United 

States and the Department of Defense roles, missions, and 

capabilities in addressing such vulnerabilities, including 

information technology, data management, and surveillance 

capabilities for detection and assessment of food system shocks 

with the potential to result in the deployment of the Armed 

Forces or directly affect bilateral security interests with allies 

or partners. 

(2) A characterization of how Department of Defense 

strategy, policies, and plans, including the Unified Command 

Plan, defense planning scenarios, operational plans, theater 

cooperation plans, and other relevant planning documents and 

procedures, account for food system vulnerabilities as precursors to and components of protracted major state conflicts, 

civil wars, insurgencies, or terrorism. 

(3) An evaluation of United States interests, including the 

interests of allies and strategic partners, and potential United 

States military operations, including thresholds for ordering 

such operations, in regions where food system instability represents an urgent and growing threat, including due to the 

presence of destabilizing non-state actors who may weaponize 

access to food. 

(4) An identification of opportunities to initiate or further 

develop cooperative military-to-military relationships to build 

partner capacity to avoid, minimize, or control global and 

regional food system shocks. 

Subtitle G—Modernizing Government 

Technology 

SEC. 1076. DEFINITIONS. 

In this subtitle: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of General Services. 

40 USC 11301 

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(2) BOARD.—The term ‘‘Board’’ means the Technology Modernization Board established under section 1094(c)(1). 

(3) CLOUD COMPUTING.—The term ‘‘cloud computing’’ has 

the meaning given the term by the National Institute of Standards and Technology in NIST Special Publication 800–145 and 

any amendatory or superseding document thereto. 

(4) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the Office of Management and Budget. 

(5) FUND.—The term ‘‘Fund’’ means the Technology Modernization Fund established under section 1094(b)(1). 

(6) INFORMATION TECHNOLOGY.—The term ‘‘information 

technology’’ has the meaning given the term in section 3502 

of title 44, United States Code. 

(7) IT WORKING CAPITAL FUND.—The term ‘‘IT working capital fund’’ means an information technology system modernization and working capital fund established under section 

1093(b)(1). 

(8) LEGACY INFORMATION TECHNOLOGY SYSTEM.—The term 

‘‘legacy information technology system’’ means an outdated or 

obsolete system of information technology. 

SEC. 1077. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY 

SYSTEMS MODERNIZATION AND WORKING CAPITAL 

FUNDS. 

(a) DEFINITION.—In this section, the term ‘‘covered agency’’ 

means each agency listed in section 901(b) of title 31, United 

States Code. 

(b) INFORMATION TECHNOLOGY SYSTEM MODERNIZATION AND

WORKING CAPITAL FUNDS.— 

(1) ESTABLISHMENT.—The head of a covered agency may 

establish within the covered agency an information technology 

system modernization and working capital fund for necessary 

expenses described in paragraph (3). 

(2) SOURCE OF FUNDS.—The following amounts may be 

deposited into an IT working capital fund: 

(A) Reprogramming and transfer of funds made available in appropriations Acts enacted after the date of enactment of this Act, including the transfer of any funds for 

the operation and maintenance of legacy information technology systems, in compliance with any applicable reprogramming law or guidelines of the Committees on 

Appropriations of the Senate and the House of Representatives or transfer authority specifically provided in appropriations law. 

(B) Amounts made available to the IT working capital 

fund through discretionary appropriations made available 

after the date of enactment of this Act. 

(3) USE OF FUNDS.—An IT working capital fund established 

under paragraph (1) may only be used— 

(A) to improve, retire, or replace existing information 

technology systems in the covered agency to enhance cybersecurity and to improve efficiency and effectiveness across 

the life of a given workload, procured using full and open 

competition among all commercial items to the greatest 

extent practicable; 

(B) to transition legacy information technology systems 

at the covered agency to commercial cloud computing and 

40 USC 11301 

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other innovative commercial platforms and technologies, 

including those serving more than 1 covered agency with 

common requirements; 

(C) to assist and support covered agency efforts to 

provide adequate, risk-based, and cost-effective information 

technology capabilities that address evolving threats to 

information security; 

(D) to reimburse funds transferred to the covered 

agency from the Fund with the approval of the Chief 

Information Officer, in consultation with the Chief Financial Officer, of the covered agency; and 

(E) for a program, project, or activity or to increase 

funds for any program, project, or activity that has not 

been denied or restricted by Congress. 

(4) EXISTING FUNDS.—An IT working capital fund may not 

be used to supplant funds provided for the operation and 

maintenance of any system within an appropriation for the 

covered agency at the time of establishment of the IT working 

capital fund. 

(5) PRIORITIZATION OF FUNDS.—The head of each covered 

agency— 

(A) shall prioritize funds within the IT working capital 

fund of the covered agency to be used initially for cost 

savings activities approved by the Chief Information Officer 

of the covered agency; and 

(B) may reprogram and transfer any amounts saved 

as a direct result of the cost savings activities approved 

under clause (i) for deposit into the IT working capital 

fund of the covered agency, consistent with paragraph 

(2)(A). 

(6) AVAILABILITY OF FUNDS.— 

(A) IN GENERAL.—Any funds deposited into an IT 

working capital fund shall be available for obligation for 

the 3-year period beginning on the last day of the fiscal 

year in which the funds were deposited. 

(B) TRANSFER OF UNOBLIGATED AMOUNTS.—Any 

amounts in an IT working capital fund that are unobligated 

at the end of the 3-year period described in subparagraph 

(A) shall be transferred to the general fund of the Treasury. 

(7) AGENCY CIO RESPONSIBILITIES.—In evaluating projects 

to be funded by the IT working capital fund of a covered 

agency, the Chief Information Officer of the covered agency 

shall consider, to the extent applicable, guidance issued under 

section 1094(b)(1) to evaluate applications for funding from 

the Fund that include factors including a strong business case, 

technical design, consideration of commercial off-the-shelf products and services, procurement strategy (including adequate 

use of rapid, iterative software development practices), and 

program management. 

(c) REPORTING REQUIREMENT.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, and every 6 months thereafter, the 

head of each covered agency shall submit to the Director, with 

respect to the IT working capital fund of the covered agency— 

(A) a list of each information technology investment 

funded, including the estimated cost and completion date 

for each investment; and 


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(B) a summary by fiscal year of obligations, expenditures, and unused balances. 

(2) PUBLIC AVAILABILITY.—The Director shall make the 

information submitted under paragraph (1) publicly available 

on a website. 

SEC. 1078. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND 

AND BOARD. 

(a) DEFINITION.—In this section, the term ‘‘agency’’ has the 

meaning given the term in section 551 of title 5, United States 

Code. 

(b) TECHNOLOGY MODERNIZATION FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury 

a Technology Modernization Fund for technology-related activities, to improve information technology, to enhance cybersecurity across the Federal Government, and to be administered 

in accordance with guidance issued by the Director. 

(2) ADMINISTRATION OF FUND.—The Administrator, in consultation with the Chief Information Officers Council and with 

the approval of the Director, shall administer the Fund in 

accordance with this subsection. 

(3) USE OF FUNDS.—The Administrator shall, in accordance 

with recommendations from the Board, use amounts in the 

Fund— 

(A) to transfer such amounts, to remain available until 

expended, to the head of an agency for the acquisition 

of products and services, or the development of such products and services when more efficient and cost effective, 

to improve, retire, or replace existing Federal information 

technology systems to enhance cybersecurity and privacy 

and improve long-term efficiency and effectiveness; 

(B) to transfer such amounts, to remain available until 

expended, to the head of an agency for the operation and 

procurement of information technology products and services, or the development of such products and services 

when more efficient and cost effective, and acquisition 

vehicles for use by agencies to improve Governmentwide 

efficiency and cybersecurity in accordance with the requirements of the agencies; 

(C) to provide services or work performed in support 

of— 

(i) the activities described in subparagraph (A) 

or (B); and 

(ii) the Board and the Director in carrying out 

the responsibilities described in subsection (c)(2); and 

(D) to fund only programs, projects, or activities or 

to fund increases for any programs, projects, or activities 

that have not been denied or restricted by Congress. 

(4) AUTHORIZATION OF APPROPRIATIONS; CREDITS; AVAILABILITY OF FUNDS.— 

(A) AUTHORIZATION OF APPROPRIATIONS.—There is 

authorized to be appropriated to the Fund $250,000,000 

for each of fiscal years 2018 and 2019. 

(B) CREDITS.—In addition to any funds otherwise 

appropriated, the Fund shall be credited with all 

reimbursements, advances, or refunds or recoveries relating 

40 USC 11301 

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to information technology or services provided for the purposes described in paragraph (3). 

(C) AVAILABILITY OF FUNDS.—Amounts deposited, credited, or otherwise made available to the Fund shall be 

available until expended for the purposes described in paragraph (3). 

(5) REIMBURSEMENT.— (A) REIMBURSEMENT BY AGENCY.— (i) IN GENERAL.—The head of an agency shall 

reimburse the Fund for any transfer made under 

subparagraph (A) or (B) of paragraph (3), including 

any services or work performed in support of the 

transfer under paragraph (3)(C), in accordance with 

the terms established in a written agreement described 

in paragraph (6). 

(ii) REIMBURSEMENT FROM SUBSEQUENT APPROPRIATIONS.—Notwithstanding any other provision of law, 

an agency may make a reimbursement required under 

clause (i) from any appropriation made available after 

the date of enactment of this Act for information technology activities, consistent with any applicable reprogramming law or guidelines of the Committees on 

Appropriations of the Senate and the House of Representatives. 

(iii) RECORDING OF OBLIGATION.—Notwithstanding 

section 1501 of title 31, United States Code, an obligation to make a payment under a written agreement 

described in paragraph (6) in a fiscal year after the 

date of enactment of this Act shall be recorded in 

the fiscal year in which the payment is due. 

(B) PRICES FIXED BY ADMINISTRATOR.— 

(i) IN GENERAL.—The Administrator, in consultation with the Director, shall establish amounts to be 

paid by an agency under this paragraph and the terms 

of repayment for activities funded under paragraph 

(3), including any services or work performed in support of that development under paragraph (3)(C), at 

levels sufficient to ensure the solvency of the Fund, 

including operating expenses. 

(ii) REVIEW AND APPROVAL.—Before making any 

changes to the established amounts and terms of repayment, the Administrator shall conduct a review and 

obtain approval from the Director. 

(C) FAILURE TO MAKE TIMELY REIMBURSEMENT.—The 

Administrator may obtain reimbursement from an agency 

under this paragraph by the issuance of transfer and 

counterwarrants, or other lawful transfer documents, supported by itemized bills, if payment is not made by the 

agency during the 90-day period beginning after the expiration of a repayment period described in a written agreement 

described in paragraph (6). 

(6) WRITTEN AGREEMENT.— 

(A) IN GENERAL.—Before the transfer of funds to an 

agency under subparagraphs (A) and (B) of paragraph (3), 

the Administrator, in consultation with the Director, and 

the head of the agency shall enter into a written agreement— 


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(i) documenting the purpose for which the funds 

will be used and the terms of repayment, which may 

not exceed 5 years unless approved by the Director; 

and 

(ii) which shall be recorded as an obligation as 

provided in paragraph (5)(A). 

(B) REQUIREMENT FOR USE OF INCREMENTAL FUNDING, COMMERCIAL PRODUCTS AND SERVICES, AND RAPID, ITERATIVE DEVELOPMENT PRACTICES.—The Administrator 

shall ensure— 

(i) for any funds transferred to an agency under 

paragraph (3)(A), in the absence of compelling circumstances documented by the Administrator at the 

time of transfer, that such funds shall be transferred 

only on an incremental basis, tied to metric-based 

development milestones achieved by the agency 

through the use of rapid, iterative, development processes; and 

(ii) that the use of commercial products and services are incorporated to the greatest extent practicable 

in activities funded under subparagraphs (A) and (B) 

of paragraph (3), and that the written agreement 

required under paragraph (6) documents this preference. 

(7) REPORTING REQUIREMENTS.— 

(A) LIST OF PROJECTS.— 

(i) IN GENERAL.—Not later than 6 months after 

the date of enactment of this Act, the Director shall 

maintain a list of each project funded by the Fund, 

to be updated not less than quarterly, that includes 

a description of the project, project status (including 

any schedule delay and cost overruns), financial 

expenditure data related to the project, and the extent 

to which the project is using commercial products and 

services, including if applicable, a justification of why 

commercial products and services were not used and 

the associated development and integration costs of 

custom development. 

(ii) PUBLIC AVAILABILITY.—The list required under 

clause (i) shall be published on a public website in 

a manner that is, to the greatest extent possible, consistent with applicable law on the protection of classified information, sources, and methods. 

(B) COMPTROLLER GENERAL REPORTS.—Not later than 

2 years after the date of enactment of this Act, and every 

2 years thereafter, the Comptroller General of the United 

States shall submit to Congress and make publically available a report assessing— 

(i) the costs associated with establishing the Fund 

and maintaining the oversight structure associated 

with the Fund compared with the cost savings associated with the projects funded both annually and over 

the life of the acquired products and services by the 

Fund; 

(ii) the reliability of the cost savings estimated 

by agencies associated with projects funded by the 

Fund; 


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(iii) whether agencies receiving transfers of funds 

from the Fund used full and open competition to 

acquire the custom development of information technology products or services; and 

(iv) the number of IT procurement, development, 

and modernization programs, offices, and entities in 

the Federal Government, including 18F and the United 

States Digital Services, the roles, responsibilities, and 

goals of those programs and entities, and the extent 

to which they duplicate work. 

(c) TECHNOLOGY MODERNIZATION BOARD.— 

(1) ESTABLISHMENT.—There is established a Technology 

Modernization Board to evaluate proposals submitted by agencies for funding authorized under the Fund. 

(2) RESPONSIBILITIES.—The responsibilities of the Board 

are— 

(A) to provide input to the Director for the development 

of processes for agencies to submit modernization proposals 

to the Board and to establish the criteria by which those 

proposals are evaluated, which shall include— 

(i) addressing the greatest security, privacy, and 

operational risks; 

(ii) having the greatest Governmentwide impact; 

and 

(iii) having a high probability of success based 

on factors including a strong business case, technical 

design, consideration of commercial off-the-shelf products and services, procurement strategy (including adequate use of rapid, agile iterative software development 

practices), and program management; 

(B) to make recommendations to the Administrator 

to assist agencies in the further development and refinement of select submitted modernization proposals, based 

on an initial evaluation performed with the assistance of 

the Administrator; 

(C) to review and prioritize, with the assistance of 

the Administrator and the Director, modernization proposals based on criteria established pursuant to subparagraph (A); 

(D) to identify, with the assistance of the Administrator, opportunities to improve or replace multiple 

information technology systems with a smaller number 

of information technology services common to multiple 

agencies; 

(E) to recommend the funding of modernization 

projects, in accordance with the uses described in subsection (b)(3), to the Administrator; 

(F) to monitor, in consultation with the Administrator, 

progress and performance in executing approved projects 

and, if necessary, recommend the suspension or termination of funding for projects based on factors including 

the failure to meet the terms of a written agreement 

described in subsection (b)(6); and 

(G) to monitor the operating costs of the Fund. 

(3) MEMBERSHIP.—The Board shall consist of 7 voting members. 


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(4) CHAIR.—The Chair of the Board shall be the Administrator of the Office of Electronic Government. 

(5) PERMANENT MEMBERS.—The permanent members of the 

Board shall be— 

(A) the Administrator of the Office of Electronic 

Government; and 

(B) a senior official from the General Services Administration having technical expertise in information technology 

development, appointed by the Administrator, with the 

approval of the Director. 

(6) ADDITIONAL MEMBERS OF THE BOARD.— 

(A) APPOINTMENT.—The other members of the Board 

shall be— 

(i) 1 employee of the National Protection and Programs Directorate of the Department of Homeland 

Security, appointed by the Secretary of Homeland 

Security; and 

(ii) 4 employees of the Federal Government primarily having technical expertise in information technology development, financial management, cybersecurity and privacy, and acquisition, appointed by the 

Director. 

(B) TERM.—Each member of the Board described in 

paragraph (A) shall serve a term of 1 year, which shall 

be renewable not more than 4 times at the discretion 

of the appointing Secretary or Director, as applicable. 

(7) PROHIBITION ON COMPENSATION.—Members of the Board 

may not receive additional pay, allowances, or benefits by reason of their service on the Board. 

(8) STAFF.—Upon request of the Chair of the Board, the 

Director and the Administrator may detail, on a reimbursable 

or nonreimbursable basis, any employee of the Federal Government to the Board to assist the Board in carrying out the 

functions of the Board. 

(d) RESPONSIBILITIES OF ADMINISTRATOR.— 

(1) IN GENERAL.—In addition to the responsibilities 

described in subsection (b), the Administrator shall support 

the activities of the Board and provide technical support to, 

and, with the concurrence of the Director, oversight of, agencies 

that receive transfers from the Fund. 

(2) RESPONSIBILITIES.—The responsibilities of the Administrator are— 

(A) to provide direct technical support in the form 

of personnel services or otherwise to agencies transferred 

amounts under subsection (b)(3)(A) and for products, services, and acquisition vehicles funded under subsection 

(b)(3)(B); 

(B) to assist the Board with the evaluation, 

prioritization, and development of agency modernization 

proposals. 

(C) to perform regular project oversight and monitoring 

of approved agency modernization projects, in consultation 

with the Board and the Director, to increase the likelihood 

of successful implementation and reduce waste; and 

(D) to provide the Director with information necessary 

to meet the requirements of subsection (b)(7). 


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(e) EFFECTIVE DATE.—This section shall take effect on the 

date that is 90 days after the date of enactment of this Act. 

(f) SUNSET.— 

(1) IN GENERAL.—On and after the date that is 2 years 

after the date on which the Comptroller General of the United 

States issues the third report required under subsection 

(b)(7)(B), the Administrator may not award or transfer funds 

from the Fund for any project that is not already in progress 

as of such date. 

(2) TRANSFER OF UNOBLIGATED AMOUNTS.—Not later than 

90 days after the date on which all projects that received 

an award from the Fund are completed, any amounts in the 

Fund shall be transferred to the general fund of the Treasury 

and shall be used for deficit reduction. 

(3) TERMINATION OF TECHNOLOGY MODERNIZATION BOARD.— 

Not later than 90 days after the date on which all projects 

that received an award from the Fund are completed, the 

Technology Modernization Board and all the authorities of subsection (c) shall terminate. 

Subtitle H—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) Section 113(j)(1) is amended by striking ‘‘the Committee 

on’’ the first place it appears and all that follows through 

‘‘of Representatives’’ and inserting ‘‘congressional defense 

committees’’. 

(2) Section 115(i)(9) is amended by striking ‘‘section 1203(b) 

of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 

5952(b))’’ and inserting ‘‘section 1321(a) of the Department of 

Defense Cooperative Threat Reduction Act (50 U.S.C. 3711(a))’’. 

(3) Section 122a(a) is amended by striking ‘‘acting through 

the Office of the Assistant Secretary of Defense for Public 

Affairs’’ and inserting ‘‘acting through the Assistant to the 

Secretary of Defense for Public Affairs’’. 

(4) Section 127(c)(1) is amended by striking ‘‘the Committee 

on’’ the first place it appears and all that follows through 

‘‘of Representatives’’ and inserting ‘‘congressional defense 

committees’’. 

(5) Section 129a(b) is amended by striking ‘‘(as identified 

pursuant to section 118b of this title)’’. 

(6) Section 130f(b)(1) is amended by adding a period at 

the end. 

(7) Section 139b(c)(2) is amended by inserting a period 

at the end of subparagraph (K). 

(8) Section 153(a) is amended by inserting a colon after 

‘‘the following’’ in the matter preceding paragraph (1). 

(9) Section 162(a)(4) is amended by striking the comma 

after ‘‘command of’’. 

(10) Section 164(a)(1)(B) is amended by striking ‘‘section 

664(f)’’ and inserting ‘‘section 664(d)’’. 

(11) Section 166(c) is amended by striking ‘‘section 2011’’ 

and inserting ‘‘section 322’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1595 

(12) Section 167b(e)(2)(A)(iii)(II) is amended by striking 

‘‘Fiscal Year 2014’’ and inserting ‘‘Fiscal Year 2016’’. 

(13) Section 171a is amended— 

(A) in subsection (f), by striking ‘‘(4))’’ and inserting 

‘‘(4)))’’; and 

(B) in subsection (i)(3), by striking ‘‘section 2366(e)’’ 

and inserting ‘‘sections 2366(e) and 2366a(d)’’. 

(14) Section 179(f)(3)(B)(iii) is amended by striking ‘‘Joints’’ 

and inserting ‘‘Joint’’. 

(15) Section 181(b)(1) is amended by striking ‘‘section 118’’ 

and inserting ‘‘section 113(g)’’. 

(16) Section 222(b) is amended by striking ‘‘both’’ through 

the period at the end and inserting ‘‘major force programs.’’. 

(17) Section 342(j)(2) is amended by striking the second 

period at the end. 

(18) Section 347(a)(1)(A) is amended by inserting ‘‘section’’ 

in clauses (i) and (iii) after ‘‘Academy under’’. 

(19) Section 494(b)(2)(B) is amended by striking ‘‘of title 

10’’ and inserting ‘‘of this title’’. 

(20) Section 661(c) is amended by striking ‘‘section 664(f)’’ 

in paragraphs (1)(B)(i) and (3)(A) and inserting ‘‘section 664(d)’’. 

(21) Section 801 (article 1 of the Uniform Code of Military 

Justice) is amended in the matter preceding paragraph (1) 

by striking ‘‘chapter:’’ and inserting ‘‘chapter (the Uniform Code 

of Military Justice):’’. 

(22) Section 806b(b) (article 6b(b) of the Uniform Code 

of Military Justice) is amended by striking ‘‘(the Uniform Code 

of Military Justice)’’. 

(23) Section 1073c(a)(1)(E) is amended by striking ‘‘miliary’’ 

and inserting ‘‘military’’. 

(24) Section 1074g(a)(9) is amended by moving subparagraphs (B) and (C) two ems to the left. 

(25) Section 1451 is amended in subsections (a) and (b) 

by striking ‘‘section 1450(a)(4)’’ each place it appears and 

inserting ‘‘section 1450(a)(5)’’. 

(26) Section 1452(c) is amended in paragraphs (1) and 

(3) by striking ‘‘section 1450(a)(4)’’ both places it appears and 

inserting ‘‘section 1450(a)(5)’’. 

(27) Subsection (i) of section 1552, as redesignated by section 511(a)(1) of this Act, is amended by striking ‘‘calender’’ 

each place it appears and inserting ‘‘calendar’’. 

(28) Section 1553(f) is amended by striking ‘‘calender’’ each 

place it appears and inserting ‘‘calendar’’. 

(29) Section 2264(b)(3) is amended by striking ‘‘the date 

of the’’ and all the follows through ‘‘2015’’ and inserting 

‘‘December 19, 2014’’. 

(30) Section 2330a is amended— 

(A) in subsection (d)(1)(C), by striking ‘‘management.;’’ 

and inserting ‘‘management;’’; and 

(B) in subsection (h)— 

(i) in paragraph (1), by inserting ‘‘PERFORMANCEBASED.—’’ after ‘‘(1)’’; 

(ii) by designating the four paragraphs after paragraph (4) as paragraphs (5), (6), (7), and (8), respectively; 


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131 STAT. 1596 PUBLIC LAW 115–91—DEC. 12, 2017 

(iii) in paragraph (5), as redesignated, by inserting 

‘‘SERVICE ACQUISITION PORTFOLIO GROUPS.—’’ after 

‘‘(5)’’; and 

(iv) in paragraph (6), as redesignated, by inserting 

‘‘STAFF AUGMENTATION CONTRACTS.—’’ after ‘‘(6)’’. 

(31) Section 2334(a)(6)(B) is amended by adding a semicolon 

at the end. 

(32) Section 2335 is amended by striking ‘‘(2 U.S.C. 431 

et seq.)’’ in subsections (c)(1) and (d)(3) and inserting ‘‘(52 

U.S.C. 30101 et seq.)’’. 

(33) The table of sections at the beginning of chapter 139 

is amended by inserting at period at the end of the items 

relating to sections 2372 and 2372a. 

(34) Section 2364(a)(6) is amended by striking ‘‘conveys’’ 

and inserting ‘‘convey’’. 

(35) Section 2372 is amended by striking ‘‘subsection 

(c)(3)(A)’’ and inserting ‘‘subsection (c)(2)(A)’’. 

(36) Section 2411(1)(D) is amended by striking ‘‘(Public 

Law 93–638; 25 U.S.C. 450b(l))’’ and inserting ‘‘(25 U.S.C. 

5304(l))’’. 

(37) The item relating to section 2431b in the table of 

sections at the beginning of chapter 144 is amended to read 

as follows: 

‘‘2431b. Risk management and mitigation in major defense acquisition programs 

and major systems.’’. 

(38) Section 2430 is amended by striking ‘‘subsection (a)(2)’’ 

in subsections (b) and (c) and inserting ‘‘subsection (a)(1)(B)’’. 

(39) Section 2431a(d) is amended by inserting ‘‘(1)’’ after 

‘‘REVIEW.—’’. 

(40) Section 2446b(e) is amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘in writing that—’’ and inserting ‘‘in writing—’’; and 

(B) in paragraph (1), by inserting ‘‘, that’’ after ‘‘open 

system approach’’. 

(41) Section 2548(e) is amended— 

(A) by striking ‘‘REQUIREMENTS’’ and all that follows 

through ‘‘by the Secretary’’ and inserting ‘‘REQUIREMENT.— 

The annual report prepared by the Secretary’’; 

(B) by striking ‘‘system; and’’ and inserting ‘‘system.’’; 

and 

(C) by striking paragraph (2). 

(42) The table of sections at the beginning of chapter 152 

is amended by inserting a period at the end of the item relating 

to section 2567. 

(43) Section 2576a(b) is amended by striking ‘‘and’’ at the 

end of paragraph (4). 

(44) Section 2612(a) is amended by striking ‘‘section 

2166(f)(4)’’ and inserting ‘‘section 343(f)(4)’’. 

(45) Section 2662(f)(1)(D) is amended by striking ‘‘section 

334’’ and inserting ‘‘section 254’’. 

(46) Section 2667(e) is amended— 

(A) in paragraph (1)(E), by striking ‘‘military museum 

described in section 489(a) of this title’’ and inserting ‘‘military museum’’; 

(B) in paragraph (4), by striking ‘‘before January 1, 

2005, shall be deposited into the account’’ and inserting 

10 USC 2551 

prec. 

10 USC 2430 

prec. 

10 USC 2351 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1597 

‘‘shall be deposited into the Department of Defense Base 

Closure Account’’; and 

(C) by striking paragraph (5). 

(47) Section 2667(k) is amended by striking ‘‘section 9101’’ 

and inserting ‘‘section 8101’’. 

(48) Section 2925(b)(1) is amended by striking ‘‘section 

138c’’ and inserting ‘‘section 2926(b)’’. 

(49) Chapter 449 is amended— 

(A) by striking the second section 4781; and 

(B) in the table of sections, by striking the item relating 

to the second section 4781. 

(50) Section 7235(e)(2) is amended by striking ‘‘24 months 

after the date of the enactment of this section’’ and inserting 

‘‘November 25, 2017,’’. 

(51) The item relating to section 9517 in the table of 

sections at the beginning of chapter 931 is amended by making 

the first letter of the third word lower case. 

(b) AMENDMENTS RELATED TO REPEAL OF PENDING AUTHORITY

TO ESTABLISH UNDER SECRETARY OF DEFENSE FOR BUSINESS

MANAGEMENT AND INFORMATION.— 

(1) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2015.—Effective as of December 23, 2016, section 901 of the 

Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 

128 Stat. 3462), as amended by section 901(d) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 

114–328; 130 Stat. 2342), is further amended— 

(A) by striking subsection (j); 

(B) in subsection (l)(1), by striking subparagraph (A); 

(C) in subsection (m), by striking paragraphs (1) and 

(2); and 

(D) in subsection (n), by striking paragraph (1). 

(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2016.—Effective as of November 25, 2015, subsection (f) of section 883 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92), as added by section 1081(c)(5) 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328), is amended by striking paragraph (1). 

(c) TECHNICAL CORRECTIONS RELATED TO UNIFORM CODE OF

MILITARY JUSTICE REFORM.— 

(1) IN GENERAL.—Chapter 47 of title 10, United States 

Code (the Uniform Code of Military Justice), as amended by 

the Military Justice Act of 2016 (division E of Public Law 

114–328), is further amended as follows: 

(A) Section 801 (article 1) is amended, in the matter 

preceding paragraph (1), by inserting ‘‘(the Uniform Code 

of Military Justice)’’ after ‘‘chapter’’. 

(B) Subsection (b) of section 806b (article 6b), as 

amended by section 5105 of the Military Justice Act of 

2016 (130 Stat. 2895) is amended by striking ‘‘(the Uniform 

Code of Military Justice)’’. 

(C) Subsections (b) and (c) of section 816 (article 16), 

as amended by section 5161 of the Military Justice Act 

of 2016 (130 Stat. 2897) are amended by striking ‘‘sections 

825(d)(3) and 829 of this title (articles 25(d)(3) and 29)’’ 

each place it appears and inserting ‘‘sections 825(e)(3) and 

829 of this title (articles 25(e)(3) and 29)’’. 

10 USC 2222 

note. 

5 USC 5313 note. 

10 USC 9511 

prec. 

10 USC 4771 

prec. 


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131 STAT. 1598 PUBLIC LAW 115–91—DEC. 12, 2017 

(D) Subsection (a)(4) of section 839 (article 39), as 

added by section 5222(1) of the Military Justice Act of 

2016 (130 Stat. 2909), is amended by striking ‘‘in noncapital cases unless the accused requests sentencing by 

members under section 825 of this title (article 25)’’ and 

inserting ‘‘under section 853(b)(1) of this title (article 

53(b)(1))’’. 

(E) Subsection (i) of section 843 (article 43), as added 

by section 5225(c) of the Military Justice Act of 2016 (130 

Stat. 2909), is amended by striking ‘‘DNA EVIDENCE.—’’ 

and inserting ‘‘DNA EVIDENCE.—’’. 

(F) Section 848(c)(1) (article 48(c)(1)), as amended by 

section 5230 of the Military Justice Act of 2016 (130 Stat. 

2913), is further amended by striking ‘‘section 866(g) of 

this title (article 66(g))’’ and inserting ‘‘section 866(h) of 

this title (article 66(h))’’. 

(G) Section 853(b)(1)(B) (article 53(b)(1)(B)), as 

amended by section 5236 of the Military Justice Act of 

2016 (130 Stat. 2937), is further amended by striking ‘‘in 

a trial’’. 

(H) Subsection (d) of section 853a (article 53a), as 

added by section 5237 of the Military Justice Act of 2016 

(130 Stat. 2917), is amended by striking ‘‘military judge’’ 

the second place it appears and inserting ‘‘court-martial’’. 

(I) Section 864(a) (article 64(a)), as amended by section 

5328(a) of the Military Justice Act of 2016 (130 Stat. 2929), 

is further amended by striking ‘‘(a) (a) IN GENERAL.— 

’’ and inserting ‘‘(a) IN GENERAL.—’’. 

(J) Subsection (b)(1) of section 865 (article 65), as added 

by section 5329 of the Military Justice Act of 2016 (130 

Stat. 2930), is amended by striking ‘‘section 866(b)(2) of 

this title (article 66(b)(2))’’ and inserting ‘‘section 866(b)(3) 

of this title (article 66(b)(3))’’. 

(K) Subsection (f)(3) of section 866 (article 66), as added 

by section 5330 of the Military Justice Act of 2016 (130 

Stat. 2932), is amended by inserting after ‘‘Court’’ the 

first place it appears the following: ‘‘of Criminal Appeals’’. 

(L) Section 869(c)(1)(A) (article 69(c)(1)(A)), as amended 

by section 5333 of the Military Justice Act of 2016 (130 

Stat. 2935), is further amended by inserting a comma after 

‘‘in part’’. 

(M) Section 882(b) (article 82(b)), as amended by section 5403 of the Military Justice Act of 2016 (130 Stat. 

2939), is further amended by striking ‘‘section 99’’ and 

inserting ‘‘section 899’’. 

(N) Section 919a(b) (article 119a(b)), as amended by 

section 5401(13)(B) of the Military Justice Act of 2016 

(130 Stat. 2939), is further amended— 

(i) by striking ‘‘928a, 926, and 928’’ and inserting 

‘‘926, 928, and 928a’’; and 

(ii) by striking ‘‘128a 126, and 128’’ and inserting 

‘‘126, 128, and 128a’’. 

(O) Section 920(g)(2) (article 120(g)(2)), as amended 

by section 5430(b) of the Military Justice Act of 2016 (130 

Stat. 2949), is further amended in the first sentence by 

striking ‘‘brest’’ and inserting ‘‘breast’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1599 

(P) Section 928(b)(2) (article 128(b)(2)), as amended 

by section 5441 of the Military Justice Act of 2016 (130 

Stat. 2954), is further amended by striking the comma 

after ‘‘substantial bodily harm’’. 

(Q) Subsection (b)(2) of section 932 (article 132), as 

added by section 5450 of the Military Justice Act of 2016 

(130 Stat. 2957), is amended by striking ‘‘section 1034(h)’’ 

and inserting ‘‘section 1034(j)’’. 

(R) Section 937 (article 137), as amended by section 

5503 of the Military Justice Act of 2016 (130 Stat. 2960), 

is further amended by striking ‘‘(the Uniform Code of Military Justice)’’ each place it appears as follows: 

(i) In subsection (a)(1), in the matter preceding 

subparagraph (A). 

(ii) In subsection (b), in the matter preceding 

subparagraph (A). 

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

(2) CROSS-REFERENCES TO STALKING.—Title 10, United 

States Code, is amended as follows: 

(A) Section 673(a) is amended— 

(i) by striking ‘‘920a, or 920c’’ and inserting ‘‘920c, 

or 930’’; and 

(ii) by striking ‘‘120a, or 120c’’ and inserting ‘‘120c, 

or 130’’. 

(B) Section 674(a) is amended— 

(i) by striking ‘‘920a, 920b, 920c, or 925’’ and 

inserting ‘‘920b, 920c, or 930’’; and 

(ii) by striking ‘‘120a, 120b, 120c, or 125’’ and 

inserting ‘‘120b, 120c, or 130’’. 

(C) Section 1034(c)(2)(A) is amended by striking ‘‘sections 920 through 920c of this title (articles 120 through 

120c of the Uniform Code of Military Justice)’’ and inserting 

‘‘section 920, 920b, 920c, or 930 of this title (article 120, 

120b, 120c, or 130 of the Uniform Code of Military Justice)’’. 

(D) Section 1044e(g)(1) is amended— 

(i) by striking ‘‘920a, 920b, 920c, or 925’’ and 

inserting ‘‘920b, 920c, or 930’’; and 

(ii) by striking ‘‘120a, 120b, 120c, or 125’’ and 

inserting ‘‘120b, 120c, or 130’’. 

(3) CROSS-REFERENCE IN TITLE 5.—Section 8312(b)(2)(A) of 

title 5, United States Code, is amended by striking ‘‘article 

106 (spies), or article 106a (espionage)’’ and inserting ‘‘article 

103a (espionage), or article 106 (spies)’’. 

(4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect immediately after the amendments 

made by the Military Justice Act of 2016 (division E of Public 

Law 114–328) take effect as provided for in section 5542 of 

that Act (130 Stat. 2967). 

(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2017.—Effective as of December 23, 2016, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328) is amended as follows: 

(1) Section 217(a)(2) (130 Stat. 2051) is amended by striking 

‘‘section 821b’’ and inserting ‘‘section 821(b)’’. 

10 USC 2301 

prec. 

10 USC 131 note. 

10 USC 801 note. 


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131 STAT. 1600 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) Section 233 (10 U.S.C. 2358 note; 130 Stat. 2061) is 

amended in subsections (a)(1) and (b)(1), by striking ‘‘secretaries’’ and inserting ‘‘Secretaries’’. 

(3) Section 728(b)(1) (130 Stat. 2234) is amended by 

inserting ‘‘(c)’’ after ‘‘Section 1073b’’. 

(4) Section 805(a)(2) (130 Stat. 2255) is amended by striking 

‘‘The table of chapters for title 10, United States Code, is’’ 

and inserting ‘‘The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of title 

10, United States Code, are’’. 

(5) The matter to be inserted by section 824(d)(1)(B) (130 

Stat. 2279) is amended— 

(A) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; and 

(B) by striking ‘‘(4)’’ and inserting ‘‘(5)’’. 

(6) Section 833(b)(2)(C) (130 Stat. 2284) is amended— 

(A) in clause (ii), by striking ‘‘Section 2330a(j) of title 

10, United States Code,’’ and inserting ‘‘Section 2330a(h) 

of title 10, United States Code, as redesignated by section 

812(d),’’; and 

(B) in clause (iii), in the matter proposed to be inserted, 

by striking ‘‘section 2330a(j)’’ and inserting ‘‘section 

2330a(h)’’. 

(7) Section 865(b)(2) (130 Stat. 2305) is amended by striking 

‘‘section 2330a(g)(5)’’ and inserting ‘‘section 2330a(h)(4)’’. 

(8) Section 893(c) (130 Stat. 2324) is amended by inserting 

‘‘paragraph (2) of’’ after ‘‘is further amended in’’. 

(9) Section 902(b) (130 Stat. 2344) is amended by striking 

‘‘Section 151(b)(5)’’ and inserting ‘‘Section 131(b)(5)’’. 

(10) Section 921(c) (130 Stat. 2351) is amended by inserting 

after ‘‘The text of’’ the following: ‘‘subsection (a) (after the 

subsection heading)’’. 

(11) Section 1061(c)(23) (130 Stat. 2400) is amended by 

striking ‘‘488(c)’’ and inserting ‘‘488’’. 

(12) Section 1061(i) (130 Stat. 2404) is amended— 

(A) in paragraph (23), by striking ‘‘2010 (Public Law 

110–417)’’ and inserting ‘‘2009 (Public Law 110–417; 10 

U.S.C. prec. 701 note)’’; and 

(B) in paragraph (24), by striking ‘‘2010’’ and inserting 

‘‘2009’’. 

(13) Section 1064(b) (130 Stat. 2409) is amended by striking 

‘‘Public Law 113–239’’ and inserting ‘‘Public Law 112–239’’. 

(14) Section 1253(b) (130 Stat. 2532) is amended by striking 

‘‘this subchapter’’ both places it appears and inserting ‘‘this 

subtitle’’. 

(15) Section 2811(c) (130 Stat. 2716) is amended by striking 

‘‘, and the provisions of law amended by subsections (a) and 

(b) of that section shall be restored as if such section had 

not been enacted into law’’. 

(16) Section 2829E(a) (130 Stat. 2733) is amended by 

striking paragraph (3). 

(17) Section 5225(f) (130 Stat. 2910) is amended by striking 

‘‘this subsection’’ and inserting ‘‘this section’’. 

(18) The table of sections to be inserted by section 5452 

(130 Stat. 2958) is amended— 

(A) by striking ‘‘Art.’’ each place it appears, except 

the first place it appears; 

10 USC 877 prec. 

10 USC 843 note. 

10 USC 2674. 

10 USC 2687a 

and note, 2802. 

10 USC 301 note. 

10 USC 111 note. 

10 USC 111 note. 

10 USC 153. 

10 USC 131. 

10 USC 2302 

note. 

10 USC 2358 

note. 

10 USC 2313a. 

10 USC 101 

prec., 2201 prec. 

10 USC 1073b. 

10 USC 2358 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1601 

(B) in the item relating to section 887a, by striking 

‘‘Resistence’’ and inserting ‘‘Resistance’’; 

(C) in the item relating to section 908, by striking 

‘‘of the United States–Loss’’ and inserting ‘‘of United 

States–Loss,’’; 

(D) in the item relating to section 909, by striking 

‘‘of the’’ and inserting ‘‘of’’; and 

(E) in the item relating to section 909a, by striking 

the second period at the end. 

(19) The matters to be inserted by section 5541 (130 Stat. 

2965) is amended— 

(A) by striking ‘‘Art.’’ each place it appears; 

(B) by striking ‘‘825.’’ and inserting ‘‘825a.’’; and 

(C) by striking ‘‘830.’’ and inserting ‘‘830a.’’. 

(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2016.—Effective as of November 25, 2015, and as if included therein 

as enacted, section 574 of the National Defense Authorization Act 

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 831) is amended 

by striking ‘‘1785 note’’ both places it appears and inserting ‘‘1788 

note’’. 

(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2015.—Effective as of December 19, 2014, and as if included therein 

as enacted, section 1044(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3493) 

is amended by striking ‘‘October 28’’ and inserting ‘‘September 

30’’. 

(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2011.—Effective as of January 7, 2011, and as if included therein 

as enacted, section 896(b) of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–398; 124 

Stat. 4315) is amended— 

(1) in paragraph (1), by striking ‘‘Chapter’’ and inserting 

‘‘Subchapter II of chapter’’; and 

(2) in paragraph (2), by striking ‘‘chapter’’ and inserting 

‘‘subchapter’’. 

(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2009.—Section 943(d)(1) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417), as 

amended by section 1205(c)(2) of Public Law 112–81 (125 Stat. 

1623), is further amended by striking the second period at the 

end of the first sentence. 

(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2004.—Section 1022(e) of the National Defense Authorization Act 

for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) 

is amended by striking ‘‘section 1004(j)’’ and all that follows through 

the end of the subsection and inserting ‘‘section 284(i) of title 

10, United States Code’’. 

(j) 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. 

10 USC 101 note. 

10 USC 2501 

prec. 

10 USC 2508. 

10 USC 2501 

note. 

10 USC 2642. 

10 USC 807 

prec., 822 prec., 

830 prec., 836 

prec., 855 prec., 

859 prec., 935 

prec., 941 prec. 

10 USC 822 prec. 

10 USC 830 prec. 

10 USC 1788 

note. 

10 USC 1788 

note. 

10 USC 2642 

note. 


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131 STAT. 1602 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1082. CLARIFICATION OF APPLICABILITY OF CERTAIN PROVISIONS OF LAW TO CIVILIAN JUDGES OF THE UNITED 

STATES COURT OF MILITARY COMMISSION REVIEW. 

Section 950f(b) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(5)(A) For purposes of sections 203, 205, 207, 208, and 209 

of title 18, the term ‘special Government employee’ shall include 

a judge of the Court appointed under paragraph (3). 

‘‘(B) A person appointed as a judge of the Court under paragraph (3) shall be considered to be an officer or employee of the 

United States with respect to such person’s status as a judge, 

but only during periods in which such person is performing the 

duties of such a judge. Any provision of law that prohibits or 

limits the political or business activities of an employee of the 

United States shall only apply to such a judge during such periods.’’. 

SEC. 1083. MODIFICATION OF REQUIREMENT RELATING TO CONVERSION OF CERTAIN MILITARY TECHNICIAN (DUAL STATUS) 

POSITIONS TO CIVILIAN POSITIONS. 

(a) REVISED REDUCTION.—Section 1053(a)(1) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 10 U.S.C. 10216 note), as amended by section 1084(a)(1) of 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2421), is further amended by striking 

‘‘20 percent’’ and inserting ‘‘12.6 percent’’. 

(b) TECHNICAL CORRECTION.—Section 1084(a)(2) of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2421), is amended by striking ‘‘paragraph (2)’’ and 

inserting ‘‘paragraph (2)(A)’’. 

SEC. 1084. NATIONAL GUARD ACCESSIBILITY TO DEPARTMENT OF 

DEFENSE ISSUED UNMANNED AIRCRAFT. 

(a) REVIEW REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of the National Guard Bureau, the Commander 

of United States Northern Command, and the Commander of United 

States Pacific Command, shall conduct an efficiency and effectiveness review of the governance structure, coordination processes, 

documentation, and timing and deadline requirements stipulated 

in Department of Defense Policy Memorandum 15-002, entitled 

‘‘Guidance for the Domestic Use of Unmanned Aircraft Systems’’ 

and dated February 17, 2015. In conducting the review, the Secretary shall take into account information and data points provided 

by State governors and State adjutant generals in assessing the 

efficiency and effectiveness of accessing Department of Defense 

issued unmanned aircraft systems for State and National Guard 

operations. 

(b) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

the completion of the review required by subsection (a), the Secretary shall submit the review to the Committees on Armed Services 

of the Senate and House of Representatives. 

SEC. 1085. SENSE OF CONGRESS REGARDING AIRCRAFT CARRIERS. 

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

(1) Naval aviation was born in the United States when 

Eugene Ely launched from the deck of a United States Navy 

ship on November 14, 1910, in a Curtiss Model D. 

10 USC 10216 

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(2) In 1915, Cpt. Henry C. Mustin made the first catapult 

launch aboard a ship underway in a Curtiss Model AB-2, beginning a century of technological advancements that have led 

to today’s Electromagnetic Aircraft Launch System. 

(3) In 1924, Lt. Dixie Kiefer made the first night catapult 

launch in a Vought UO-1 in San Diego harbor. 

(4) The first nuclear-powered aircraft carrier, USS Enterprise (CVN 65), was commissioned in 1961, ushering in a 

new era of the world’s most dominant and capable warships. 

(5) In 2013, aircraft carrier USS George Washington (CVN 

73) provided humanitarian assistance, medical supplies, food, 

and water to the victims in the Republic of the Philippines 

of Super Typhoon Haiyan, once again demonstrating the 

versatility of aircraft carriers for combat, diplomatic, and 

humanitarian operations. 

(6) In 2017, the first of the next generation of aircraft 

carriers, USS Gerald R. Ford (CVN 78), was commissioned, 

marking a continuation of the innovative naval aviation spirit, 

technological advancement, and war fighting capabilities of aircraft carriers. 

(7) For over 70 years, aircraft carriers have been employed 

in every major and many smaller conflicts, including World 

War II, Korea, Vietnam, Grenada, Lebanon, Libya, Operation 

Desert Storm, Afghanistan, Iraq, and the fight against terrorism. 

(8) The United States Navy’s aircraft carriers are a cornerstone of the Nation’s ability to project its power and strength. 

(9) When aircraft carriers sail the globe they are a statement of national purpose and a symbol of the Nation’s industrial strength, competitive edge, and economic prosperity. 

(10) Aircraft carriers are 4.5 acres of sovereign United 

States territory enabling the Nation to reduce its dependency 

on other nations while it pursues its national security interests. 

(11) Aircraft carriers enable the United States Armed 

Forces to carry out operations from international waters, often 

obviating the need to obtain fly-over rights and land-base rights 

from other nations. 

(12) Aircraft carriers are modern, mobile United States 

military bases complete with airfield, hospital, and communications systems from which the United States can strike at its 

enemies. 

(13) Over 90 percent of world trade is moved by sea, 

including much of the world’s gas and oil supply, and aircraft 

carriers patrol vital regions of the world to keep shipping 

lanes open and protect the interests of the United States and 

its allies. 

(14) There are more than 2,450 companies in 48 States 

and over 364 congressional districts, and more than 13,100 

shipbuilders, who proudly contribute to the construction and 

maintenance of these complex and technologically advanced 

ships. 

(15) Thousands of members of the United States Armed 

Forces have served the Nation aboard aircraft carriers in war, 

peace, and times of crisis. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) United States aircraft carriers are premier sea-based 

power projection platforms and have served the Nation’s 


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interests in times of war and peace, adapting to the immediate 

and ever-changing nature of the world for over 90 years; and 

(2) aircraft carrier contributions and heritage should be 

celebrated. 

SEC. 1086. SENSE OF CONGRESS RECOGNIZING THE UNITED STATES 

NAVY SEABEES. 

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

(1) On March 5, 1942, Navy Construction Force personnel, 

known as the ‘‘Seabees’’, were officially established by the Navy 

Department. 

(2) The purpose of the Navy Seabees is to build, maintain, 

and support base infrastructure in remote locations for the 

Navy and Marine Corps, while simultaneously being capable 

of engaging in combat operations. 

(3) The Navy Seabees dual-role is exemplified by the Seabee 

motto Construimus, Batuimus: We Build, We Fight. 

(4) Throughout their history, the Navy Seabees have 

answered the call of duty to protect the United States and 

its democratic values both in times of war and peace. 

(5) The Navy Seabees support United States national security at Navy fleet and combatant commands worldwide, through 

the construction, both on land and underwater, of bases, airfields, roads, bridges, and other infrastructure. 

(6) The Navy Seabees and their families have demonstrated 

unmatched courage and dedication to sacrifice for the United 

States, from service in World War II, Korea, and Vietnam 

to the recent conflicts in Afghanistan, Iraq, and elsewhere. 

(7) The Navy Seabees exhibit honor, personal courage, and 

commitment as they sacrifice their personal comfort to keep 

the United States safe from threats. 

(8) The Navy Seabees continue to display strength, professionalism, and bravery in the all-volunteer force. 

(b) SENSE OF CONGRESS.—Congress recognizes the United 

States Navy Seabees and the Navy personnel who comprise the 

construction force for the Navy and the Marine Corps as critical 

elements in deterring conflict, overcoming aggression, and 

rebuilding democratic institutions. 

SEC. 1087. CONSTRUCTION OF MEMORIAL TO THE CREW OF THE 

APOLLO I LAUNCH TEST ACCIDENT AT ARLINGTON 

NATIONAL CEMETERY. 

Subject to applicable requirements of section 2409(b)(2)(E) of 

title 38, United States Code, the Secretary of the Army, in consultation with the Administrator of the National Aeronautics and Space 

Administration, the Commission of Fine Arts, and the Advisory 

Committee on Arlington National Cemetery, shall authorize the 

construction, at an appropriate place in Arlington National Cemetery, Virginia, of a memorial marker honoring the three members 

of the crew of the Apollo I who died during a launch rehearsal 

test on January 27, 1967, in Cape Canaveral, Florida. The memorial 

may not be constructed in a location that is otherwise suitable 

as an interment site. 

SEC. 1088. DEPARTMENT OF DEFENSE ENGAGEMENT WITH COVERED 

NON-FEDERAL ENTITIES. 

(a) REVIEW OF CURRENT GUIDANCE.—Not later than 120 days 

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

10 USC 113 note. 

38 USC 2409 

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and the Secretary of State shall jointly conduct a review of the 

guidance of the Department of Defense applicable to Department 

of Defense engagements with covered non-Federal entities. 

(b) ADDITIONAL GUIDANCE.—If the Secretary of Defense and 

the Secretary of State determine pursuant to the review under 

subsection (a) that additional guidance is required in connection 

with Department of Defense engagements with covered non-Federal 

entities, the Secretary of Defense, with the concurrence of the 

Secretary of State, shall, by not later than 180 days after the 

date of the enactment of this Act, issue such additional guidance 

as the Secretaries consider appropriate in light of the review. Any 

such additional guidance shall be consistent with— 

(1) applicable law, as in effect on the date of the enactment 

of this Act; 

(2) Department of Defense guidance with respect to solicitation and preferential treatment, as in effect on the date of 

the enactment of this Act, including such guidance specified 

in the Department of Defense Joint Ethics Regulations; and 

(3) the principle that the Department of State and the 

United States Agency for International Development are the 

principal United States agencies with primary responsibility 

for providing and coordinating humanitarian and economic 

assistance. 

(c) BRIEFING.—Not later than 150 days after the date of the 

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

of State shall jointly provide to the Committees on Armed Services 

of the Senate and the House of Representatives, the Committee 

on Foreign Relations of the Senate, and the Committee on Foreign 

Affairs of the House of Representatives a briefing on the findings 

of the review required under subsection (a). 

(d) COVERED NON-FEDERAL ENTITY DEFINED.—In this section, 

the term ‘‘covered non-Federal entity’’ means an organization that— 

(1) is based in the United States; 

(2) has an independent board of directors and is subject 

to independent financial audits; 

(3) is substantially privately-funded; 

(4) 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; 

(5) provides international assistance; and 

(6) has a stated mission of supporting United States military missions abroad. 

SEC. 1089. PRIZE COMPETITION TO IDENTIFY ROOT CAUSE OF PHYSIOLOGICAL EPISODES ON NAVY, MARINE CORPS, AND AIR 

FORCE TRAINING AND OPERATIONAL AIRCRAFT. 

(a) IN GENERAL.—Under the authority of section 2374a of title 

10, United States Code, and section 24 of the Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary 

of Defense, in consultation with the Secretary of the Navy, the 

Secretary of the Air Force, the Commandant of the Marine Corps, 

and the heads of any other appropriate Federal agencies that have 

experience in prize competitions, and when appropriate, in coordination with private organizations, may establish a prize competition 

designed to accelerate identification of the root cause or causes 

of, or find solutions to, physiological episodes experienced in Navy, 

Marine Corps, and Air Force training and operational aircraft. 

10 USC 2374a 

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(b) EVALUATION OF PERSONNEL.—The Secretary of Defense, or 

the Secretary’s designee, shall select the person or persons to conduct the competition authorized in subsection (a) and evaluate 

any submissions. 

(c) LIMITATION.—The Secretary of Defense may not exercise 

the authority under subsection (a) before the date that is 15 days 

after the date on which the Secretary of Defense submits to congressional defense committees certification in writing that the use of 

the authority will not compromise classified information, proprietary information, or intellectual property. 

SEC. 1090. PROVIDING ASSISTANCE TO HOUSE OF REPRESENTATIVES 

IN RESPONSE TO CYBERSECURITY EVENTS. 

(a) PROVISION OF ASSISTANCE.—If the Speaker of the House 

of Representatives (or the Speaker’s designee), with the concurrence 

of the Minority Leader of the House of Representatives (or the 

Minority Leader’s designee), determines that a cybersecurity event 

has occurred and that containing, mitigating, or resolving the event 

exceeds the resources of the House of Representatives, then notwithstanding any other provision of law or any rule, regulation, or 

executive order— 

(1) the Speaker may request assistance in responding to 

the event from the head of any Executive department, military 

department, or independent establishment; 

(2) not later than 24 hours after receiving the request, 

the head of the department or establishment shall begin to 

provide appropriate assistance in response to the incident, 

including (if necessary) restoring the information systems of 

the House to an operational state which allows for the continuation of the legislative process and for Members, officers, and 

employees of the House to continue to meet their official and 

representational duties; and 

(3) such assistance shall be provided without reimbursement by the House of Representatives. 

(b) SCOPE OF ASSISTANCE.— (1) IN GENERAL.—The assistance provided to the Speaker 

by the head of a department or establishment under this section 

may consist only of a type that the head of the department 

or establishment is authorized under law to provide to the 

department or establishment, another Executive department, 

military department, or independent establishment, or a private 

entity. 

(2) CONNECTIONS BETWEEN DEPARTMENT OR ESTABLISHMENT

AND HOUSE INFORMATION SYSTEMS.—In providing assistance 

under this section— 

(A) personnel of a department or establishment may 

not log onto the information systems of the House without 

the authorization of the Speaker (or the Speaker’s designee); and 

(B) personnel of a department or establishment may 

provide the House with access to technological support 

services of the department or establishment, including by 

authorizing personnel or systems of the House to connect 

with and operate services or programs of the department 

or establishment with guidance from subject matter experts 

of the department or establishment. 

(c) TERMINATION OF ASSISTANCE.— 

2 USC 5510. 


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(1) TERMINATION UPON NOTICE FROM SPEAKER.—After initiating assistance under this section, the head of the department 

or establishment shall continue providing assistance until the 

Speaker (or Speaker’s designee) notifies the head of the department or establishment that the cybersecurity incident has 

terminated and that it is no longer necessary for the department or establishment to provide post-incident assistance. 

(2) REMOVAL OF TECHNOLOGICAL SUPPORT SERVICES.—Upon 

receiving notice from the Speaker under paragraph (1), the 

head of the department or establishment shall ensure that 

any technological support services or programs of the department or establishment are removed from the information systems of the House, and that personnel of the department or 

establishment are no longer monitoring such systems. 

(d) COMPLIANCE WITH EXISTING STANDARDS.—In providing 

assistance under this section, the head of the Executive department, 

military department, or independent establishment shall meet the 

requirements of section 113 of the Legislative Branch Appropriations Act, 2017 (Public Law 115–31). 

(e) NO EFFECT ON OTHER AUTHORITY TO PROVIDE SUPPORT.— 

Nothing in this section may be construed to affect the authority 

of an Executive department, military department, or independent 

establishment to provide any support, including cybersecurity support, to the House of Representatives 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 such term in chapter 1 of title 5, 

United States Code. 

SEC. 1091. TRANSFER OF SURPLUS FIREARMS TO CORPORATION FOR 

THE PROMOTION OF RIFLE PRACTICE AND FIREARMS 

SAFETY. 

(a) TRANSFER REQUIREMENT.— 

(1) IN GENERAL.—During fiscal years 2018 and 2019, the 

Secretary of the Army shall transfer surplus caliber .45 M1911/ 

M1911A1 pistols described in paragraph (2) to the Corporation 

for the Promotion of Rifle Practice and Firearms Safety in 

accordance with this section. 

(2) PISTOLS DESCRIBED.—The pistols described in this paragraph are surplus caliber .45 M1911/M1911A1 pistols and spare 

parts and related accessories for those pistols that, on the 

date of the enactment of this section, are under the control 

of the Secretary and are surplus to the requirements of the 

Department of the Army. 

(3) NUMBER TO BE TRANSFERRED.— 

(A) TOTAL NUMBER.—For any fiscal year, a total of 

not more than 10,000 surplus caliber .45 M1911/M1911A1 

pistols may be transferred to the Corporation under this 

section and section 40728 of title 36, United States Code. 

(B) FISCAL YEAR 2018.—For fiscal year 2018, not less 

than 8,000 surplus caliber .45 M1911/M1911A1 pistols shall 

be transferred to the Corporation pursuant to this section. 

(4) TERMS OF TRANSFERS.—Subsections (b), (c), (d), (e), and 

(g) of section 40728 of title 36, United States Code, shall apply 

to a transfer under this section in the same manner such 


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131 STAT. 1608 PUBLIC LAW 115–91—DEC. 12, 2017 

subsections apply to transfers of firearms under such section 

40728. 

(5) OTHER REQUIREMENTS.—Except as provided in subsection (b)(1), subchapter II of chapter 407 of title 36, United 

States Code, shall apply with respect to firearms transferred 

under this section. 

(b) SUSPENSION OF DISCRETIONARY TRANSFER AUTHORITY.— (1) IN GENERAL.—During the period described in paragraph 

(2), the Secretary of the Army may only transfer surplus caliber 

.45 M1911/M1911A1 pistols to the Corporation under the 

authority of this section and may not transfer such pistols 

to such Corporation under section 40728 of title 36, United 

States Code. 

(2) PERIOD DESCRIBED.—The period described in this paragraph is the period beginning on the date of the enactment 

of this Act and ending on the earlier of the following dates: 

(A) The date that is 60 days after the date of the 

enactment of the National Defense Authorization Act for 

Fiscal Year 2020. 

(B) June 1, 2020. 

(c) CONFORMING REPEAL OF PILOT PROGRAM FOR TRANSFER

OF PISTOLS.—Section 1087 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1012) 

is amended by striking subsections (b) and (c). 

(d) REPORTS ON TRANSFERS.— 

(1) IN GENERAL.—For each fiscal year during which the 

Secretary transfers surplus caliber .45 M1911/M1911A1 pistols 

under subsection (a), the Secretary shall submit to Congress 

a report detailing the transfer and sale of such pistols during 

such fiscal year. A report under this paragraph for a fiscal 

year shall be submitted not later than 5 days after the budget 

of the President for the subsequent fiscal year is submitted 

to Congress under section 1105 of title 31, United States Code. 

(2) CONTENTS OF REPORT.—Each report submitted under 

paragraph (1) shall include, for the fiscal year covered by the 

report— 

(A) the number of surplus caliber .45 M1911/M1911A1 

pistols transferred to the Corporation under subsection (a); 

(B) the number of such pistols sold by the Corporation; 

and 

(C) to the extent feasible based on the information 

available to the Secretary, information on any crimes committed using any such pistols transferred to or sold by 

the Corporation. 

(e) EVALUATION OF CORPORATION.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of the Army shall 

enter into an agreement with a Federally funded research 

and development center with relevant expertise to conduct an 

evaluation of the Corporation for the Promotion for Rifle Practice and Firearms Safety for the purpose of assessing future 

transfers of excess firearms to the Corporation. 

(2) ELEMENTS.—The evaluation required under paragraph 

(1) shall include the following elements: 

(A) An assessment of the effectiveness of the Civilian 

Marksmanship Program, including an examination of the 

functions and activities of the Program, as described in 

36 USC 40728 

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section 40722 of title 36, United States Code, that support 

the mission of the Program. 

(B) A comparison the Civilian Marksmanship Program 

to similar organizations that offer instruction in marksmanship, firearm practice and safety, and opportunities for 

marksmanship competitions. 

(C) An evaluation of benefits the Army receives from 

the Civilian Marksmanship Program relative to the 

resources the Army provides to the Program. 

(D) An assessment of present and prospective funding 

models to support a transition to self-sustainment, 

including opportunities for non-Federal resources. 

(E) An assessment of the costs and profits associated 

with the transfer of excess firearms from the Army to 

the Civilian Marksmanship Program (including the costs 

associated with the storage, inspection, and, refurbishment 

of such firearms), which shall be determined with respect 

to surplus caliber .45 M1911/M1911A pistols using data 

from a minimum of 8,000 sales transactions. 

(F) Any other matters the Secretary determines appropriate. 

(3) REPORT TO CONGRESS.—The Secretary shall submit to 

the congressional defense committees a report on the results 

of the evaluation by not later than January 1, 2019, and shall 

provide interim briefings upon request. 

(f) COMPTROLLER GENERAL REVIEWS.— 

(1) CONCURRENT REVIEW OF CORPORTION.— 

(A) IN GENERAL.—At the same time as the Federally 

funded research and development center conducts the 

evaluation under subsection (d), the Comptroller General 

shall conduct a review of the Corporation for the Promotion 

for Rifle Practice and Firearms Safety. 

(B) ELEMENTS.—The review required under paragraph 

(1) shall include the following elements: 

(i) A review of whether the procedures relating 

to sales of surplus caliber .45 M1911/M1911A pistols 

covered by the evaluation were conducted in accordance 

with applicable Federal laws. 

(ii) A review of the business operations of the 

Civilian Marksmanship Program in comparison to the 

business operations of other Federally chartered 

organizations. 

(iii) An evaluation of any authorities or agreements 

governing the relationship between the Army and the 

Program. 

(iv) An assessment of the financial operations of 

the Civilian Marksmanship Program, including how 

the Program’s endowment is funded by the proceeds 

from sales of excess weapons transferred to the Program from the Army. 

(v) An assessment of the costs and profits associated with the transfer of excess firearms from the 

Army to the Civilian Marksmanship Program, which 

shall be determined with respect to surplus caliber 

.45 M1911/M1911A1 pistols using data from a minimum of 8,000 sales transactions. 


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(vi) Any other matters the Comptroller General 

determines are relevant. 

(C) REPORT TO CONGRESS.—The Comptroller General 

shall submit to the congressional defense committees a 

report on the review required by subparagraph (A) by 

not later than January 1, 2019. 

(2) REVIEW OF FFRDC REPORT.— 

(A) IN GENERAL.—The Comptroller General shall conduct a review of the report submitted under subsection 

(d)(3). 

(B) BRIEFING.—Not later than 60 days after the Secretary of the Army submits the report required under subsection (d)(3), the Comptroller General shall provide to 

the congressional defense committees a briefing on the 

preliminary results of the review required by paragraph 

(1). 

(C) REPORT.—Not later than 120 days after the Secretary submits such report, the Comptroller General shall 

submit to the congressional defense committees a report 

containing the findings and recommendations of the Comptroller General pursuant to the review required by paragraph (1). 

SEC. 1092. COLLABORATION BETWEEN FEDERAL AVIATION ADMINISTRATION AND DEPARTMENT OF DEFENSE ON UNMANNED 

AIRCRAFT SYSTEMS. 

(a) COLLABORATION.— 

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems. 

(2) ELEMENTS.—The collaboration described in paragraph 

(1) may include, as appropriate, the following: 

(A) Sharing information on safely integrating 

unmanned aircraft systems and manned aircraft in the 

national airspace system. 

(B) The development of civil standards, policies, and 

procedures for the Federal Aviation Administration for integrating unmanned aircraft systems in the national airspace 

system by leveraging the historical and current testing, 

training, and operational experiences of the Department 

of Defense, particularly the Air Force, of unmanned flight 

operations 

(C) Informing stakeholders about— 

(i) the development of airborne and ground-based 

sense-and-avoid capabilities for unmanned aircraft systems; and 

(ii) research and development on unmanned aircraft systems, especially with respect to matters 

involving human factors, information assurance, and 

security. 

(b) PARTICIPATION BY FAA IN DOD ACTIVITIES.— 

(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may participate, and provide assistance 

to the Secretary of Defense for activities during the test and 

evaluation efforts of the Department of Defense, including the 

49 USC 40101 

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Air Force, relating to airborne and ground-based sense-andavoid capabilities for unmanned aircraft systems. 

(2) PARTICIPATION THROUGH TEST SITES.—Participation 

under paragraph (1) may include provision of assistance 

through Department of Defense unmanned aircraft systems 

test sites or a Federal Aviation Administration test range. 

(c) DEFINITIONS.—In this section, the terms ‘‘unmanned aircraft 

system’’ and ‘‘test range’’ have the meaning given such terms in 

section 331 of the FAA Modernization and Reform Act of 2012 

(Public Law 112–95; 49 U.S.C. 40101 note). 

(d) RESTORATION OF RULES FOR REGISTRATION AND MARKING

OF UNMANNED AIRCRAFT.—The rules adopted by the Administrator 

of the Federal Aviation Administration in the matter of registration 

and marking requirements for small unmanned aircraft (FAA-2015- 

7396; published on December 16, 2015) that were vacated by the 

United States Court of Appeals for the District of Columbia Circuit 

in Taylor v. Huerta (No. 15-1495; decided on May 19, 2017) shall 

be restored to effect on the date of enactment of this Act. 

SEC. 1093. CARRIAGE OF CERTAIN PROGRAMMING. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘local commercial television station’’ has the 

meaning given the term in section 614(h) of the Communications Act of 1934 (47 U.S.C. 534(h)); 

(2) the term ‘‘multichannel video programming distributor’’ 

has the meaning given the term in section 602 of the Communications Act of 1934 (47 U.S.C. 522); 

(3) the term ‘‘qualified noncommercial educational television station’’ has the meaning given the term in section 

615(l) of the Communications Act of 1934 (47 U.S.C. 535(l)); 

(4) the term ‘‘retransmission consent’’ means the authority 

granted to a multichannel video programming distributor under 

section 325(b) of the Communications Act of 1934 (47 U.S.C. 

325(b)) to retransmit the signal of a television broadcast station; 

and 

(5) the term ‘‘television broadcast station’’ has the meaning 

given the term in section 76.66(a) of title 47, Code of Federal 

Regulations. 

(b) CARRIAGE OF CERTAIN CONTENT.—Notwithstanding any 

other provision of law, a multichannel video programming distributor may not be directly or indirectly required, including as 

a condition of obtaining retransmission consent, to— 

(1) carry non-incidental video content from a local commercial television station, qualified noncommercial educational television station, or television broadcast station to the extent 

that such content is owned, controlled, or financed (in whole 

or in part) by the Government of the Russian Federation; 

or 

(2) lease, or otherwise make available, channel capacity 

to any person for the provision of video programming that 

is owned, controlled, or financed (in whole or in part) by the 

Government of the Russian Federation. 

(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed as applying to the editorial use by a local commercial 

television station, qualified noncommercial educational television 

station, or television broadcast station of programming that is 

47 USC 537a. 


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owned, controlled, or financed (in whole or in part) by the Government of the Russian Federation. 

SEC. 1094. NATIONAL STRATEGY FOR COUNTERING VIOLENT EXTREMISM. 

(a) STRATEGY REQUIRED.— 

(1) IN GENERAL.—Not later than June 1, 2018, the President 

shall submit to the appropriate committees of Congress a report 

on a comprehensive, interagency national strategy for countering violent extremism. 

(2) ELEMENTS.—The comprehensive, interagency national 

strategy required by paragraph (1) shall include the following 

elements: 

(A) Identification of the interagency tools for combating 

and countering violent extremism, including— 

(i) countering violent extremist messaging and 

ideological support; 

(ii) combating violent extremist financing, intelligence gathering, and cooperation; 

(iii) law enforcement activities, sanctions, counterterrorism, and counterintelligence activities; 

(iv) support to civil-society groups, commercial 

entities, allies, and counter radicalization activities; 

and 

(v) support by the Armed Forces of the United 

States to combat violent extremism. 

(B) Use of, coordination with, or liaison to international 

partners, non-governmental organizations, or commercial 

entities that support United States policy goals in countering violent extremist ideologies and organizations. 

(C) Synchronization processes for the use of interagency tools to combat violent extremism, including the 

roles and responsibilities of the Global Engagement Center, 

as well as the National Security Council in coordinating 

the interagency tools. 

(D) Recommendations for improving coordination 

between Federal Government agencies, as well as with 

State, local, international, and non-governmental entities. 

(E) Other matters as the President considers appropriate. 

(b) ASSESSMENT.—Not later than one year after the date of 

the submission of the strategy required by subsection (a), the President shall submit to the appropriate committees of Congress an 

assessment of the strategy, including— 

(1) the status of implementation of the strategy; 

(2) progress toward the achievement of benchmarks or 

implementation of any recommendations; and 

(3) any changes to the strategy since such submission. 

(c) FORM.—The report and assessment required by this section 

shall each be submitted in unclassified form, but may include 

a classified annex. 

(d) APPROPRIATE COMMITTEES OF CONGRESS.—In this section, 

the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Foreign Relations, Armed Services, 

Appropriations, Homeland Security and Governmental Affairs, 

and the Judiciary and the Select Committee on Intelligence 

of the Senate; and 


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(2) the Committees on Foreign Affairs, Armed Services, 

Appropriations, Homeland Security, and the Judiciary and the 

Permanent Select Committee on Intelligence of the House of 

Representatives. 

SEC. 1095. SENSE OF CONGRESS REGARDING WORLD WAR I. 

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

(1) The United States declared war against Germany on 

April 6, 1917, to redress wrongs, including Germany’s resumption of unrestricted submarine warfare, violation of United 

States neutrality, meddling in Mexican affairs, and denial of 

freedom of the seas to nonbelligerent nations. 

(2) The United States associated itself with the allied 

powers of the United Kingdom and its Commonwealth, France 

and its colonies, Russia, Italy, and Japan to defeat the German 

Empire. 

(3) The United States Army, consisting of the Regular 

Army, National Guard, and Reserve Corps, with the addition 

of volunteers and the draftees of the National Army, underwent 

a transformation from a frontier constabulary and coastal 

defense force to a modern land warfare force. 

(4) Early 20th century military and technological advances 

resulted in the incorporation of motor transport, aviation, antiaircraft artillery, tanks, chemical weapons, submarines and 

anti-submarine warfare, underwater mines, and other innovations into the military arsenal of the United States. 

(5) The need to quickly build a military strength of four 

million soldiers and half a million sailors required the mobilization of the human resources of the United States, during which 

members of diverse ethnic groups, races, and creeds, both 

native-born and immigrant, forged a new American identity. 

(6) The United States Army maintained its defense of 

American seacoasts, southern border, and overseas possessions, 

while the Army American Expeditionary Forces arrived in 

Europe in June 1917 and deployed for combat operations in 

October. 

(7) By the end of World War I, almost 2,000,000 members 

of the Army served overseas in the American Expeditionary 

Forces. 

(8) During World War I, the United States Navy increased 

in strength from approximately 67,000 sailors and marines 

to approximately 500,000 sailors and marines by the war’s 

end, and the size of the Navy increased from around 200 

ships at the outbreak of war in Europe in 1914, to 342 vessels 

by the time the United States entered the war, and 774 vessels 

by the day of the Armistice 

(9) The Navy operated in the Atlantic and Pacific Oceans, 

and the North and Mediterranean Seas in cooperation with 

allied navies. 

(10) The Navy began the fight against the German Uboat menace by first dispatching 34 destroyers stationed specifically for such purpose, which by war’s end grew to 110 total 

destroyers 

(11) Navy vessels escorted troop transports carrying 

1,250,000 passengers and escorted supply transports carrying 

27 percent of all cargo shipped to Europe. 


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131 STAT. 1614 PUBLIC LAW 115–91—DEC. 12, 2017 

(12) The Navy deployed five batteries of large-caliber battleship guns mounted on railroad trains to France for service 

as long-range artillery for the Army. 

(13) The United States Coast Guard transferred to the 

operational control of the Navy and augmented that service 

with officers and sailors, vessels of all types, and shore stations. 

(14) The United States Marine Corps, with an eventual 

wartime strength of 53,000 officers and men, detached the 

5th and 6th regiments and a machine gun battalion to constitute an infantry brigade integrated into the Army’s 2d Division for service in France. 

(15) On July 4, 1917, Colonel Charles E. Stanton, one 

of the officers on the staff of General John Pershing, commander 

of the American Expeditionary Forces in Europe, famously 

announced the commitment of the United States to the fight 

when Colonel Stanton proclaimed upon his arrival in France, 

‘‘Lafayette, we are here!’’. 

(16) Whereas the American Expeditionary Forces formed 

three field armies, nine corps and 43 divisions, plus various 

units of the Services of Supply. 

(17) The American Expeditionary Forces suffered 255,000 

casualties and over 50,000 non-battle casualties while participating in 13 named campaigns in World War I. 

(18) Participation in World War I resulted in the completion 

of a period of reform and professionalism that transformed 

the Armed Forces from a small dispersed organization to a 

modern industrialized fighting force capable of global reach 

and influence. 

(b) SENSE OF CONGRESS.—Congress— 

(1) honors the memory of the fallen heroes who wore the 

uniform of the United States Armed Forces during World War 

I; 

(2) commends the Unites States Armed Forces for preserving and protecting the interests of the United States during 

World War I; 

(3) commends the brave members of the United States 

Armed Forces for their courage while preserving the founding 

principles of the United States at home and abroad during 

World War I; 

(4) commends the brave members of the United States 

Armed Forces for preserving and protecting the sea lanes of 

commerce and communications during World War I that 

ensured the continued prosperity of the United States; 

(5) celebrates and congratulates the United States Army, 

Navy, Marine Corps, Air Force, and Coast Guard during the 

commemoration of the centennial of World War I for a job 

well done; and 

(6) calls on all people of the United States to join in 

the commemoration of the centennial of World War I in events 

throughout the United States and overseas. 

SEC. 1096. NOTICE TO CONGRESS OF TERMS OF DEPARTMENT OF 

DEFENSE SETTLEMENT AGREEMENTS. 

(a) REQUEST OF SETTLEMENT AGREEMENTS.—At the request 

of the Chairman, in coordination with the Ranking Member, of 

the Committee on Armed Services of the Senate or the House 

of Representatives or the Chairman, in coordination with the 

10 USC 113 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1615 

Ranking Member, of the Committee on Appropriations of the Senate 

or the House of Representatives, the Secretary of Defense shall 

make available (in an appropriate manner with respect to classified 

or other protected information) to the Chairman and Ranking 

Member of the requesting committee a settlement agreement 

(including a consent decree) in any civil action in a court of competent jurisdiction involving the Department of Defense, a military 

department, or a Defense Agency. 

(b) PROVISION OF SETTLEMENT AGREEMENTS.—The Secretary 

shall take all necessary steps to ensure the settlement agreement 

is provided to the Chairman and Ranking Member of the requesting 

committee, including by making any necessary requests to a court 

with competent jurisdiction over the settlement. 

SEC. 1097. OFFICE OF SPECIAL COUNSEL REAUTHORIZATION. 

(a) ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.— Section 1212(b) of title 5, United States Code, is amended by adding 

at the end the following: 

‘‘(5)(A) Except as provided in subparagraph (B), the Special 

Counsel, in carrying out this subchapter, is authorized to— 

‘‘(i) have timely access to all records, data, reports, audits, 

reviews, documents, papers, recommendations, or other material available to the applicable agency that relate to an investigation, review, or inquiry conducted under— 

‘‘(I) section 1213, 1214, 1215, or 1216 of this title; 

or 

‘‘(II) section 4324(a) of title 38; 

‘‘(ii) request from any agency the information or assistance 

that may be necessary for the Special Counsel to carry out 

the duties and responsibilities of the Special Counsel under 

this subchapter; and 

‘‘(iii) require, during an investigation, review, or inquiry 

of an agency, the agency to provide to the Special Counsel 

any record or other information that relates to an investigation, 

review, or inquiry conducted under— 

‘‘(I) section 1213, 1214, 1215, or 1216 of this title; 

or 

‘‘(II) section 4324(a) of title 38. 

‘‘(B)(i) The authorization of the Special Counsel under subparagraph (A) shall not apply with respect to any entity that is an 

element of the intelligence community, as defined in section 3 

of the National Security Act of 1947 (50 U.S.C. 3003), unless the 

Special Counsel is investigating, or otherwise carrying out activities 

relating to the enforcement of, an action under subchapter III 

of chapter 73. 

‘‘(ii) An Inspector General may withhold from the Special 

Counsel material described in subparagraph (A) if the Inspector 

General determines that the material contains information derived 

from, or pertaining to, intelligence activities. 

‘‘(iii) The Attorney General or an Inspector General may withhold from the Special Counsel material described in subparagraph 

(A) if— 

‘‘(I)(aa) disclosing the material could reasonably be expected 

to interfere with a criminal investigation or prosecution that 

is ongoing as of the date on which the Special Counsel submits 

a request for the material; or 

‘‘(bb) the material— 


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131 STAT. 1616 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(AA) may not be disclosed pursuant to a court order; 

or 

‘‘(BB) has been filed under seal under section 3730 

of title 31; and 

‘‘(II) the Attorney General or the Inspector General, as 

applicable, submits to the Special Counsel a written report 

that describes— 

‘‘(aa) the material being withheld; and 

‘‘(bb) the reason that the material is being withheld. 

‘‘(C)(i) A claim of common law privilege by an agency, or an 

officer or employee of an agency, shall not prevent the Special 

Counsel from obtaining any material described in subparagraph 

(A)(i) with respect to the agency. 

‘‘(ii) The submission of material described in subparagraph 

(A)(i) by an agency to the Special Counsel may not be deemed 

to waive any assertion of privilege by the agency against a nonFederal entity or against an individual in any other proceeding. 

‘‘(iii) With respect to any record or other information made 

available to the Special Counsel by an agency under subparagraph 

(A), the Special Counsel may only disclose the record or information 

for a purpose that is in furtherance of any authority provided 

to the Special Counsel under this subchapter. 

‘‘(6) The Special Counsel shall submit to the Committee on 

Homeland Security and Governmental Affairs of the Senate, the 

Committee on Oversight and Government Reform of the House 

of Representatives, and each committee of Congress with jurisdiction over the applicable agency a report regarding any case of 

contumacy or failure to comply with a request submitted by the 

Special Counsel under paragraph (5)(A).’’. 

(b) INFORMATION ON WHISTLEBLOWER PROTECTIONS.— 

(1) AGENCY RESPONSIBILITIES.— 

(A) REPEAL.—Section 2307 of chapter 23 of title 5, 

United States Code, and the item related to such section 

in the table of sections for such chapter, is repealed. 

(B) INFORMATION ON WHISTLEBLOWER PROTECTIONS.— Section 2302 of title 5, United States Code, is amended 

by— 

(i) redesignating subsections (c), (d), and (e) as 

subsections (d), (e), and (f), respectively; and 

(ii) by inserting after subsection (b) the following: 

‘‘(c)(1) In this subsection— 

‘‘(A) the term ‘new employee’ means an individual— 

‘‘(i) appointed to a position as an employee on or after 

the date of enactment of this subsection; and 

‘‘(ii) who has not previously served as an employee; 

and 

‘‘(B) the term ‘whistleblower protections’ means the protections against and remedies for a prohibited personnel practice 

described in paragraph (8) or subparagraph (A)(i), (B), (C), 

or (D) of paragraph (9) of subsection (b). 

‘‘(2) The head of each agency shall be responsible for— 

‘‘(A) preventing prohibited personnel practices; 

‘‘(B) complying with and enforcing applicable civil service 

laws, rules, and regulations and other aspects of personnel 

management; and 

‘‘(C) ensuring, in consultation with the Special Counsel 

and the Inspector General of the agency, that employees of 

5 USC 2301 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1617 

the agency are informed of the rights and remedies available 

to the employees under this chapter and chapter 12, including— 

‘‘(i) information with respect to whistleblower protections available to new employees during a probationary 

period; 

‘‘(ii) the role of the Office of Special Counsel and the 

Merit Systems Protection Board with respect to whistleblower protections; and 

‘‘(iii) the means by which, with respect to information 

that is otherwise required by law or Executive order to 

be kept classified in the interest of national defense or 

the conduct of foreign affairs, an employee may make a 

lawful disclosure of the information to— 

‘‘(I) the Special Counsel; 

‘‘(II) the Inspector General of an agency; 

‘‘(III) Congress; or 

‘‘(IV) another employee of the agency who is designated to receive such a disclosure. 

‘‘(3) The head of each agency shall ensure that the information 

described in paragraph (2) is provided to each new employee of 

the agency not later than 180 days after the date on which the 

new employee is appointed. 

‘‘(4) The head of each agency shall make available information 

regarding whistleblower protections applicable to employees of the 

agency on the public website of the agency and on any online 

portal that is made available only to employees of the agency, 

if such portal exists. 

‘‘(5) Any employee to whom the head of an agency delegates 

authority for any aspect of personnel management shall, within 

the limits of the scope of the delegation, be responsible for the 

activities described in paragraph (2).’’. 

(2) INFORMATION ON APPEAL RIGHTS.— 

(A) IN GENERAL.—Any notice provided to an employee 

under section 7503(b)(1), section 7513(b)(1), or section 

7543(b)(1) of title 5, United States Code, shall include 

detailed information with respect to— 

(i) the right of the employee to appeal an action 

brought under the applicable section; 

(ii) the forums in which the employee may file 

an appeal described in clause (i); and 

(iii) any limitations on the rights of the employee 

that would apply because of the forum in which the 

employee decides to file an appeal. 

(B) DEVELOPMENT OF INFORMATION.—The information 

described in subparagraph (A) shall be developed by the 

Director of the Office of Personnel Management, in consultation with the Special Counsel, the Merit Systems 

Protection Board, and the Equal Employment Opportunity 

Commission. 

(3) TECHNICAL AND CONFORMING AMENDMENTS.— 

(A) Section 4505a(b)(2) of title 5, United States Code, 

is amended by striking ‘‘section 2302(c)’’ and inserting ‘‘section 2302(d)’’. 

(B) Section 5755(b)(2) of title 5, United States Code, 

is amended by striking ‘‘section 2302(c)’’ and inserting ‘‘section 2302(d)’’. 

5 USC 7503 note. 


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131 STAT. 1618 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) Section 110(b)(2) of the Whistleblower Protection 

Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended 

by striking ‘‘section 2302(e)(1) or (2)’’ and inserting ‘‘section 

2302(f)(1) or (2)’’. 

(D) Section 1217(d)(3) of the Panama Canal Act of 

1979 (22 U.S.C. 3657(d)(3)) is amended by striking ‘‘section 

2302(c)’’ and inserting ‘‘section 2302(d)’’. 

(E) Section 1233(b) of the Panama Canal Act of 1979 

(22 U.S.C. 3673(b)) is amended by striking ‘‘section 2302(c)’’ 

and inserting ‘‘section 2302(d)’’. 

(c) ADDITIONAL WHISTLEBLOWER PROVISIONS.— (1) PROHIBITED PERSONNEL PRACTICES.—Section 2302 of 

title 5, United States Code, is amended— 

(A) in subsection (b)(9)(C), by inserting ‘‘(or any other 

component responsible for internal investigation or review)’’ 

after ‘‘Inspector General’’; and 

(B) in subsection (f)— 

(i) in paragraph (1)— 

(I) in subparagraph (E), by striking ‘‘or’’ at 

the end; 

(II) by redesignating subparagraph (F) as 

subparagraph (G); and 

(III) by inserting after subparagraph (E) the 

following: 

‘‘(F) the disclosure was made before the date on which 

the individual was appointed or applied for appointment 

to a position; or’’; and 

(ii) by striking paragraph (2) and inserting the 

following: 

‘‘(2) If a disclosure is made during the normal course of 

duties of an employee, the principal job function of whom 

is to regularly investigate and disclose wrongdoing (referred 

to in this paragraph as the ‘disclosing employee’), the disclosure 

shall not be excluded from subsection (b)(8) if the disclosing 

employee demonstrates that an employee who has the authority 

to take, direct other individuals to take, recommend, or approve 

any personnel action with respect to the disclosing employee 

took, failed to take, or threatened to take or fail to take a 

personnel action with respect to the disclosing employee in 

reprisal for the disclosure made by the disclosing employee.’’. 

(2) EXPLANATIONS FOR FAILURE TO TAKE ACTION.—Section 

1213 of title 5, United States Code, is amended— 

(A) in subsection (b), by striking ‘‘15 days’’ and 

inserting ‘‘45 days’’; and 

(B) in subsection (e)— 

(i) in paragraph (1), by striking ‘‘Any such report’’ 

and inserting ‘‘Any report required under subsection 

(c) or paragraph (5) of this subsection’’; 

(ii) by striking paragraph (2) and inserting the 

following: 

‘‘(2) Upon receipt of any report that the head of an agency 

is required to submit under subsection (c), the Special Counsel 

shall review the report and determine whether— 

‘‘(A) the findings of the head of the agency appear 

reasonable; and 

‘‘(B) if the Special Counsel requires the head of the 

agency to submit a supplemental report under paragraph 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1619 

(5), the reports submitted by the head of the agency collectively contain the information required under subsection 

(d).’’; 

(iii) in paragraph (3), by striking ‘‘agency report 

received pursuant to subsection (c) of this section’’ and 

inserting ‘‘report submitted to the Special Counsel by 

the head of an agency under subsection (c) or paragraph (5) of this subsection’’; and 

(iv) by adding at the end the following: 

‘‘(5) If, after conducting a review of a report under paragraph (2), the Special Counsel concludes that the Special 

Counsel requires additional information or documentation to 

determine whether the report submitted by the head of an 

agency is reasonable and sufficient, the Special Counsel may 

request that the head of the agency submit a supplemental 

report— 

‘‘(A) containing the additional information or documentation identified by the Special Counsel; and 

‘‘(B) that the head of the agency shall submit to the 

Special Counsel within a period of time specified by the 

Special Counsel.’’. 

(3) TRANSFER REQUESTS DURING STAYS.— 

(A) PRIORITY GRANTED.—Section 1214(b)(1) of title 5, 

United States Code, is amended— 

(i) by striking subparagraph (E); and 

(ii) by adding at the end the following: 

‘‘(E) If the Board grants a stay under subparagraph 

(A), the head of the agency employing the employee who 

is the subject of the action shall give priority to a request 

for a transfer submitted by the employee.’’. 

(B) PROBATIONARY EMPLOYEES.—Section 1221 of title 

5, United States Code, is amended— 

(i) by striking subsection (k); and 

(ii) by adding at the end the following: 

‘‘(k) If the Board grants a stay under subsection (c) and the 

employee who is the subject of the action is in probationary status, 

the head of the agency employing the employee shall give priority 

to a request for a transfer submitted by the employee.’’. 

(4) RETALIATORY INVESTIGATIONS.—Section 1214 of title 5, 

United States Code, is amended by adding at the end the 

following: 

‘‘(i) The Special Counsel may petition the Board to order corrective action, including fees, costs, or damages reasonably incurred 

by an employee due to an investigation of the employee by an 

agency, if the investigation by an agency was commenced, expanded, 

or extended in retaliation for a disclosure or protected activity 

described in section 2302(b)(8) or subparagraph (A)(i), (B), (C), 

or (D) of section 2302(b)(9), without regard to whether a personnel 

action, as defined in section 2302(a)(2)(A), is taken.’’. 

(d) PROTECTION OF WHISTLEBLOWERS AS CRITERIA IN PERFORMANCE APPRAISALS.— 

(1) ESTABLISHMENT OF SYSTEMS.—Section 4302 of title 5, 

United States Code, is amended— 

(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and 

(B) by inserting after subsection (a) the following: 


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131 STAT. 1620 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(b)(1) The head of each agency, in consultation with the 

Director of the Office of Personnel Management and the Special 

Counsel, shall develop criteria that— 

‘‘(A) the head of the agency shall use as a critical element 

for establishing the job requirements of a supervisory employee; 

and 

‘‘(B) promote the protection of whistleblowers. 

‘‘(2) The criteria required under paragraph (1) shall include— 

‘‘(A) principles for the protection of whistleblowers, such 

as the degree to which supervisory employees— 

‘‘(i) respond constructively when employees of the 

agency make disclosures described in subparagraph (A) 

or (B) of section 2302(b)(8); 

‘‘(ii) take responsible actions to resolve the disclosures 

described in clause (i); and 

‘‘(iii) foster an environment in which employees of the 

agency feel comfortable making disclosures described in 

clause (i) to supervisory employees or other appropriate 

authorities; and 

‘‘(B) for each supervisory employee— 

‘‘(i) whether the agency entered into an agreement 

with an individual who alleged that the supervisory 

employee committed a prohibited personnel practice; and 

‘‘(ii) if the agency entered into an agreement described 

in clause (i), the number of instances in which the agency 

entered into such an agreement with respect to the supervisory employee. 

‘‘(3) In this subsection— 

‘‘(A) the term ‘agency’ means any entity the employees 

of which are covered under paragraphs (8) and (9) of section 

2302(b), without regard to whether any other provision of this 

section is applicable to the entity; 

‘‘(B) the term ‘prohibited personnel practice’ has the 

meaning given the term in section 2302(a)(1); 

‘‘(C) the term ‘supervisory employee’ means an employee 

who would be a supervisor, as defined in section 7103(a), if 

the agency employing the employee was an agency for purposes 

of chapter 71; and 

‘‘(D) the term ‘whistleblower’ means an employee who 

makes a disclosure described in section 2302(b)(8).’’. 

(2) CRITERIA FOR PERFORMANCE APPRAISALS.—Section 4313 

of title 5, United States Code, is amended— 

(A) in paragraph (4), by striking ‘‘and’’ at the end; 

(B) in paragraph (5), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(6) protecting whistleblowers, as described in section 

4302(b)(2).’’. 

(3) ANNUAL REPORT TO CONGRESS ON UNACCEPTABLE

PERFORMANCE IN WHISTLEBLOWER PROTECTION.— 

(A) DEFINITIONS.—In this paragraph, the terms 

‘‘agency’’ and ‘‘whistleblower’’ have the meanings given the 

terms in section 4302(b)(3) of title 5, United States Code, 

as amended by paragraph (1). 

(B) REPORT.—Each agency shall annually submit to 

the Committee on Homeland Security and Governmental 

Affairs of the Senate, the Committee on Oversight and 

5 USC 4302 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1621 

Government Reform of the House of Representatives, and 

each committee of Congress with jurisdiction over the 

agency a report that details— 

(i) the number of performance appraisals, for the 

year covered by the report, that determined that an 

employee of the agency failed to meet the standards 

for protecting whistleblowers that were established 

under section 4302(b) of title 5, United States Code, 

as amended by paragraph (1); 

(ii) the reasons for the determinations described 

in clause (i); and 

(iii) each performance-based or corrective action 

taken by the agency in response to a determination 

under clause (i). 

(4) TECHNICAL AND CONFORMING AMENDMENT.—Section 

4301 of title 5, United States Code, is amended, in the matter 

preceding paragraph (1), by striking ‘‘For the purpose of’’ and 

inserting ‘‘Except as otherwise expressly provided, for the purpose of’’. 

(e) DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST

WHISTLEBLOWERS.— 

(1) IN GENERAL.—Subchapter II of chapter 75 of title 5, 

United States Code, is amended— 

(A) by striking section 7515; and 

(B) by adding at the end the following: 

‘‘§ 7515. Discipline of supervisors based on retaliation against 

whistleblowers 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’— 

‘‘(A) has the meaning given the term in section 

2302(a)(2)(C), without regard to whether any other provision of this chapter is applicable to the entity; and 

‘‘(B) does not include any entity that is an element 

of the intelligence community, as defined in section 3 of 

the National Security Act of 1947 (50 U.S.C. 3003); 

‘‘(2) the term ‘prohibited personnel action’ means taking 

or failing to take an action in violation of paragraph (8), (9), 

or (14) of section 2302(b) against an employee of an agency; 

and 

‘‘(3) the term ‘supervisor’ means an employee who would 

be a supervisor, as defined in section 7103(a), if the entity 

employing the employee was an agency. 

‘‘(b) PROPOSED DISCIPLINARY ACTIONS.— 

‘‘(1) IN GENERAL.—Subject to section 1214(f), if the head 

of the agency in which a supervisor is employed, an administrative law judge, the Merit Systems Protection Board, the Special 

Counsel, a judge of the United States, or the Inspector General 

of the agency in which a supervisor is employed has determined 

that the supervisor committed a prohibited personnel action, 

the head of the agency in which the supervisor is employed, 

consistent with the procedures required under paragraph (2)— 

‘‘(A) for the first prohibited personnel action committed 

by the supervisor— 

‘‘(i) shall propose suspending the supervisor for 

a period that is not less than 3 days; and 

5 USC 7515. 


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131 STAT. 1622 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(ii) may propose an additional action determined 

appropriate by the head of the agency, including a 

reduction in grade or pay; and 

‘‘(B) for the second prohibited personnel action committed by the supervisor, shall propose removing the supervisor. 

‘‘(2) PROCEDURES.— ‘‘(A) NOTICE.—A supervisor against whom an action 

is proposed to be taken under paragraph (1) is entitled 

to written notice that— 

‘‘(i) states the specific reasons for the proposed 

action; and 

‘‘(ii) informs the supervisor about the right of the 

supervisor to review the material that is relied on 

to support the reasons given in the notice for the 

proposed action. 

‘‘(B) ANSWER AND EVIDENCE.— 

‘‘(i) IN GENERAL.—A supervisor who receives notice 

under subparagraph (A) may, not later than 14 days 

after the date on which the supervisor receives the 

notice, submit an answer and furnish evidence in support of that answer. 

‘‘(ii) NO EVIDENCE FURNISHED; INSUFFICIENT EVIDENCE FURNISHED.—If, after the end of the 14-day 

period described in clause (i), a supervisor does not 

furnish any evidence as described in that clause, or 

if the head of the agency in which the supervisor 

is employed determines that the evidence furnished 

by the supervisor is insufficient, the head of the agency 

shall carry out the action proposed under subparagraph 

(A) or (B) of paragraph (1), as applicable. 

‘‘(C) SCOPE OF PROCEDURES.—An action carried out 

under this section— 

‘‘(i) except as provided in clause (ii), shall be subject 

to the same requirements and procedures, including 

those with respect to an appeal, as an action under 

section 7503, 7513, or 7543; and 

‘‘(ii) shall not be subject to— 

‘‘(I) paragraphs (1) and (2) of section 7503(b); 

‘‘(II) paragraphs (1) and (2) of subsection (b) 

and subsection (c) of section 7513; and 

‘‘(III) paragraphs (1) and (2) of subsection (b) 

and subsection (c) of section 7543. 

‘‘(3) NON-DELEGATION.—If the head of an agency is responsible for determining whether a supervisor has committed a 

prohibited personnel action for purposes of paragraph (1), the 

head of the agency may not delegate that responsibility.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of sections for subchapter II of chapter 75 of title 5, United 

States Code, is amended— 

(A) by striking any item relating to section 7515; and 

(B) adding at the end the following: 

‘‘7515. Discipline of supervisors based on retaliation against whistleblowers.’’. 

(f) TERMINATION OF CERTAIN INVESTIGATIONS BY THE OFFICE

OF SPECIAL COUNSEL.—Section 1214(a) of title 5, United States 

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

5 USC 7501 prec. 


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‘‘(6)(A) Notwithstanding any other provision of this section, 

not later than 30 days after the date on which the Special 

Counsel receives an allegation of a prohibited personnel practice 

under paragraph (1), the Special Counsel may terminate an 

investigation of the allegation without further inquiry if the 

Special Counsel determines that— 

‘‘(i) the same allegation, based on the same set of 

facts and circumstances, had previously been— 

‘‘(I)(aa) made by the individual; and 

‘‘(bb) investigated by the Special Counsel; or 

‘‘(II) filed by the individual with the Merit Systems 

Protection Board; 

‘‘(ii) the Special Counsel does not have jurisdiction 

to investigate the allegation; or 

‘‘(iii) the individual knew or should have known of 

the alleged prohibited personnel practice on or before the 

date that is 3 years before the date on which the Special 

Counsel received the allegation. 

‘‘(B) Not later than 30 days after the date on which the 

Special Counsel terminates an investigation under subparagraph (A), the Special Counsel shall provide a written notification to the individual who submitted the allegation of a prohibited personnel practice that states the basis of the Special 

Counsel for terminating the investigation.’’. 

(g) ALLEGATIONS OF WRONGDOING WITHIN THE OFFICE OF SPECIAL COUNSEL.—Section 1212 of title 5, United States Code, is 

amended by adding at the end the following: 

‘‘(i) The Special Counsel shall enter into at least 1 agreement 

with the Inspector General of an agency under which— 

‘‘(1) the Inspector General shall— 

‘‘(A) receive, review, and investigate allegations of 

prohibited personnel practices or wrongdoing filed by 

employees of the Office of Special Counsel; and 

‘‘(B) develop a method for an employee of the Office 

of Special Counsel to communicate directly with the 

Inspector General; and 

‘‘(2) the Special Counsel— 

‘‘(A) may not require an employee of the Office of 

Special Counsel to seek authorization or approval before 

directly contacting the Inspector General in accordance 

with the agreement; and 

‘‘(B) may reimburse the Inspector General for services 

provided under the agreement.’’. 

(h) REPORTING REQUIREMENTS.— 

(1) ANNUAL REPORT.—Section 1218 of title 5, United States 

Code, is amended to read as follows: 

‘‘§ 1218. Annual report 

‘‘The Special Counsel shall submit to Congress, on an annual 

basis, a report regarding the activities of the Special Counsel, 

which shall include, for the year preceding the submission of the 

report— 

‘‘(1) the number, types, and disposition of allegations of 

prohibited personnel practices filed with the Special Counsel 

and the costs of resolving such allegations; 

‘‘(2) the number of investigations conducted by the Special 

Counsel; 


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131 STAT. 1624 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(3) the number of stays and disciplinary actions negotiated 

with agencies by the Special Counsel; 

‘‘(4) the number of subpoenas issued by the Special Counsel; 

‘‘(5) the number of instances in which the Special Counsel 

reopened an investigation after the Special Counsel had made 

an initial determination with respect to the investigation; 

‘‘(6) the actions that resulted from reopening investigations, 

as described in paragraph (5); 

‘‘(7) the number of instances in which the Special Counsel 

did not make a determination before the end of the 240-day 

period described in section 1214(b)(2)(A)(i) regarding whether 

there were reasonable grounds to believe that a prohibited 

personnel practice had occurred, existed, or was to be taken; 

‘‘(8) a description of the recommendations and reports made 

by the Special Counsel to other agencies under this subchapter 

and the actions taken by the agencies as a result of the recommendations or reports; 

‘‘(9) the number of— 

‘‘(A) actions initiated before the Merit Systems Protection Board, including the number of corrective action petitions and disciplinary action complaints initiated; and 

‘‘(B) stays and extensions of stays obtained from the 

Merit Systems Protection Board; 

‘‘(10) the number of prohibited personnel practice complaints that resulted in a favorable action for the complainant, 

other than a stay or an extension of a stay, organized by 

actions in— 

‘‘(A) complaints dealing with reprisals against whistleblowers; and 

‘‘(B) all other complaints; 

‘‘(11) the number of prohibited personnel practice complaints that were resolved by an agreement between an agency 

and an individual, organized by agency and agency components 

in— 

‘‘(A) complaints dealing with reprisals against whistleblowers; and 

‘‘(B) all other complaints; 

‘‘(12) the number of corrective actions that the Special 

Counsel required an agency to take after a finding by the 

Special Counsel of a prohibited personnel practice, as defined 

in section 2302(a)(1); and 

‘‘(13) the results for the Office of Special Counsel of any 

employee viewpoint survey conducted by the Office of Personnel 

Management or any other agency.’’. 

(2) PUBLIC INFORMATION.—Section 1219(a)(1) of title 5, 

United States Code, is amended to read as follows: 

‘‘(1) a list of any noncriminal matters referred to the head 

of an agency under section 1213(c), together with— 

‘‘(A) a copy of the information transmitted to the head 

of the agency under section 1213(c)(1); 

‘‘(B) any report from the agency under section 

1213(c)(1)(B) relating to the matter; 

‘‘(C) if appropriate, not otherwise prohibited by law, 

and consented to by the complainant, any comments from 

the complainant under section 1213(e)(1) relating to the 

matter; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1625 

‘‘(D) the comments or recommendations of the Special 

Counsel under paragraph (3) or (4) of section 1213(e);’’. 

(3) NOTICE OF COMPLAINT SETTLEMENTS.—Section 1217 of 

title 5, United States Code, is amended— 

(A) by striking ‘‘The Special Counsel’’ and inserting 

the following: 

‘‘(a) IN GENERAL.—The Special Counsel’’; and 

(B) by adding at the end the following: 

‘‘(b) ADDITIONAL REPORT REQUIRED.— 

‘‘(1) IN GENERAL.—If an allegation submitted to the Special 

Counsel is resolved by an agreement between an agency and 

an individual, the Special Counsel shall submit to Congress 

and each congressional committee with jurisdiction over the 

agency a report regarding the agreement. 

‘‘(2) CONTENTS.—Any report required under paragraph (1) 

shall identify, with respect to an agreement described in that 

paragraph— 

‘‘(A) the agency that entered into the agreement; 

‘‘(B) the position and employment location of the 

employee who submitted the allegation that formed the 

basis of the agreement, provided the information is not 

so specific as to be reasonably likely to identify the 

employee; 

‘‘(C) the position and employment location of any 

employee alleged by an employee described in subparagraph (B) to have committed a prohibited personnel practice, as defined in section 2302(a)(1); 

‘‘(D) a description of the allegation described in 

subparagraph (B); and 

‘‘(E) whether the agency that entered into the agreement has agreed to pursue any disciplinary action as a 

result of the allegation described in subparagraph (B).’’. 

(i) ESTABLISHMENT OF SURVEY PILOT PROGRAM.— 

(1) IN GENERAL.—The Office of Special Counsel shall design 

and establish a pilot program under which the Office shall 

conduct, during the first full fiscal year after the date of enactment of this Act, a survey of individuals who have filed a 

complaint or disclosure with the Office. 

(2) PURPOSE.—The survey under paragraph (1) shall be 

designed for the purpose of collecting information and 

improving service at various stages of a review or investigation 

by the Office of Special Counsel. 

(3) RESULTS.—The results of the survey under paragraph 

(1) shall be published in the annual report of the Office of 

Special Counsel. 

(4) SUSPENSION OF OTHER SURVEYS.—During the period 

beginning on October 1, 2017, and ending on September 30, 

2018, section 13 of the Act entitled ‘‘An Act to reauthorize 

the Office of Special Counsel, and for other purposes’’, approved 

October 29, 1994 (5 U.S.C. 1212 note), shall have no force 

or effect. 

(j) STAYS OF THE MERIT SYSTEMS PROTECTION BOARD.—Section 

1214(b)(1)(B)(ii) of title 5, United States Code, is amended by 

striking ‘‘who was appointed, by and with the advice and consent 

of the Senate,’’. 

(k) PENALTIES UNDER THE HATCH ACT.— 


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131 STAT. 1626 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) IN GENERAL.—Section 7326 of title 5, United States 

Code, is amended to read as follows: 

‘‘§ 7326. Penalties 

‘‘An employee or individual who violates section 7323 or 7324 

shall be subject to— 

‘‘(1) disciplinary action consisting of removal, reduction in 

grade, debarment from Federal employment for a period not 

to exceed 5 years, suspension, or reprimand; ‘‘(2) an assessment of a civil penalty not to exceed $1,000; 

or 

‘‘(3) any combination of the penalties described in paragraph (1) or (2).’’. 

(2) APPLICATION.—The amendment made by paragraph (1) 

shall apply to any violation of section 7323 or 7324 of title 

5, United States Code, occurring after the date of enactment 

of this Act. 

(l) AMENDMENTS TO DR. CHRIS KIRKPATRICK WHISTLEBLOWER

PROTECTION ACT.—Section 105 of the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 is amended— 

(1) in subsection (a) by inserting ‘‘credible’’ before ‘‘information indicating’’; and 

(2) by adding at the end the following: 

‘‘(c) PERMISSION OF NEXT OF KIN.—The head of the agency 

shall only make a referral under subsection (a) regarding an 

employee after receiving written permission from the next of kin, 

as such term is defined in section 6381 of title 5, United States 

Code, of the employee.’’. 

(m) REGULATIONS.— 

(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this Act, the Special Counsel shall prescribe 

such regulations as may be necessary to perform— 

(A) the functions of the Special Counsel under subchapter II of chapter 12 of title 5, United States Code, 

including regulations that are necessary to carry out sections 1213, 1214, and 1215 of that title; and 

(B) any functions of the Special Counsel that are 

required because of the amendments made by this section. 

(2) PUBLICATION.—Any regulations prescribed under paragraph (1) shall be published in the Federal Register. 

(n) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Section 8(a)(2) of the Whistleblower 

Protection Act of 1989 (5 U.S.C. 5509 note) is amended by 

striking ‘‘2003, 2004, 2005, 2006, and 2007’’ and inserting ‘‘2018 

through 2023’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect as though enacted on September 30, 2017. 

SEC. 1098. AIR TRANSPORTATION OF CIVILIAN DEPARTMENT OF 

DEFENSE PERSONNEL TO AND FROM AFGHANISTAN. 

(a) POLICY REVIEW.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall conduct 

a policy review regarding the use of commercial air transportation 

or alternative forms of air transportation to transport civilian personnel of the Department of Defense to and from Afghanistan. 

(b) REPORT TO CONGRESS.—Not later than 90 days after the 

completion of the policy review required by subsection (a), the 

10 USC 2631 

note prec. 

5 USC 5509 note. 

5 USC 1212 note. 

Ante, p. 1238. 

5 USC 7326 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1627 

Secretary shall submit to the Committees on Armed Services of 

the Senate and House of Representatives a report on the results 

of such review. 

(c) UPDATED GUIDELINES.—Not later than 90 days after the 

completion of the policy review required by subsection (a), the 

Secretary shall issue updated guidelines, based on the report submitted under subsection (b), regarding the use of commercial air 

transportation or alternative forms of air transportation to transport 

civilian personnel of the Department to and from Afghanistan. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. Direct hire authority for the Department of Defense for personnel to assist in business transformation and management innovation. 

Sec. 1102. Extension of direct hire authority for Domestic Defense Industrial Base 

Facilities and Major Range and Test Facilities Base. 

Sec. 1103. Extension of authority to provide voluntary separation incentive pay for 

civilian employees of the Department of Defense. 

Sec. 1104. Additional Department of Defense science and technology reinvention 

laboratories. 

Sec. 1105. One year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1106. Direct hire authority for financial management experts in the Department of Defense workforce. 

Sec. 1107. Extension of authority for temporary personnel flexibilities for Domestic 

Defense Industrial Base Facilities and Major Range and Test Facilities 

Base civilian personnel. 

Sec. 1108. One-year extension of temporary authority to grant allowances, benefits, 

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

Sec. 1109. 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. 1110. Pilot program on enhanced personnel management system for 

cybsersecurity and legal professionals in the Department of Defense. 

Sec. 1111. Establishment of senior scientific technical managers at Major Range 

and Test Facility Base Facilities and Defense Test Resource Management Center. 

SEC. 1101. DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF 

DEFENSE FOR PERSONNEL TO ASSIST IN BUSINESS 

TRANSFORMATION AND MANAGEMENT INNOVATION. 

(a) AUTHORITY.—The Secretary of Defense may appoint in the 

Department of Defense individuals described in subsection (b) without regard to the provisions of subchapter I of chapter 33 of title 

5, United States Code, for the purpose of assisting and facilitating 

the efforts of the Department in business transformation and 

management innovation. 

(b) COVERED INDIVIDUALS.—The individuals described in this 

subsection are individuals who have all of the following: 

(1) A management or business background. 

(2) Experience working with large or complex organizations. 

(3) Expertise in management and organizational change, 

data analytics, or business process design. 

(c) LIMITATION ON NUMBER.—The number of individuals 

appointed pursuant to this section at any one time may not exceed 

10 individuals. 

(d) NATURE OF APPOINTMENT.—Any appointment under this 

section shall be on a term basis, and shall be subject to the term 

appointment regulations in part 316 of title 5, Code of Federal 

10 USC 1580 

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131 STAT. 1628 PUBLIC LAW 115–91—DEC. 12, 2017 

Regulations (other than requirements in such regulations relating 

to competitive hiring). The term of any such appointment shall 

be specified by the Secretary at the time of the appointment. 

(e) BRIEFINGS.— 

(1) IN GENERAL.—Not later than September 30, 2019, and 

September 30, 2021, the Secretary shall brief the appropriate 

committees of Congress on the exercise of the authority in 

this section. 

(2) ELEMENTS.—Each briefing under this subsection shall 

include the following: 

(A) A description and assessment of the results of 

the use of such authority as of the date of such briefing. 

(B) Such recommendations as the Secretary considers 

appropriate for extension or modification of such authority. 

(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs 

of the Senate; and 

(B) the Committee on Armed Services and the Committee on Government Oversight and Reform of the House 

of Representatives. 

(f) SUNSET.— 

(1) IN GENERAL.—The authority to appoint individuals in 

this section shall expire on September 30, 2021. 

(2) CONSTRUCTION WITH EXISTING APPOINTMENTS.—The 

expiration in paragraph (1) of the authority in this section 

shall not be construed to terminate any appointment made 

under this section before the date of expiration that continues 

according to its term as of the date of expiration. 

SEC. 1102. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC 

DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR 

RANGE AND TEST FACILITIES BASE. 

(a) IN GENERAL.—Subsection (a) of section 1125 of subtitle 

B of title XI of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328) is amended by striking ‘‘During 

fiscal years 2017 and 2018,’’ and inserting ‘‘During each of fiscal 

years 2017 through 2021,’’. 

(b) BRIEFING.—Not later than 90 days after the end of each 

of fiscal years 2019 and 2021, the Secretary of Defense shall provide 

a briefing to the Committee on Armed Services of the House of 

Representatives, the Committee on Armed Services of the Senate, 

the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate including— 

(1) a description of the effect of such section 1125 (as 

amended by subsection (a)) on the management of the Department of Defense civilian workforce during the most recently 

ended fiscal year; and 

(2) the number of employees— 

(A) hired under such section during such fiscal year; 

and 

(B) expected to be hired under such section during 

the fiscal year in which the briefing is provided. 

10 USC 1580 

note prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1629 

SEC. 1103. EXTENSION OF AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAY FOR CIVILIAN EMPLOYEES OF 

THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Section 1107 of subtitle A of title XI of 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328) is amended by striking ‘‘September 30, 2018’’ and 

inserting ‘‘September 30, 2021’’. 

(b) BRIEFING.—Not later than December 31, 2019, and 

December 31, 2021, the Secretary of Defense shall provide a briefing 

to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including— 

(1) a description of the effect of such section 1107 (as 

amended by subsection (a)) on the management of the Department of Defense civilian workforce during the most recently 

ended fiscal year; 

(2) the number of employees offered voluntary separation 

incentive payments during such fiscal year by operation of 

such section; and 

(3) the number of such employees that accepted such payments. 

SEC. 1104. ADDITIONAL DEPARTMENT OF DEFENSE SCIENCE AND 

TECHNOLOGY REINVENTION LABORATORIES. 

Section 1105(a) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2487; 10 U.S.C. 

2358 note) is amended by adding at the end the following: 

‘‘(20) The Naval Medical Research Center. 

‘‘(21) The Joint Warfighting Analysis Center. 

‘‘(22) The Naval Facilities Engineering and Expeditionary 

Warfare Center.’’. 

SEC. 1105. ONE YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 

WORKING OVERSEAS. 

Subsection (a) of section 1101 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 1137 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2460), is amended by striking 

‘‘through 2017’’ and inserting ‘‘through 2018’’. 

SEC. 1106. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT 

EXPERTS IN THE DEPARTMENT OF DEFENSE 

WORKFORCE. 

(a) IN GENERAL.—Section 1110 of the National Defense 

Authorization Act for 2017 (Public Law 114–328; 130 Stat. 2450; 

10 U.S.C. 1580 note prec.) is amended— 

(1) in subsection (a), by striking ‘‘the Defense Agencies 

or the applicable military Department’’ and inserting ‘‘a Department of Defense component’’; 

(2) in subsection (b)(1), by striking ‘‘the Defense Agencies’’ 

and inserting ‘‘each Department of Defense component listed 

in subsection (f) other than the Department of the Army, the 

Department of the Navy, and the Department of the Air Force’’; 

5 USC 9902 note. 


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131 STAT. 1630 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) in subsection (d)— 

(A) by striking ‘‘any Defense Agency or military department’’ and inserting ‘‘any Department of Defense component’’; and 

(B) by striking ‘‘such Defense Agency or military 

department’’ and inserting ‘‘such Department of Defense 

component’’; and 

(4) by striking subsection (f) and inserting the following 

new subsection (f): 

‘‘(f) DEPARTMENT OF DEFENSE COMPONENT DEFINED.—In this 

section, the term ‘Department of Defense component’ means the 

following: 

‘‘(1) A Defense Agency. 

‘‘(2) The Office of the Chairman of the Joint Chiefs of 

Staff. 

‘‘(3) The Joint Staff. 

‘‘(4) A combatant command. 

‘‘(5) The Office of the Inspector General of the Department 

of Defense. 

‘‘(6) A Field Activity of the Department of Defense. 

‘‘(7) The Department of the Army. 

‘‘(8) The Department of the Navy. 

‘‘(9) The Department of the Air Force.’’. 

(b) BRIEFING.—Not later than 90 days after the end of each 

of fiscal years 2019 and 2021, the Secretary of Defense shall provide 

a briefing to the Committee on Armed Services of the House of 

Representatives, the Committee on Armed Services of the Senate, 

the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate including— 

(1) a description of the effect of section 1110 of subtitle 

A of title XI of the National Defense Authorization Act, 2017 

(Public Law 114–328), as amended by subsection (a), on the 

management of the Department of Defense civilian workforce 

during the most recently ended fiscal year; and 

(2) the number of employees— 

(A) hired under such section during such fiscal year; 

and 

(B) expected to be hired under such section during 

the fiscal year in which the briefing is provided. 

SEC. 1107. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL 

FLEXIBILITIES FOR DOMESTIC DEFENSE INDUSTRIAL 

BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE CIVILIAN PERSONNEL. 

(a) IN GENERAL.—Subsection (a) of section 1132 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 130 Stat. 2457) is amended by striking ‘‘and 2018’’ and 

inserting ‘‘through 2021’’. 

(b) BRIEFING.—Not later than 90 days after the end of each 

of fiscal years 2019 and 2021, the Secretary of Defense shall provide 

a briefing to the Committee on Armed Services of the House of 

Representatives, the Committee on Armed Services of the Senate, 

the Committee on Oversight and Government Reform of the House 

of Representatives, and the Committee on Homeland Security and 

Governmental Affairs of the Senate including— 

10 USC 1580 

note prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1631 

(1) a description of the effect of such section 1132 (as 

amended by subsection (a)) on the management of civilian 

personnel at domestic defense industrial base facilities and 

Major Range and Test Facilities Base during the most recently 

ended fiscal year; and 

(2) the number of employees— 

(A) hired under such section during such fiscal year; 

and 

(B) expected to be hired under such section during 

the fiscal year in which the briefing is provided. 

SEC. 1108. 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 as most recently amended by section 1133 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2459), is further amended by striking 

‘‘2018’’ and inserting ‘‘2019’’. 

SEC. 1109. 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, 2018’’ and inserting ‘‘September 30, 

2019’’. 

SEC. 1110. PILOT PROGRAM ON ENHANCED PERSONNEL MANAGEMENT 

SYSTEM FOR CYBSERSECURITY AND LEGAL PROFESSIONALS IN THE DEPARTMENT OF DEFENSE. 

(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall 

carry out within the Department of Defense a pilot program to 

assess the feasability and advisability of an enhanced personnel 

management system in accordance with this section for cybersecurity and legal professionals in the Department described in subsection (b) who enter civilian service with the Department on or 

after January 1, 2020. 

(b) CYBERSECURITY AND LEGAL PROFESSIONALS.— 

(1) IN GENERAL.—The cybersecurity and legal professionals 

described in this subsection are the following: 

(A) Civilian cybersecurity professionals in the Department of Defense consisting of civilian personnel engaged 

in or directly supporting planning, commanding and 

controlling, training, developing, acquiring, modifying, and 

operating systems and capabilities, and military units and 

intelligence organizations (other than those funded by the 

National Intelligence Program) that are directly engaged 

in or used for offensive and defensive cyber and information 

warfare or intelligence activities in support thereof. 

10 USC 1580 

note prec. 


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(B) Civilian legal professionals in the Department occupying legal or similar positions, as determined by the Secretary of Defense for purposes of the pilot program, that 

require eligibility to practice law in a State or territory 

of the United States. 

(2) INAPPLICABILITY TO SES POSITIONS.—The pilot program 

shall not apply to positions within the Senior Executive Service 

under subchapter VIII of chapter 53 of title 5, United States 

Code. 

(c) DIRECT-APPOINTMENT AUTHORITY.— 

(1) INAPPLICABILITY OF GENERAL CIVIL SERVICE APPOINTMENT AUTHORITIES TO APPOINTMENTS.—Under the pilot program, the Secretary of Defense, with respect to the Defense 

Agencies, and the Secretary of the military department concerned, with respect to the military departments, may appoint 

qualified candidates as cybersecurity and legal professionals 

without regard to the provisions of subchapter I of chapter 

33 of title 5, United States Code. 

(2) APPOINTMENT ON DIRECT-HIRE BASIS.—Appointments 

under the pilot program shall be made on a direct-hire basis. 

(d) TERM APPOINTMENTS.— 

(1) RENEWABLE TERM APPOINTMENTS.—Each individual 

shall serve with the Department of Defense as a cybersecurity 

or legal professional under the pilot program pursuant to an 

initial appointment to service with the Department for a term 

of not less than 2 years nor more than 8 years. Any term 

of appointment under the pilot program may be renewed for 

one or more additional terms of not less than 2 years nor 

more than 8 years as provided in subsection (h). 

(2) LENGTH OF TERMS.—The length of the term of appointment to a position under the pilot program shall be prescribed 

by the Secretary of Defense taking into account the national 

security, mission, and other applicable requirements of the 

position. Positions having identical or similar requirements or 

terms may be grouped into categories for purposes of the pilot 

program. The Secretary may delegate any authority in this 

paragraph to a commissioned officer of the Armed Forces in 

pay grade O–7 or above or an employee in the Department 

in the Senior Executive Service. 

(e) NATURE OF SERVICE UNDER APPOINTMENTS.— 

(1) TREATMENT OF PERSONNEL APPOINTED AS EMPLOYEES.— 

Except as otherwise provided by this section, individuals 

serving with the Department of Defense as cybersecurity or 

legal professionals under the pilot program pursuant to appointments under this section shall be considered employees (as 

specified in section 2105 of title 5, United States Code) for 

purposes of the provisions of title 5, United States Code, and 

other applicable provisions of law, including, in particular, for 

purposes as follows: 

(A) Eligibility for participation in the Federal 

Employees’ Retirement System under chapter 84 of title 

5, United States Code, subject to the provisions of section 

8402 of such title and the regulations prescribed pursuant 

to such section. 

(B) Eligibility for enrollment in a health benefits plan 

under chapter 89 of title 5, United States Code (commonly 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1633 

referred as the ‘‘Federal Employees Health Benefits Program’’). 

(C) Eligibility for and subject to the employment protections of subpart F of part III of title 5, United States 

Code, relating to merit principles and protections. 

(D) Eligibility for the protections of chapter 81, of 

title 5, United States Code, relating to workers compensation. 

(2) SCOPE OF RIGHTS AND BENEFITS.—In administering the 

pilot program, the Secretary of Defense shall specify, and from 

time to time update, a comprehensive description of the rights 

and benefits of individuals serving with the Department under 

the pilot program pursuant to this subsection and of the provisions of law under which such rights and benefits arise. 

(f) COMPENSATION.— (1) BASIC PAY.—Individuals serving with the Department 

of Defense as cybersecurity or legal professionals under the 

pilot program shall be paid basic pay for such service in accordance with a schedule of pay prescribed by the Secretary of 

Defense for purposes of the pilot program. 

(2) TREATMENT AS BASIC PAY.—Basic pay payable under 

the pilot program shall be treated for all purposes as basic 

pay paid under the provisions of title 5, United States Code. 

(3) PERFORMANCE AWARDS.—Individuals serving with the 

Department as cybersecurity or legal professionals under the 

pilot program may be awarded such performance awards for 

outstanding performance as the Secretary shall prescribe for 

purposes of the pilot program. The performance awards may 

include a monetary bonus, time off with pay, or such other 

awards as the Secretary considers appropriate for purposes 

of the pilot program. The award of performance awards under 

the pilot program shall be based in accordance with such policies and requirements as the Secretary shall prescribe for purposes of the pilot program. 

(4) ADDITIONAL COMPENSATION.—Individuals serving with 

the Department as cybersecurity or legal professionals under 

the pilot program may be awarded such additional compensation above basic pay as the Secretary (or the designees of 

the Secretary) consider appropriate in order to promote the 

recruitment and retention of highly skilled and productive 

cybersecurity and legal professionals to and with the Department. 

(g) PROBATIONARY PERIOD.—The following terms of appointment 

shall be treated as a probationary period under the pilot program: 

(1) The first term of appointment of an individual to service 

with the Department of Defense as a cybersecurity or legal 

professional, regardless of length. 

(2) The first term of appointment of an individual to a 

supervisory position in the Department as a cybersecurity or 

legal professional, regardless of length and regardless of 

whether or not such term of appointment to a supervisory 

position is the first term of appointment of the individual 

concerned to service with the Department as a cybersecurity 

or legal professional. 

(h) RENEWAL OF APPOINTMENTS.— (1) IN GENERAL.—The Secretary of Defense shall prescribe 

the conditions for the renewal of appointments under the pilot 


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program. The conditions may apply to one or more categories 

of positions, positions on a case-by-case basis, or both. 

(2) PARTICULAR CONDITIONS.—In prescribing conditions for 

the renewal of appointments under the pilot program, the Secretary shall take into account the following (in the order specified): 

(A) The necessity for the continuation of the position 

concerned based on mission requirements and other 

applicable justifications for the position. 

(B) The service performance of the individual serving 

in the position concerned, with individuals with satisfactory 

or better performance afforded preference in renewal. 

(C) Input from employees on conditions for renewal. 

(D) Applicable private and public sector labor market 

conditions. 

(3) SERVICE PERFORMANCE.—The assessment of the service 

performance of an individual under the pilot program for purposes of paragraph (2)(B) shall consist of an assessment of 

the ability of the individual to effectively accomplish mission 

goals for the position concerned as determined by the supervisor 

or manager of the individual based on the individual’s performance evaluations and the knowledge of and review by such 

supervisor or manager (developed in consultation with the individual) of the individual’s performance in the position. An 

individual’s tenure of service in a position or the Department 

of Defense may not be the primary element of the assessment. 

(i) PROFESSIONAL DEVELOPMENT.—The pilot program shall provide for the professional development of individuals serving with 

the Department of Defense as cybersecurity and legal professionals 

under the pilot program in a manner that— 

(1) creates opportunities for education, training, and careerbroadening experiences, and for experimental opportunities in 

other organizations within and outside the Federal Government; and 

(2) reflects the differentiated needs of personnel at different 

stages of their careers. 

(j) SABBATICALS.— 

(1) IN GENERAL.—The pilot program shall provide for an 

individual who is in a successive term after the first 8 years 

with the Department of Defense as a cybersecurity or legal 

professional under the pilot program to take, at the election 

of the individual, a paid or unpaid sabbatical from service 

with the Department for professional development or education 

purposes. The length of a sabbatical shall be any length not 

less than 6 months nor more than 1 year (unless a different 

period is approved by the Secretary of the military department 

or head of the organization or element of the Department 

concerned for purposes of this subsection). The purpose of any 

sabbatical shall be subject to advance approval by the organization or element in the Department in which the individual 

is currently performing service. The taking of a sabbatical 

shall be contingent on the written agreement of the individual 

concerned to serve with the Department for an appropriate 

length of time at the conclusion of the term of appointment 

in which the sabbatical commences, with the period of such 

service to be in addition to the period of such term of appointment. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1635 

(2) NUMBER OF SABBATICALS.—An individual may take 

more than one sabbatical under this subsection. 

(3) REPAYMENT.—Except as provided in paragraph (4), an 

individual who fails to satisfy a written agreement executed 

under paragraph (1) with respect to a sabbatical shall repay 

the Department an amount equal to any pay, allowances, and 

other benefits received by the individual from the Department 

during the period of the sabbatical. 

(4) WAIVER OF REPAYMENT.—An agreement under paragraph (1) may include such conditions for the waiver of repayment otherwise required under paragraph (3) for failure to 

satisfy such agreement as the Secretary specifies in such agreement. 

(k) REGULATIONS.—The Secretary of Defense shall administer 

the pilot program under regulations prescribed by the Secretary 

for purposes of the pilot program. 

(l) TERMINATION.— 

(1) IN GENERAL.—The authority of the Secretary of Defense 

to appoint individuals for service with the Department of 

Defense as cybersecurity or legal professionals under the pilot 

program shall expire on December 31, 2029. 

(2) EFFECT ON EXISTING APPOINTMENTS.—The termination 

of authority in paragraph (1) shall not be construed to terminate 

or otherwise affect any appointment made under this section 

before December 31, 2029, that remains valid as of that date. 

(m) IMPLEMENTATION.— 

(1) INTERIM FINAL RULE.—Not later than one year after 

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

shall prescribe an interim final rule to implement the pilot 

program. 

(2) FINAL RULE.—Not later than 180 days after prescribing 

the interim final rule under paragraph (1) and considering 

public comments with respect to such interim final rule, the 

Secretary shall prescribe a final rule to implement the pilot 

program. 

(3) OBJECTIVES.—The regulations prescribed under paragraphs (1) and (2) shall accomplish the objectives set forth 

in subsections (a) through (j) and otherwise ensure flexibility 

and expedited appointment of cybersecurity and legal professionals in the Department of Defense under the pilot program. 

(n) REPORTS.— 

(1) REPORTS REQUIRED.—Not later than January 30 of each 

of 2022, 2025, and 2028, the Secretary of Defense shall submit 

to the appropriate committees of Congress a report on the 

carrying out of the pilot program. Each report shall include 

the following: 

(A) A description and assessment of the carrying out 

of the pilot program during the period since the commencement of the pilot program or the previous submittal of 

a report under this subsection, as applicable. 

(B) A description and assessment of the successes in 

and impediments to carrying out the pilot program system 

during such period. 


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131 STAT. 1636 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) Such recommendations as the Secretary considers 

appropriate for legislative action to improve the pilot program and to otherwise improve civilian personnel management of cybersecurity and legal professionals by the Department of Defense. 

(D) In the case of the report submitted in 2028, an 

assessment and recommendations by the Secretary on 

whether to make the pilot program permanent. 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs 

of the Senate; and 

(B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House 

of Representatives. 

SEC. 1111. ESTABLISHMENT OF SENIOR SCIENTIFIC TECHNICAL MANAGERS AT MAJOR RANGE AND TEST FACILITY BASE 

FACILITIES AND DEFENSE TEST RESOURCE MANAGEMENT CENTER. 

Section 2358a of title 10, United States Code, is amended— 

(1) in subsection (d)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘, each facility of the Major Range and Test 

Facility Base, and the Defense Test Resource Management Center’’ after ‘‘each STRL’’; and 

(ii) in subparagraph (A), by inserting ‘‘, of such 

facility of the Major Range and Test Facility Base, 

or the Defense Test Resource Management Center’’; 

and 

(B) in paragraph (2)— 

(i) by striking ‘‘The positions’’ and inserting ‘‘(A) 

The laboratory positions’’; and 

(ii) by adding at the end the following new 

subparagraph: 

‘‘(B) The test and evaluation positions described in 

paragraph (1) may be filled, and shall be managed, by 

the director of the Major Range and Test Facility Base, 

in the case of a position at a facility of the Major Range 

and Test Facility Base, and the director of the Defense 

Test Resource Management Center, in the case of a position 

at such center, under criteria established pursuant to section 342(b) of the National Defense Authorization Act for 

Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 

note), relating to personnel demonstration projects at laboratories of the Department of Defense, except that the 

director involved shall determine the number of such positions at each facility of the Major Range and Test Facility 

Base and the Defense Test Resource Management Center, 

not to exceed two percent of the number of scientists and 

engineers, but at least one position, employed at the Major 

Range and Test Facility Base or the Defense Test Resource 

Management Center, as the case may be, as of the close 

of the last fiscal year before the fiscal year in which any 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1637 

appointments subject to those numerical limitations are 

made.’’; and 

(2) in subsection (f)— 

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively; 

(B) by inserting before paragraph (2), as redesignated 

by subparagraph (A), the following new paragraph (1): 

‘‘(1) The term ‘Defense Test Resource Management Center’ 

means the Department of Defense Test Resource Management 

Center established under section 196 of this title.’’; and 

(C) by inserting after paragraph (2), as so redesignated, 

the following new paragraph: 

‘‘(3) The term ‘Major Range and Test Facility Base’ means 

the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities and resources 

comprising the Major Range and Test Facility Base.’’. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of logistical support for coalition forces supporting 

certain United States military operations. Sec. 1202. Support of special operations for irregular warfare. 

Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for precision 

guided munitions. Sec. 1204. Modification of defense institution capacity building and authority to 

build capacity of foreign security forces. Sec. 1205. Extension and modification of authority on training for Eastern European national security forces in the course of multilateral exercises. Sec. 1206. Global Security Contingency Fund. 

Sec. 1207. Defense Institute of International Legal Studies. 

Sec. 1208. Extension of participation in and support of the Inter-American Defense 

College. Sec. 1209. Plan on improvement of ability of national security forces of foreign 

countries participating in United States capacity building programs to 

protect civilians. 

Subtitle B—Matters Relating to Afghanistan and Pakistan 

Sec. 1211. Extension of authority to transfer defense articles and provide defense 

services to the military and security forces of Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1213. Special immigrant visas for Afghan allies. 

Sec. 1214. Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan. 

Sec. 1215. Extension of semiannual report on enhancing security and stability in 

Afghanistan. 

Sec. 1216. Human rights vetting of Afghan National Defense and Security Forces. 

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

Sec. 1221. Report on United States strategy in Syria. 

Sec. 1222. Extension and modification of authority to provide assistance to counter 

the Islamic State of Iraq and Syria. 

Sec. 1223. Modification of authority to provide assistance to the vetted Syrian opposition. 

Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. 

Sec. 1225. Modification and additional elements in annual report on the military 

power of Iran. 

Sec. 1226. Extension of quarterly reports on confirmed ballistic missile launches 

from Iran and imposition of sanctions in connection with those launches. 

Sec. 1227. Limitation on use of funds for provision of man-portable air defense systems to the vetted Syrian opposition. 


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131 STAT. 1638 PUBLIC LAW 115–91—DEC. 12, 2017 

Sec. 1228. Report on agreement with the Government of the Russian Federation on 

the status of Syria. 

Subtitle D—Matters Relating to the Russian Federation 

Sec. 1231. Extension of limitation on military cooperation between the United 

States and the Russian Federation. 

Sec. 1232. Prohibition on availability of funds relating to sovereignty of the Russian 

Federation over Crimea. 

Sec. 1233. Sense of Congress on European security. 

Sec. 1234. Modification and extension of Ukraine Security Assistance Initiative. 

Sec. 1235. Limitation on availability of funds relating to implementation of the 

Open Skies Treaty. 

Sec. 1236. Sense of Congress on importance of nuclear capabilities of NATO. 

Sec. 1237. Report on Security Cooperation with respect to Western Balkan Countries. 

Sec. 1238. Plan to respond in case of Russian noncompliance with the New START 

Treaty. 

Sec. 1239. Strategy to counter threats by the Russian Federation. 

Sec. 1239A. Strategy to counter the threat of malign influence by the Russian Federation. 

Subtitle E—Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 

2017 

Sec. 1241. Short title. 

Sec. 1242. Findings. 

Sec. 1243. Compliance enforcement regarding Russian violations of the INF Treaty. 

Sec. 1244. Notification requirement related to Russian Federation development of 

noncompliant systems and United States actions regarding material 

breach of INF Treaty by the Russian Federation. 

Sec. 1245. Review of RS–26 ballistic missile. 

Sec. 1246. Definitions. 

Subtitle F—Matters Relating to the Indo-Asia-Pacific Region 

Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific region. 

Sec. 1252. Report on strategy to prioritize United States defense interests in the 

Indo-Asia-Pacific region. 

Sec. 1253. Assessment of United States force posture and basing needs in the IndoAsia-Pacific region. 

Sec. 1254. Plan to enhance the extended deterrence and assurance capabilities of 

the United States in the Asia-Pacific region. 

Sec. 1255. Sense of Congress reaffirming security commitments to the Governments 

of Japan and South Korea and trilateral cooperation between the United 

States, Japan, and South Korea. 

Sec. 1256. Strategy on North Korea. 

Sec. 1257. North Korean nuclear intercontinental ballistic missiles. 

Sec. 1258. Advancements in defense cooperation between the United States and 

India. 

Sec. 1259. Strengthening the defense partnership between the United States and 

Taiwan. 

Sec. 1259A. Normalizing the transfer of defense articles and defense services to 

Taiwan. 

Sec. 1259B. Assessment on United States defense implications of China’s expanding global access. 

Sec. 1259C. Agreement supplemental to Compact of Free Association with Palau. 

Sec. 1259D. Study on United States interests in the Freely Associated States. 

Subtitle G—Reports 

Sec. 1261. Modification of annual report on military and security developments involving the People’s Republic of China. 

Sec. 1262. Modifications to annual update of Department of Defense Freedom of 

Navigation Operations report. 

Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the Islamic State of 

Iraq and Syria (ISIS), and their associated forces and co-belligerents. 

Sec. 1264. Report on and notice of changes made to the legal and policy frameworks for the United States’ use of military force and related national 

security operations. 

Sec. 1265. Report on military action of Saudi Arabia and its coalition partners in 

Yemen. 

Sec. 1266. Submittal of Department of Defense Supplemental and Cost of War Execution reports on quarterly basis. 


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Sec. 1267. Consolidation of reports on United States Armed Forces, civilian employees, and contractors deployed in support of Operation Inherent Resolve, 

Operation Freedom’s Sentinel, and associated and successor operations. 

Sec. 1268. Comptroller General of the United States report on pricing and availability with respect to foreign military sales. 

Sec. 1269. Annual report on military and security developments involving the Russian Federation. 

Subtitle H—Other Matters 

Sec. 1271. Security and stability strategy for Somalia. 

Sec. 1272. Global Theater Security Cooperation Management Information System. 

Sec. 1273. Future years plan for the European Deterrence Initiative. 

Sec. 1274. Extension of authority to enter into agreements with participating countries in the American, British, Canadian, and Australian Armies’ Program. 

Sec. 1275. United States military and diplomatic strategy for Yemen. 

Sec. 1276. Transfer of excess high mobility multipurpose wheeled vehicles to foreign countries. 

Sec. 1277. Department of Defense program to protect United States students 

against foreign agents. 

Sec. 1278. Limitation and extension of United States-Israel anti-tunnel cooperation 

authority. 

Sec. 1279. Anticorruption strategy. 

Sec. 1279A. Strategy to improve defense institutions and security sector forces in 

Nigeria. 

Sec. 1279B. Limitation on availability of funds to implement the Arms Trade Treaty. 

Sec. 1279C. Cultural Heritage Protection Coordinator. 

Sec. 1279D. Security assistance for Baltic nations for joint program for interoperability and deterrence against aggression. 

Sec. 1279E. Restriction on funding for the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization. 

Sec. 1279F. Clarification of authority to support border security operations of certain foreign countries. 

Subtitle A—Assistance and Training 

SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING CERTAIN UNITED STATES 

MILITARY OPERATIONS. 

Section 1234 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394), as most 

recently amended by section 1201 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2473), is further amended— 

(1) in subsection (a), by striking ‘‘fiscal year 2017’’ and 

inserting ‘‘fiscal year 2018’’; 

(2) in subsection (d), by striking ‘‘during the period beginning on October 1, 2016, and ending on December 31, 2017’’ 

and inserting ‘‘during the period beginning on October 1, 2017, 

and ending on December 31, 2018’’; and 

(3) in subsection (e)(1), by striking ‘‘December 31, 2017’’ 

and inserting ‘‘December 31, 2018’’. 

SEC. 1202. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. 

(a) AUTHORITY.—The Secretary of Defense may, with the 

concurrence of the relevant Chief of Mission, expend up to 

$10,000,000 during each of fiscal years 2018 through 2020 to provide 

support to foreign forces, irregular forces, groups, or individuals 

engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. 

(b) FUNDS.— 


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131 STAT. 1640 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) IN GENERAL.—Funds for support under this section in 

a fiscal year shall be derived from amounts authorized to be 

appropriated for that fiscal year for the Department of Defense 

for operation and maintenance. 

(2) LIMITATION.—Funds may not be made available under 

paragraph (1) until 15 days after the submittal of the strategy 

required by section 1097 of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1020). 

(c) PROCEDURES.— (1) IN GENERAL.—The authority in this section shall be 

exercised in accordance with such procedures as the Secretary 

shall establish for purposes of this section. 

(2) ELEMENTS.—The procedures required under paragraph 

(1) shall establish, at a minimum, the following: 

(A) Policy guidance for the execution of, and constraints 

within, activities under the authority in this section. 

(B) The processes through which activities under the 

authority in this section are to be developed, validated, 

and coordinated, as appropriate, with relevant entities of 

the United States Government. 

(C) The processes through which legal reviews and 

determinations are made to comply with the authority in 

this section and ensure that the exercise of such authority 

is consistent with the national security of the United 

States. 

(3) NOTICE TO CONGRESS ON PROCEDURES AND MATERIAL

MODIFICATIONS.—The Secretary shall notify the congressional 

defense committees of the procedures established pursuant to 

this section before any exercise of the authority in this section, 

and shall notify such committee of any material modification 

of the procedures. 

(d) NOTIFICATION.— 

(1) IN GENERAL.—Not later than 15 days before exercising 

the authority in this section to make funds available to initiate 

support of an ongoing and authorized operation or changing 

the scope or funding level of any support under this section 

for such an operation by $500,000 or an amount equal to 

10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the 

use of such authority with respect to such operation. Any such 

notification shall be in writing. 

(2) ELEMENTS.—A notification required by this subsection 

shall include the following: 

(A) The type of support to be provided to United States 

Special Operations Forces, and a description of the ongoing 

and authorized operation to be supported. 

(B) A description of the foreign forces, irregular forces, 

groups, or individuals engaged in supporting or facilitating 

the ongoing and authorized operation that is to be the 

recipient of funds. 

(C) The type of support to be provided to the recipient 

of the funds, and a description of the end-use monitoring 

to be used in connection with the use of the funds. 

(D) The amount obligated under the authority to provide support. 

(E) The determination of the Secretary that the provision of support does not constitute any of the following: 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1641 

(i) A specific authorization within the meaning 

of section 5(b) of the War Powers Resolution (50 U.S.C. 

1544(b)) for the introduction of United States Armed 

Forces into hostilities or situations wherein hostilities 

are clearly indicated by circumstances. 

(ii) A covert action, as such term is defined in 

section 503(e) of the National Security Act of 1947 

(50 U.S.C. 3093(e)). 

(iii) An authorization for the provision of support 

to regular forces, irregular forces, groups or individuals 

for the conduct of operations that United States Special 

Operations Forces are not otherwise legally authorized 

to conduct themselves. 

(iv) The conduct or support of activities, whether 

directly or indirectly, that are inconsistent with the 

laws of armed conflict. 

(e) LIMITATION ON DELEGATION.—The authority of the Secretary 

to make funds available under this section for support of a military 

operation may not be delegated. 

(f) CONSTRUCTION OF AUTHORITY.—Nothing in this section shall 

be construed to constitute a specific statutory authorization for 

any of the following: 

(1) The conduct of a covert action, as such term is defined 

in section 503(e) of the National Security Act of 1947. 

(2) The introduction of United States Armed Forces, within 

the meaning of section 5(b) of the War Powers Resolution, 

into hostilities or into situations wherein hostilities are clearly 

indicated by the circumstances. 

(3) The provision of support to regular forces, irregular 

forces, groups, or individuals for the conduct of operations 

that United States Special Operations Forces are not otherwise 

legally authorized to conduct themselves. 

(4) The conduct or support of activities, directly or 

indirectly, that are inconsistent with the laws of armed conflict. 

(g) PROGRAMMATIC AND POLICY OVERSIGHT.—The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict 

shall have primary programmatic and policy oversight within the 

Office of the Secretary of Defense of support to irregular warfare 

activities authorized by this section. 

(h) BIANNUAL REPORTS.— 

(1) REPORT ON PRECEDING FISCAL YEAR.—Not later than 

120 days after the close of each fiscal year in which subsection 

(a) is in effect, the Secretary shall submit to the congressional 

defense committees a report on the support provided under 

this section during the preceding fiscal year. 

(2) REPORT ON CURRENT CALENDAR YEAR.—Not later than 

180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional 

defense committees a report on the support provided under 

this section during the first half of the fiscal year in which 

the report under this paragraph is submitted. 

(3) ELEMENTS.—Each report required by this subsection 

shall include the following: 

(A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being 

conducted by United States Special Operations Forces that 

were supported or facilitated by foreign forces, irregular 


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131 STAT. 1642 PUBLIC LAW 115–91—DEC. 12, 2017 

forces, groups, or individuals for which support was provided under this section during the period covered by such 

report. 

(B) A description of the support or facilitation provided 

by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during 

such period. 

(C) The type of recipients that were provided support 

under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or 

individuals). 

(D) A detailed description of the support provided to 

the recipients under this section during such period. 

(E) The total amount obligated for support under this 

section during such period, including budget details. 

(F) The intended duration of support provided under 

this section during such period. 

(G) An assessment of value of the support provided 

under this section during such period, including a summary 

of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. 

(H) The total amount obligated for support under this 

section in prior fiscal years. 

(i) IRREGULAR WARFARE DEFINED.—In this section, the term 

‘‘irregular warfare’’ means activities in support of predetermined 

United States policy and military objectives conducted by, with, 

and through regular forces, irregular forces, groups, and individuals 

participating in competition between state and non-state actors 

short of traditional armed conflict. 

SEC. 1203. OBLIGATION OF FUNDS IN SPECIAL DEFENSE ACQUISITION 

FUND FOR PRECISION GUIDED MUNITIONS. 

(a) IN GENERAL.—Section 114(c)(3) of title 10, United States 

Code, is amended by striking ‘‘Of the amount’’ and all that follows 

through ‘‘only to procure’’ and inserting ‘‘Of the amount of annual 

obligations from the Special Defense Acquisition Fund in each of 

fiscal years 2018 through 2022, not less than 20 percent shall 

be for funds to procure’’. 

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

shall take effect as of October 1, 2017. 

SEC. 1204. MODIFICATION OF DEFENSE INSTITUTION CAPACITY 

BUILDING AND AUTHORITY TO BUILD CAPACITY OF FOREIGN SECURITY FORCES. 

(a) DEFENSE INSTITUTION CAPACITY BUILDING.—Section 332 of 

title 10, United States Code, is amended— 

(1) in subsection (a), by inserting ‘‘and members of the 

armed forces’’ after ‘‘civilian employees of the Department of 

Defense’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘to assign civilian 

employees of the Department of Defense and members 

of the armed forces as advisors or trainers’’ after ‘‘carry 

out a program’’; and 

(B) in paragraph (2)(B)— 

(i) by striking ‘‘employees’’ in each place it appears 

and inserting ‘‘advisors or trainers’’; and 

10 USC 114 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1643 

(ii) by striking ‘‘each assigned employee’s activities’’ and inserting ‘‘the activities of each assigned 

advisor or trainer’’; and 

(3) in subsection (c)— 

(A) in the matter preceding paragraph (1), by inserting 

‘‘or a member of the armed forces’’ after ‘‘a civilian employee 

of the Department of Defense’’; 

(B) in paragraph (1), by striking ‘‘employee as an 

advisor’’ and inserting ‘‘advisor or trainer’’; and 

(C) in paragraph (3), by striking ‘‘employee’’ and 

inserting ‘‘advisor or trainer’’. 

(b) AUTHORITY TO BUILD CAPACITY OF FOREIGN SECURITY

FORCES.—Subsection (c) of section 333 of title 10, United States 

Code, is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘and the rule 

of law’’ and inserting ‘‘the rule of law, and civilian control 

of the military’’; and 

(B) in subparagraph (B), by striking ‘‘Respect for 

civilian control of the military’’ and inserting ‘‘Institutional 

capacity building’’; 

(2) in paragraph (3)— 

(A) in the heading, by striking ‘‘HUMAN RIGHTS

TRAINING’’ and inserting ‘‘OBSERVANCE OF AND RESPECT

FOR THE LAW OF ARMED CONFLICT, HUMAN RIGHTS AND

FUNDAMENTAL FREEDOMS, THE RULE OF LAW, AND CIVILIAN

CONTROL OF THE MILITARY’’; 

(B) by inserting ‘‘or the Department of State’’ after 

‘‘Department of Defense’’; and 

(C) by striking ‘‘human rights training that includes 

a comprehensive curriculum on human rights and the law 

of armed conflict’’ and inserting ‘‘training that includes 

a comprehensive curriculum on the law of armed conflict, 

human rights and fundamental freedoms, and the rule 

of law, and that enhances the capacity to exercise responsible civilian control of the military’’; and 

(3) in paragraph (4)— 

(A) in the first sentence, by striking ‘‘that the Department is already undertaking, or will undertake as part 

of the program’’ and all that follows and inserting ‘‘that 

the Department of Defense or another department or 

agency is already undertaking, or will undertake as part 

of the security sector assistance provided to the foreign 

country concerned, a program of institutional capacity 

building with appropriate institutions of such foreign 

country to enhance the capacity of such foreign country 

to organize, administer, employ, manage, maintain, sustain, or oversee the national security forces of such foreign 

country.’’; and 

(B) by striking the second sentence. 

SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY ON 

TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY 

FORCES IN THE COURSE OF MULTILATERAL EXERCISES. 

(a) TWO-YEAR EXTENSION.—Subsection (h) of section 1251 of 

the National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1070; 10 U.S.C. 2282 note), as amended 


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131 STAT. 1644 PUBLIC LAW 115–91—DEC. 12, 2017 

by section 1233 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2489), is further 

amended— 

(1) by striking ‘‘September 30, 2018’’ and inserting 

‘‘December 31, 2020’’; and 

(2) by striking ‘‘fiscal years 2016 through 2018’’ and 

inserting ‘‘for the period beginning on October 1, 2015, and 

ending on December 31, 2020’’. 

(b) REGULATIONS FOR ADMINISTRATION OF INCREMENTAL

EXPENSES.—Subsection (d) of such section, as so amended, is further 

amended by adding at the end the following: 

‘‘(4) REGULATIONS.— 

‘‘(A) IN GENERAL.—The Secretary of Defense shall prescribe regulations for payment of incremental expenses 

under subsection (a). Not later than 120 days after the 

date of the enactment of this paragraph, the Secretary 

shall submit the regulations to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of the House of Representatives. 

‘‘(B) PROCEDURES TO BE INCLUDED.—The regulations 

required under subparagraph (A) shall include procedures— 

‘‘(i) to require reimbursement of incremental 

expenses from non-developing countries determined 

pursuant to subsection (c) to be eligible for the provision of training under subsection (a); and 

‘‘(ii) to provide for a waiver of the requirement 

of reimbursement of incremental expenses under clause 

(i), on a case-by-case basis, if the Secretary of Defense 

determines special circumstances exist to provide for 

the waiver. 

‘‘(C) QUARTERLY REPORT.—The Secretary of Defense 

shall 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, on a quarterly basis, a report that includes 

a description of each waiver of the requirement of 

reimbursement of incremental expenses under subparagraph (B)(i) that was in effect at any time during the 

preceding calendar quarter. 

‘‘(D) NON-DEVELOPING COUNTRY DEFINED.—In this 

paragraph, the term ‘non-developing country’ means a 

country that is not a developing country, as such term 

is defined in section 301(4) of title 10, United States Code.’’. 

(c) CONSTRUCTION OF AUTHORITY.—Subsection (f) of such section, as so amended, is further amended— 

(1) by striking ‘‘subsection (a) is in addition’’ and inserting 

the following: ‘‘subsection (a)— 

‘‘(1) is in addition’’; 

(2) by striking the period at the end and inserting ‘‘; and’’; 

and 

(3) by adding at the end the following: 

‘‘(2) shall not be construed to include authority for the 

training of irregular forces, groups, or individuals.’’. 

(d) TECHNICAL AND CONFORMING AMENDMENTS.—Such section, 

as so amended, is further amended— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1645 

(1) by striking ‘‘military’’ each place it appears and 

inserting ‘‘security’’; 

(2) in subsection (e), by striking ‘‘that’’ and inserting ‘‘than’’; 

(3) in subsection (f), by striking ‘‘section 2282’’ and inserting 

‘‘chapter 16’’; and 

(4) in subsection (g), by striking ‘‘means’’ and all that 

follows and inserting ‘‘has the meaning given such term in 

section 301(5) of title 10, United States Code.’’. 

SEC. 1206. GLOBAL SECURITY CONTINGENCY FUND. 

Section 1207 of the National Defense Authorization Act for 

Fiscal Year 2012 (22 U.S.C. 2151 note) is amended— 

(1) in subsection (i), by striking ‘‘September 30, 2017’’ and 

inserting ‘‘September 30, 2019’’; and 

(2) in subsection (p)— 

(A) by striking ‘‘September 30, 2017’’ and inserting 

‘‘September 30, 2019’’; and 

(B) by striking ‘‘through 2017’’ and inserting ‘‘through 

2019’’. 

SEC. 1207. DEFENSE INSTITUTE OF INTERNATIONAL LEGAL STUDIES. 

(a) IN GENERAL.—The Secretary of Defense may operate an 

institute to be known as the ‘‘Defense Institute of International 

Legal Studies’’ (in this section referred to as the ‘‘Institute’’) in 

accordance with this section to further the United States security 

and foreign policy objectives of— 

(1) promoting an understanding of and appreciation for 

the rule of law; and 

(2) encouraging the international development of internal 

capacities of foreign governments for civilian control of the 

military, military justice, the legal aspects of peacekeeping, 

good governance and anti-corruption in defense reform, and 

human rights. 

(b) ACTIVITIES.—In carrying out the purposes specified in subsection (a), the Institute may conduct activities as follows: 

(1) Exchange of ideas on best practices and lessons learned 

in order to improve compliance with international legal norms. 

(2) Education and training involving professional legal 

engagement with foreign military personnel and related 

civilians, both within and outside the United States. 

(3) Building the legal capacity of foreign military and other 

security forces, including equitable, transparent, and accountable defense institutions, civilian control of the military, human 

rights, and democratic governance. 

(4) Institutional legal capacity building of foreign defense 

and security institutions. 

(c) DEPARTMENT OF DEFENSE REVIEW.— 

(1) IN GENERAL.—The Secretary shall conduct a comprehensive review of the mission, workforce, funding, and other support of the Institute. 

(2) ELEMENTS.—The review shall include, but not be limited 

to, the following: 

(A) An assessment of the scope of the mission of the 

Institute, taking into account the increasing security 

cooperation authorities and requirements of the Department of Defense, including core rule of law training in 

the United States and abroad, defense legal institution 

10 USC 341 note 

prec. 


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131 STAT. 1646 PUBLIC LAW 115–91—DEC. 12, 2017 

building, and statutorily required human rights and legal 

capacity building of foreign security forces. 

(B) An assessment of the workforce of the Institute, 

including whether it is appropriately sized to align with 

the full scope of the mission of the Institute. 

(C) A review of the funding mechanisms for the activities of the Institute, including the current mechanisms 

for reimbursing the Institute by the Department of State 

and by the Department of Defense through the budget 

of the Defense Security Cooperation Agency. 

(D) An evaluation of the feasibility and advisability 

of the provision of funds appropriated for the Department 

of Defense directly to the Institute, and the actions, if 

any, required to authorize the Institute to receive such 

funds directly. 

(E) A description of the challenges, if any, faced by 

the Institute to increase its capacity to provide residence 

courses to meet demands for training and assistance. 

(F) An assessment of the capacity of the Department 

of Defense to assess, monitor, and evaluate the effectiveness 

of the human rights training and other activities of the 

Institute. 

(3) REPORT.—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 summarizing the 

findings of the review and any recommendations for enhancing 

the capability of the Institute to fulfill its mission that the 

Secretary considers appropriate. 

(d) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the appropriate committees of 

Congress a report that sets forth the following: 

(A) A description of the mechanisms and authorities 

used by the Department of Defense and the Department 

of State to conduct training of foreign security forces on 

human rights and international humanitarian law. 

(B) A description of the funding used to support the 

training described in subparagraph (A). 

(C) A description and assessment of the methodology 

used by each of the Department of Defense and the Department of State to assess the effectiveness of such training. 

(D) Such recommendations for improvements to such 

training as the Comptroller General considers appropriate. 

(E) Such other matters relating to such training as 

the Comptroller General considers appropriate. 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1647 

SEC. 1208. EXTENSION OF PARTICIPATION IN AND SUPPORT OF THE 

INTER-AMERICAN DEFENSE COLLEGE. 

Subsection (c) of section 1243 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2516; 10 U.S.C. 1050 note) is amended— 

(1) in the heading, by striking ‘‘FISCAL YEAR 2017’’ and 

inserting ‘‘FISCAL YEARS 2017, 2018, AND 2019’’; and 

(2) by striking ‘‘fiscal year 2017’’ and inserting ‘‘fiscal years 

2017, 2018, and 2019’’. 

SEC. 1209. PLAN ON IMPROVEMENT OF ABILITY OF NATIONAL SECURITY FORCES OF FOREIGN COUNTRIES PARTICIPATING 

IN UNITED STATES CAPACITY BUILDING PROGRAMS TO 

PROTECT CIVILIANS. 

(a) REPORT ON PLAN.—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 committees 

of Congress a report setting forth a plan, to be implemented as 

part of appropriate capacity building programs under section 333(c) 

of title 10, United States Code, to improve the ability of national 

security forces of foreign countries to protect civilians. 

(b) ELEMENTS.—The plan required by subsection (a) shall 

include the following: 

(1) Efforts to develop and integrate principles and techniques on the protection of civilians in relevant partner force 

standard operating procedures. 

(2) Efforts to build partner capacity to collect, track, and 

analyze civilian casualty data and apply lessons learned to 

future operations. 

(3) Efforts to support enhanced investigatory and accountability standards in partner forces in order to ensure that 

such forces comply with the laws of armed conflict and observe 

appropriate standards for human rights and the protection 

of civilians. 

(4) Efforts to increase partner transparency, which may 

include the establishment of capabilities within partner militaries to improve communication with the public. 

(5) The estimated resources required to implement the 

efforts described in paragraphs (1) through (4). 

(6) The appropriate roles of the Department of Defense 

and the Department of State in such efforts. 

(7) Any other matters the Secretary of Defense and the 

Secretary of State consider appropriate. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 


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131 STAT. 1648 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle B—Matters Relating to 

Afghanistan and Pakistan 

SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF AFGHANISTAN. 

(a) EXTENSION OF EXPIRATION.—Subsection (h) of section 1222 

of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 126 Stat. 1992), as most recently amended 

by section 1213 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2478), is further 

amended by striking ‘‘December 31, 2017’’ and inserting ‘‘December 

31, 2018’’. 

(b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of such section 1222, as so amended, is further amended by striking ‘‘December 

31, 2017’’ each place it appears and inserting ‘‘December 31, 2018’’. 

SEC. 1212. 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 1218 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2482), is further amended by 

striking ‘‘the period beginning on October 1, 2016, and ending 

on December 31, 2017,’’ and inserting ‘‘the period beginning on 

October 1, 2017, and ending on December 31, 2018,’’. 

(b) LIMITATIONS ON AMOUNTS AVAILABLE.—Subsection (d)(1) 

of such section 1233, as so amended, is further amended— 

(1) in the first sentence, by striking ‘‘during the period 

beginning on October 1, 2016, and ending on December 31, 

2017, may not exceed $1,100,000,000’’ and inserting ‘‘during 

the period beginning on October 1, 2017, and ending on 

December 31, 2018, may not exceed $900,000,000’’; and 

(2) in the second sentence, by striking ‘‘the period beginning 

on October 1, 2016 and ending on December 31, 2017, may 

not exceed $900,000,000’’ and inserting ‘‘during the period 

beginning on October 1, 2017, and ending on December 31, 

2018, may not exceed $700,000,000’’. 

(c) EXTENSION OF REPORTING REQUIREMENT ON REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCEMENT ACTIVITIES.—Subsection (e)(2) of such section 1233, as added by section 1218 of 

the National Defense Authorization Act for Fiscal Year 2017, is 

amended by inserting ‘‘and annually thereafter,’’ after ‘‘December 

31, 2017,’’. 

(d) EXTENSION OF NOTICE REQUIREMENT RELATING TO

REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the National Defense Authorization 

Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended 

by section 1218(e) of the National Defense Authorization Act for 

Fiscal Year 2017, is further amended by striking ‘‘December 31, 

2017’’ and inserting ‘‘December 31, 2018’’. 

(e) EXTENSION OF LIMITATION ON REIMBURSEMENT OF PAKISTAN

PENDING CERTIFICATION ON PAKISTAN.—Section 1227(d)(1) of the 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1649 

National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 112–239; 126 Stat. 2001), as most recently amended by section 

1218(f) of the National Defense Authorization Act for Fiscal Year 

2017, is further amended by striking ‘‘for any period prior to 

December 31, 2017’’ and inserting ‘‘for any period prior to December 

31, 2018’’. 

(f) ADDITIONAL LIMITATION ON REIMBURSEMENT OF PAKISTAN

PENDING CERTIFICATION ON PAKISTAN.—Of the total amount of 

reimbursements and support authorized for Pakistan during fiscal 

year 2018 pursuant to the second sentence of section 1233(d)(1) 

of the National Defense Authorization Act for Fiscal Year 2008 

(as amended by subsection (b)(2)), $350,000,000 shall not be eligible 

for the waiver under section 1227(d)(2) of the National Defense 

Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless 

the Secretary of Defense certifies to the congressional defense 

committees that— 

(1) Pakistan continues to conduct military operations that 

are contributing to significantly disrupting the safe havens, 

fundraising and recruiting efforts, and freedom of movement 

of the Haqqani Network in Pakistan; 

(2) Pakistan has taken steps to demonstrate its commitment to prevent the Haqqani Network from using any Pakistan 

territory as a safe haven and for fundraising and recruiting 

efforts; 

(3) the Government of Pakistan is making an attempt 

to actively coordinate with the Government of Afghanistan 

to restrict the movement of militants, such as the Haqqani 

Network, along the Afghanistan-Pakistan border; and 

(4) Pakistan has shown progress in arresting and prosecuting senior leaders and mid-level operatives of the Haqqani 

Network. 

SEC. 1213. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES. 

Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 

(8 U.S.C. 1101 note) is amended in the matter preceding clause 

(i) by striking ‘‘11,000’’ and inserting ‘‘14,500’’. 

SEC. 1214. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND 

SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR 

ROUTE OF SUPPLY TO AFGHANISTAN. 

Section 801(f) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most 

recently amended by section 1212 of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2478), is further amended by striking ‘‘December 31, 2018’’ 

and inserting ‘‘December 31, 2019’’. 

SEC. 1215. EXTENSION OF SEMIANNUAL REPORT ON ENHANCING SECURITY AND STABILITY IN AFGHANISTAN. 

Section 1225(a)(2) of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 128 Stat. 3550), as amended by section 

1215(a) of the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328; 130 Stat. 2480), is further amended 

by striking ‘‘December 15, 2019’’ and inserting ‘‘December 15, 2020’’. 


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131 STAT. 1650 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1216. HUMAN RIGHTS VETTING OF AFGHAN NATIONAL DEFENSE 

AND SECURITY FORCES. 

The Secretary of Defense may establish within the Department 

of Defense one or more permanent positions to oversee and support, 

in coordination with the Department of State, the implementation 

of section 362 of title 10, United States Code, with respect to 

the Afghan National Defense and Security Forces. 

Subtitle C—Matters Relating to Syria, Iraq, 

and Iran 

SEC. 1221. REPORT ON UNITED STATES STRATEGY IN SYRIA. 

(a) IN GENERAL.—Not later than February 1, 2018, the President shall submit to the appropriate congressional committees a 

report that describes the strategy of the United States in Syria. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include each of the following: 

(1) A description of— 

(A) the key United States security interests and the 

political and military objectives, long-term goals, and endstates for Syria; and 

(B) indicators for the effectiveness of efforts to achieve 

such objectives, goals, and end-states. 

(2) A description of United States assumptions underlying 

current intelligence assessments, the roles and ambitions of 

other countries, and the interests of relevant Syrian groups 

with respect to such objectives. 

(3) A description of how current military, diplomatic, and 

humanitarian assistance efforts in Syria align with such objectives. 

(4) The estimated annual resources required through fiscal 

year 2022 for the relevant departments and agencies to achieve 

such objectives. 

(5) An analysis of the threats posed to United States 

interests, including to United States military or civilian personnel in Syria or the surrounding region, by Russian and 

Iranian activities in Syria, as well as the threats posed to 

such interests or personnel by the Islamic State of Iraq and 

Syria, Al Qaeda, Hezbollah, and other violent extremist 

organizations in Syria. 

(6) A description of United States objectives for a sustainable political settlement in Syria. 

(7) A description of the coordination between the Department of Defense and the Department of State regarding the 

transition from military operations to stabilization efforts in 

areas liberated from the control of the Islamic State of Iraq 

and Syria, including a description of how local governance 

and civil society will be restored in areas secured through 

coalition military operations in Syria. 

(8) A description of the current and planned response of 

the United States to the humanitarian crisis in Syria as a 

result of attacks by the Syrian Government on its people, 

including support for the needs of refugees and internally displaced populations and for improving access to humanitarian 

aid, especially in areas where such aid has been blocked. 

10 USC 362 note. 


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(9) A description of amounts and sources of Islamic State 

of Iraq and Syria financing in Syria and efforts to disrupt 

this financing as part of the broader strategy of the United 

States in Syria. 

(10) An assessment of the capabilities and willingness of 

the Syrian government and its allies to use chemical or other 

weapons of mass destruction against its citizens or against 

United States and associated military forces in Syria. 

(11) A description of the roles and responsibilities of United 

States allies and partners and other countries in the region 

in establishing regional stability. 

(12) A description of all mechanisms for coordination and 

deconfliction between the United States and the governments 

of Russia and other state actors in order to achieve the United 

States strategy in Syria. 

(13) A description of the current legal authorities that 

support the strategy of the United States in Syria and any 

additional legal authorities that may be necessary to implement 

such strategy. 

(14) A description of the military conditions that must 

be met for the Islamic State of Iraq and Syria to be considered 

defeated. 

(15) Any other matters the President determines to be 

relevant. 

(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 Affairs of the House of Representatives and the Committee on Foreign Relations of the 

Senate. 

SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF 

IRAQ AND SYRIA. 

(a) AUTHORITY.—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. 3559), 

as most recently amended by section 1222 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) QUARTERLY PROGRESS REPORT.—Subsection (d) of such section 1236, as most recently amended by section 1222 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92; 129 Stat. 1049), is further amended— 

(1) in the first sentence of the matter preceding paragraph 

(1), by adding at the end before the period the following: ‘‘, 

which shall be provided in unclassified form with a classified 

annex if necessary’’; and 

(2) by adding at the end the following: 

‘‘(12) An assessment of— 

‘‘(A) security in liberated areas in Iraq; 

‘‘(B) the extent to which security forces trained and 

equipped, directly or indirectly, by the United States are 

prepared to provide post-conflict stabilization and security 

in such liberated areas; and 


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131 STAT. 1652 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(C) the effectiveness of security forces in the postconflict environment and an identification of which such 

forces will provide post-conflict stabilization and security 

in such liberated areas.’’. 

(c) CLARIFICATION OF CONSTRUCTION AUTHORITY.— (1) CLARIFICATION.—Subsection (a) of such section 1236 

is further amended by striking ‘‘facility and infrastructure 

repair and renovation,’’ and inserting ‘‘infrastructure repair 

and renovation, small-scale construction of temporary facilities 

necessary to meet urgent operational or force protection requirements with a cost less than $4,000,000,’’. 

(2) ADDITIONAL LIMITATIONS AND REQUIREMENTS.—Such 

section 1236 is further amended by adding at the end the 

following new subsections: 

‘‘(m) LIMITATION ON AGGREGATE COST OF CONSTRUCTION, REPAIR, AND RENOVATION PROJECTS.—The aggregate amount of 

construction, repair, and renovation projects carried out under this 

section in any fiscal year may not exceed $30,000,000. 

‘‘(n) APPROVAL AND NOTICE BEFORE CERTAIN CONSTRUCTION, 

REPAIR, AND RENOVATION PROJECTS.— 

‘‘(1) APPROVAL.—A construction, repair, or renovation 

project costing more than $1,000,000 may not be carried out 

under this section unless approved in advance by the Commander of the United States Central Command. 

‘‘(2) NOTICE.—When a decision is made to carry out a 

construction, repair, or renovation project to which paragraph 

(1) applies, the Commander of the United States Central Command shall notify in writing the appropriate committees of 

Congress of that decision, including the justification for the 

project and the estimated cost of the project. The project may 

be carried out only after the end of the 21-day period beginning 

on the date the notification is received by the committees 

or, if earlier, the end of the 14-day period beginning on the 

date on which a copy of the notification is provided in an 

electronic medium pursuant to section 480 of title 10, United 

States Code.’’. 

(3) ELEMENT IN QUARTERLY REPORTS ON CONSTRUCTION, 

REPAIR, AND RENOVATION.—Paragraph (8) of subsection (d) of 

such section 1236 is amended to read as follows: 

‘‘(8) A list of new projects for construction, repair, or renovation commenced during the period covered by such progress 

report, and a list of projects for construction, repair, or renovation continuing from the period covered by the preceding 

progress report.’’. 

(d) FUNDING.—Subsection (g) of such section 1236, as most 

recently amended by section 1222 of the National Defense 

Authorization Act for Fiscal Year 2017, is further amended— 

(1) by striking ‘‘in the National Defense Authorization Act 

for Fiscal Year 2017 for Overseas Contingency Operations in 

title XV for fiscal year 2017’’ and inserting ‘‘for the Department 

of Defense for Overseas Contingency Operations for fiscal year 

2018’’; and 

(2) by striking ‘‘$630,000,000’’ and inserting 

‘‘$1,269,000,000’’. 

(e) NAME OF ISLAMIC STATE OR IRAQ AND SYRIA.— (1) IN GENERAL.—Such section 1236 is further amended— 

(A) in subsection (a)(1)— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1653 

(i) by striking ‘‘the Levant’’ and inserting ‘‘Syria’’; 

and 

(ii) by striking ‘‘ISIL’’ each place it appears and 

inserting ‘‘ISIS’’; and 

(B) in subsection (l)— 

(i) in paragraph (1)(B)(i), by striking ‘‘the Levant 

(ISIL)’’ and inserting ‘‘Syria (ISIS)’’; and 

(ii) in paragraph (2)(A), by striking ‘‘ISIL’’ and 

inserting ‘‘ISIS’’. 

(2) HEADING AMENDMENT.—The heading of such section 

1236 is amended to read as follows: 

‘‘SEC. 1236. AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE 

ISLAMIC STATE OF IRAQ AND SYRIA.’’. 

SEC. 1223. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE 

TO THE VETTED SYRIAN OPPOSITION. 

(a) NATURE OF ASSISTANCE.—Subsection (a) of section 1209 

of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense 

Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 

Stat. 3541), as 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 in the matter preceding paragraph 

(1) by striking ‘‘construction of training and associated facilities’’ 

and inserting ‘‘construction and repair of training and associated 

facilities or other facilities necessary to meet urgent military operational requirements of a temporary nature with a cost less than 

$4,000,000’’. 

(b) SCOPE OF ELEMENT ON CONSTRUCTION PROJECTS IN QUARTERLY PROGRESS REPORTS.—Subsection (d)(9) of such section 1209 

is amended by inserting before the semicolon the following: ‘‘, 

including new construction or repair commenced during the period 

covered by such progress report and construction and repair continuing from the period covered by the preceding progress report’’. 

(c) INFORMATION ACCOMPANYING REPROGRAMMING REQUESTS.— Subsection (f)(2) of such section 1209, as amended by section 1221(b) 

of the National Defense Authorization Act for Fiscal Year 2017, 

is further amended by adding at the end the following new subparagraph: 

‘‘(C) A description of any material use of assistance 

provided under subsection (a) by an appropriately vetted 

recipient of such assistance for a purpose other than the 

purposes specified in subsection (a) that occurred since 

the most recent reprogramming or transfer request of the 

Secretary pursuant to this subsection, which description 

shall set forth, for each such material misuse, the following: 

‘‘(i) The details of such material misuse. 

‘‘(ii) The recipient or recipients responsible for such 

material misuse. 

‘‘(iii) The consequences of such material misuse. 

‘‘(iv) The actions taken by the Secretary to remediate the causes and effects of such material misuse.’’. 

(d) LIMITATION ON AGGREGATE COST OF CONSTRUCTION AND

REPAIR PROJECTS.—Such section 1209 is further amended by adding 

at the end the following new subsection: 

‘‘(l) LIMITATION ON AGGREGATE COST OF CONSTRUCTION AND

REPAIR PROJECTS.—The aggregate amount of construction and 


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131 STAT. 1654 PUBLIC LAW 115–91—DEC. 12, 2017 

repair projects carried out under this section in any fiscal year 

may not exceed $10,000,000.’’. 

(e) APPROVAL AND NOTICE BEFORE CERTAIN CONSTRUCTION AND

REPAIR PROJECTS.—Such section 1209 is further amended by adding 

at the end the following new subsection: 

‘‘(m) APPROVAL AND NOTICE BEFORE CERTAIN CONSTRUCTION

AND REPAIR PROJECTS.— 

‘‘(1) APPROVAL.—A construction or repair project costing 

more than $1,000,000 may not be carried out under this section 

unless approved in advance by the Commander of the United 

States Central Command. 

‘‘(2) NOTICE.—When a decision is made to carry out a 

construction or repair project to which paragraph (1) applies, 

the Commander of the United States Central Command shall 

notify in writing the appropriate committees of Congress of 

that decision, including the justification for the project and 

the estimated cost of the project. The project may be carried 

out only after the end of the 21-day period beginning on the 

date the notification is received by the committees or, if earlier, 

the end of the 14-day period beginning on the date on which 

a copy of the notification is provided in an electronic medium 

pursuant to section 480 of title 10, United States Code.’’. 

SEC. 1224. 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 2017’’ 

and inserting ‘‘fiscal year 2018’’. 

(b) AMOUNT AVAILABLE.— 

(1) IN GENERAL.—Such section is further amended— 

(A) in subsection (c), by striking ‘‘fiscal year 2017 may 

not exceed $70,000,000’’ and inserting ‘‘fiscal year 2018 

may not exceed $42,000,000’’; and 

(B) in subsection (d), by striking ‘‘fiscal year 2017’’ 

and inserting ‘‘fiscal year 2018’’. 

(2) LIMITATION OF USE OF FY18 FUNDS PENDING PLAN.— 

Of the amount available for fiscal year 2018 for section 1215 

of the National Defense Authorization Act for Fiscal Year 2012, 

as amended by this section, not more than 50 percent may 

be obligated or expended until 30 days after the date on which 

the plan required by the joint explanatory statement to accompany the conference report on S.2943 of the 114th Congress, 

the National Defense Authorization Act for Fiscal Year 2017, 

and entitled ‘‘To transition the activities conducted by OSCI but funded by the Department of Defense to another entity 

or transition the funding of such activities to another source’’ 

is provided to the appropriate committees of Congress. 

(c) CLARIFICATION OF OSC-I MANDATE AND EXPANSION OF

ELIGIBLE RECIPIENTS.—Subsection (f) of such section 1215 is further 

amended— 

(1) in paragraph (1), by striking ‘‘training activities in 

support of Iraqi Ministry of Defense and Counter Terrorism 

Service personnel’’ and all that follows and inserting ‘‘activities 

to support the following: 


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‘‘(A) Defense institution building to mitigate capability 

gaps and promote effective and sustainable defense institutions. 

‘‘(B) Professionalization, strategic planning and reform, 

financial management, manpower management, and logistics management of military and other security forces with 

a national security mission.’’; and 

(2) in paragraph (2)— 

(A) in the heading, by striking ‘‘OF TRAINING’’; and 

(B) by striking ‘‘training’’ and inserting ‘‘activities of 

the Office of Security Cooperation in Iraq’’. 

SEC. 1225. MODIFICATION AND ADDITIONAL ELEMENTS IN ANNUAL 

REPORT ON THE MILITARY POWER OF IRAN. 

(a) IN GENERAL.—Section 1245(b) of the National Defense 

Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is 

amended— 

(1) in paragraph (5)— 

(A) by inserting ‘‘and from’’ after ‘‘transfers to’’; 

(B) by striking ‘‘from non-Iranian sources’’ and 

inserting ‘‘from or to non-Iranian sources or destinations’’; 

and 

(C) by inserting before the period at the end the following: ‘‘, including transfers that pertain to nuclear 

development, ballistic missiles, and chemical, biological, 

and advanced conventional weapons, weapon systems, and 

delivery vehicles’’; and 

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

‘‘(6) An assessment of the use of civilian transportation 

assets and infrastructure, including commercial aircraft, airports, commercial vessels, and seaports, used to transport illicit 

military cargo to or from Iran, including military personnel, 

military goods, weapons, military-related electric parts, and 

related components. 

‘‘(7) An assessment of military-to-military cooperation 

between Iran and foreign counties, including Cuba, North 

Korea, Pakistan, Sudan, Syria, Venezuela, and any other 

country designated by the Secretary of Defense with additional 

reference to cooperation and collaboration on the development 

of nuclear, biological, chemical, and advanced conventional 

weapons, weapon systems, and delivery vehicles. 

‘‘(8) An assessment of the extent to which the commercial 

aviation sector of Iran knowingly provides financial, material, 

or technological support to the Islamic Revolutionary Guard 

Corps, the Ministry of Defense and Armed Forces Logistics 

of Iran, the Bashar al-Assad regime, Hezbollah, Hamas, Kata’ib 

Hezbollah, or any other foreign terrorist organization.’’. 

(b) 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 reports required to be submitted under 

section 1245 of the National Defense Authorization Act for Fiscal 

Year 2010 after that date. 

10 USC 113 note. 


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131 STAT. 1656 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1226. EXTENSION OF QUARTERLY REPORTS ON CONFIRMED BALLISTIC MISSILE LAUNCHES FROM IRAN AND IMPOSITION 

OF SANCTIONS IN CONNECTION WITH THOSE LAUNCHES. 

Section 1226(e) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2487) is amended 

by striking ‘‘December 31, 2019’’ and inserting ‘‘December 31, 2022’’. 

SEC. 1227. LIMITATION ON USE OF FUNDS FOR PROVISION OF MANPORTABLE AIR DEFENSE SYSTEMS TO THE VETTED 

SYRIAN OPPOSITION. 

(a) LIMITATION.—If a determination is made during fiscal year 

2018 to use funds available to the Department of Defense for 

that fiscal year to provide man-portable air defense systems 

(MANPADs) to the vetted Syrian opposition pursuant to the 

authority in section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 128 Stat. 3541), such funds may not be 

used for that purpose until— 

(1) the Secretary of Defense and the Secretary of State 

jointly submit to the appropriate congressional committees a 

report on the determination; and 

(2) 30 days elapse after the date of the submittal of such 

report to the appropriate congressional committees. 

(b) REPORT REQUIREMENTS.—The report under subsection (a) 

shall set forth the following: 

(1) A description of each element of the vetted Syrian 

opposition that will provided man-portable air defense systems 

as described in subsection (a), including— 

(A) the geographic location of such element; 

(B) a detailed intelligence assessment of such element; 

(C) a description of the alignment of such element 

within the broader conflict in Syria; and 

(D) a description and assessment of the assurance, 

if any, received by the commander of such element in 

connection with the provision of man-portable air defense 

systems. 

(2) The number and type of man-portable air defense systems to be so provided. 

(3) The logistics plan for providing and resupplying each 

element to be so provided man-portable air defense systems 

with additional man-portable air defense systems. 

(4) The duration of support to be provided in connection 

with the provision of man-portable air defense systems. 

(5) The justification for the provision of man-portable air 

defense systems to each element of the vetted Syrian opposition, 

including an explanation of the purpose and expected employment of such systems. 

(6) Any other matters that the Secretary of Defense and 

the Secretary of State jointly consider appropriate. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ has 

the meaning given that term in section 1209(e)(2) of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541). 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1657 

SEC. 1228. REPORT ON AGREEMENT WITH THE GOVERNMENT OF THE 

RUSSIAN FEDERATION ON THE STATUS OF SYRIA. 

(a) IN GENERAL.—Not later than 5 calendar days after reaching 

any agreement with the Government of the Russian Federation 

relating to a political settlement or long-term territorial control 

in Syria, the President shall transmit to Congress a report on 

the agreement. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include— 

(1) the text of the agreement, including all related materials 

and annexes; 

(2) a list of all parties to the agreement; 

(3) an explanation of each of the terms established by 

the agreement; 

(4) a description of each of the obligations established by 

the agreement; and 

(5) a description of any territorial demarcations, apportionments, or areas of control contemplated by the agreement. 

Subtitle D—Matters Relating to the 

Russian Federation 

SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION 

BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. 

Section 1232 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘or 2018’’ after ‘‘fiscal year 2017’’; 

and 

(B) by inserting ‘‘in the fiscal year concerned’’ after 

‘‘may be used’’; and 

(2) in subsection (c), by inserting ‘‘with respect to funds 

for a fiscal year’’ after ‘‘the limitation in subsection (a)’’. 

SEC. 1232. 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 

2018 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 restriction on the obligation 

or expenditure of funds required by subsection (a) if the Secretary— 

(1) determines that to do so is in the national security 

interest of the United States; and 

(2) submits a notification of the waiver, at the time the 

waiver is invoked, 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. 

SEC. 1233. SENSE OF CONGRESS ON EUROPEAN SECURITY. 

(a) FINDINGS.—Congress finds the following: 


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131 STAT. 1658 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) Russia’s ongoing aggressive actions, including its invasions of Georgia in 2008 and Ukraine in 2014, threats to 

North Atlantic Treaty Organization (NATO) allies, rapid military modernization, advanced anti-access and area denial 

capabilities, increasing military activity in the Arctic region 

and Mediterranean Sea, evolving nuclear doctrine and capabilities, and violations of the Intermediate-Range Nuclear Forces 

Treaty Between the United States of America and the Union 

of Soviet Socialist Republics and the Treaty on Open Skies, 

constitute a major challenge to the security interests of the 

United States and its allies and partners in Europe. 

(2) Russia’s ongoing malign influence activities, including 

misinformation, disinformation, propaganda, cyberattacks, election interference, active measures, and hybrid warfare operations pose not only a threat to the security interests of the 

United States and its allies and partners in Europe, but to 

the integrity of Western democracies and the institutions and 

alliances they support. 

(3) Russia’s doctrine of ‘‘escalate to de-escalate’’, along with 

its tactical nuclear capabilities, threaten United States forces 

and European allies and exacerbate the risk of miscalculation 

and escalation in a crisis. 

(4) The European Deterrence Initiative (EDI) continues 

to improve credible deterrence against Russian aggression by— 

(A) training and equipping military forces of NATO 

allies and European partners; 

(B) enhancing the indications and warning, interoperability, and logistics capabilities of United States allies 

and partners; and 

(C) improving the agility and flexibility of partners 

and allies to address threats across the full spectrum of 

domains. 

(5) A strong NATO alliance is the cornerstone of transatlantic security cooperation and the guarantor of peace and 

stability in Europe. 

(6) The steps taken at the NATO 2014 Wales Summit 

and the NATO 2016 Warsaw Summit, including the adoption 

and implementation of the Readiness Action Plan (RAP), the 

formation of the Very High Joint Readiness Force (VJTF), 

the Enhanced Forward Presence (EFP) multinational battalions 

deployed to Estonia, Latvia, Lithuania, and Poland, and the 

Tailored Forward Presence in Romania and Bulgaria, have 

strengthened NATO readiness and collective defense. 

(7) Montenegro’s accession into NATO is a strong step 

toward strengthening the alliance, enhancing security and stability in Southeastern Europe, and reaffirming NATO’s commitment to an ‘‘Open Door’’ policy. 

(8) Cooperation with non-NATO allies and members of 

the Partnership for Peace program enhances security and stability in Europe. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should support a Europe whole, free, 

and at peace and the sovereign right of all European states 

to pursue integration into the Euro-Atlantic community through 

institutions such as NATO and the European Union; 

(2) the United States should develop and implement a 

policy and strategy backed by all elements of United States 


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power to deter and, if necessary, defeat Russian aggression, 

which will require— 

(A) enhancing United States military capability and 

capacity in Europe, including strong consideration of investments in increased permanently-stationed and continued 

rotational forces as well as the facilities and infrastructure 

necessary to support United States presence and training 

with its allies and partners; and 

(B) strengthening United States capability and capacity 

to counter malign Russian influence, including Russian 

hybrid warfare operations short of traditional armed conflict, malicious Russian cyber activities, and Russia’s use 

of misinformation, disinformation, and propaganda; 

(3) investments that support the security and stability of 

Europe, including the EDI, and support to European countries 

in further developing their security capabilities, are in the 

long-term national security interests of the United States, and 

as such, funds for such efforts should be included in the President’s base budget request for the Department of Defense in 

order to fully support United States combat capability in 

Europe, facilitate efficient planning and execution, and ensure 

budgetary transparency; 

(4) the United States should maintain an ironclad commitment to its obligations under Article 5 of the North Atlantic 

Treaty, which declares that an ‘‘armed attack against one or 

more [NATO allies] shall be considered an attack against them 

all’’; 

(5) while NATO allies have made progress toward high 

levels of defense spending, it is important that all NATO allies 

fulfill their commitments to levels and composition of defense 

expenditures as agreed upon at the NATO 2014 Wales Summit 

and NATO 2016 Warsaw Summit in order to uphold their 

obligations under Article 3 of the North Atlantic Treaty to 

‘‘maintain and develop their individual and collective capacity 

to resist armed attack’’; 

(6) NATO allies should continue to coordinate defense 

investments to both improve deterrence against Russian aggression and more appropriately balance defense spending across 

the alliance; and 

(7) because the NATO alliance defends not only the common 

security of the United States and its NATO allies, but our 

common values as well, it is essential that all NATO allies 

uphold their obligations under the North Atlantic Treaty to 

‘‘safeguard the freedom, common heritage and civilization of 

their peoples, founded on the principles of democracy, individual 

liberty and the rule of law’’. 

SEC. 1234. 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 amended 

by section 1237 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2494), is further 

amended— 

(1) in subsection (b), adding at the end the following new 

paragraphs: 


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131 STAT. 1660 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(12) Treatment of wounded Ukrainian soldiers in the 

United States in medical treatment facilities through the Secretarial Designee Program, including transportation, lodging, 

meals, and other appropriate non-medical support in connection 

with such treatment, and education and training for Ukrainian 

healthcare specialists such that they can provide continuing 

care and rehabilitation services for wounded Ukrainian soldiers. 

‘‘(13) Air defense and coastal defense radars. 

‘‘(14) Naval mine and counter-mine capabilities. 

‘‘(15) Littoral-zone and coastal defense vessels.’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘$175,000,000 of the 

funds available for fiscal year 2017 pursuant to subsection 

(f)(2)’’ and inserting ‘‘50 percent of the funds available 

for fiscal year 2018 pursuant to subsection (f)(3)’’; 

(B) in paragraph (2)— 

(i) in the first sentence, by striking ‘‘, and potential 

opportunities for privatization’’ and inserting ‘‘, 

sustainment, and inventory management’’; and 

(ii) in the second sentence, by inserting after ‘‘additional action is needed’’ the following: ‘‘and a description of the methodology used to evaluate whether 

Ukraine has made progress in defense institutional 

reforms relative to previously established goals and 

objectives’’; and 

(C) in paragraph (3)— 

(i) by striking ‘‘fiscal year 2017’’ and inserting 

‘‘fiscal year 2018’’; and 

(ii) by striking ‘‘, with not more than $100,000,000 

available for the purposes as follows for any particular 

country’’; 

(3) in subsection (f), by adding at the end the following: 

‘‘(3) For fiscal year 2018, $350,000,000.’’; and 

(4) in subsection (h), by striking ‘‘December 31, 2018’’ and 

inserting ‘‘December 31, 2020’’. 

SEC. 1235. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO 

IMPLEMENTATION OF THE OPEN SKIES TREATY. 

(a) LIMITATION ON CONDUCT OF FLIGHTS.— 

(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for any fiscal 

year after fiscal year 2017 for the Department of Defense 

for operation and maintenance, Defense-wide, or operation and 

maintenance, Air Force, may be obligated or expended to conduct any flight during such fiscal year for purposes of implementing the Open Skies Treaty until the date that is seven 

days after the date on which the President submits to the 

appropriate congressional committees a plan described in paragraph (2) with respect to such fiscal year. 

(2) PLAN DESCRIBED.—The plan described in this paragraph 

is a plan developed by the Secretary of Defense, in coordination 

with the Secretary of State, the Chairman of the Joint Chiefs 

of Staff, and the Director of National Intelligence, that contains 

a description of the objectives for all planned flights described 

in paragraph (1) during such fiscal year. 

(3) UPDATE.—To the extent necessary and appropriate, the 

Secretary of Defense, in coordination with the Secretary of 


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State, the Chairman of the Joint Chiefs of Staff, and the 

Director of National Intelligence, may update the plan described 

in paragraph (2) with respect to a fiscal year and submit 

the updated plan to the appropriate congressional committees. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Select Committee on Intelligence and Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence and the Committee 

on Foreign Affairs of the House of Representatives. 

(5) SUNSET.—The requirements of this subsection shall 

terminate on the date that is five years after the date of 

the enactment of this Act. 

(b) PROHIBITION ON ACTIVITIES TO MODIFY UNITED STATES AIRCRAFT.— 

(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2018 for research, development, test, and evaluation, Air Force, 

for arms control implementation (PE 0305145F) 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 Secretary 

of Defense submits to the appropriate congressional committees 

the certification described in paragraph (2) and the President 

submits to the appropriate congressional committees the certification described in paragraph (3). 

(2) CERTIFICATION BY SECRETARY OF DEFENSE.—The certification described in this paragraph is a certification that contains a determination of the Secretary of Defense, without 

delegation, that modification of digital visual imaging systems 

in United States OC–135 aircraft under the Open Skies Treaty 

will provide superior digital imagery as compared to digital 

imagery that is available to the Department of Defense on 

a commercial basis. 

(3) CERTIFICATION BY PRESIDENT.— 

(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. 

(4) 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. 


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131 STAT. 1662 PUBLIC LAW 115–91—DEC. 12, 2017 

(c) OPEN SKIES TREATY DEFINED.—In this section, the term 

‘‘Open Skies Treaty’’ means the Treaty on Open Skies, done at 

Helsinki March 24, 1992, and entered into force January 1, 2002. 

SEC. 1236. SENSE OF CONGRESS ON IMPORTANCE OF NUCLEAR 

CAPABILITIES OF NATO. 

(a) FINDINGS.—Congress finds the following: 

(1) The Warsaw Summit Communique, issued on July 9, 

2016, by the North Atlantic Treaty Organization (in this section 

referred to as ‘‘NATO’’) clearly defines the need for, and the 

importance of, the nuclear mission of NATO. 

(2) The Warsaw Summit Communique states— 

(A) with respect to the nuclear deterrence capability 

of NATO, ‘‘As a means to prevent conflict and war, credible 

deterrence and defence is essential. Therefore, deterrence 

and defence, based on an appropriate mix of nuclear, 

conventional, and missile defence capabilities, remains a 

core element of our overall strategy. . . The fundamental 

purpose of NATO’s nuclear capability is to preserve peace, 

prevent coercion, and deter aggression. Nuclear weapons 

are unique. Any employment of nuclear weapons against 

NATO would fundamentally alter the nature of a conflict. 

The circumstances in which NATO might have to use 

nuclear weapons are extremely remote’’; 

(B) with respect to the nature of the nuclear deterrence 

posture of NATO, ‘‘NATO must continue to adapt its 

strategy in line with trends in the security environment– 

including with respect to capabilities and other measures 

required–to ensure that NATO’s overall deterrence and 

defence posture is capable of addressing potential adversaries’ doctrine and capabilities, and that it remains credible, flexible, resilient, and adaptable.’’; and 

(C) with respect to the importance of contributions 

to the nuclear deterrence mission from across the NATO 

alliance, ‘‘The strategic forces of the Alliance, particularly 

those of the United States, are the supreme guarantee 

of the security of the Allies. The independent strategic 

nuclear forces of the United Kingdom and France have 

a deterrent role of their own and contribute to the overall 

security of the Alliance. These Allies’ separate centres of 

decision-making contribute to deterrence by complicating 

the calculations of potential adversaries. NATO’s nuclear 

deterrence posture also relies, in part, on United States’ 

nuclear weapons forward-deployed in Europe and on 

capabilities and infrastructure provided by Allies concerned. These Allies will ensure that all components of 

NATO’s nuclear deterrent remain safe, secure, and effective. That requires sustained leadership focus and institutional excellence for the nuclear deterrence mission and 

planning guidance aligned with 21st century requirements. 

The Alliance will ensure the broadest possible participation 

of Allies concerned in their agreed nuclear burden-sharing 

arrangements.’’. 

(3) Secretary of Defense James Mattis, in response to the 

advance policy questions for his Senate confirmation hearing 

on January 12, 2017, stated that— 


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(A) ‘‘NATO’s nuclear deterrence posture relies in part 

on U.S. nuclear weapons forward-deployed in Europe and 

on capabilities and infrastructure provided by NATO allies. 

These capabilities include dual-capable aircraft that contribute to current burden-sharing arrangements within 

NATO. In general, we must take care to maintain this 

particular capability, and to modernize it appropriately 

and in a timely fashion.’’; and 

(B) the role of the nuclear weapons of the United 

States is ‘‘to deter nuclear war and to serve as last resort 

weapons of self-defense. In this sense, U.S. nuclear weapons 

are fundamental to our nation’s security and have historically provided a deterrent against aggression and security 

assurance to U.S. allies. A robust, flexible, and survivable 

U.S. nuclear arsenal underpins the U.S. ability to deploy 

conventional forces worldwide.’’. 

(4) On March 28, 2017, General Curtis Scaparrotti, Commander of the United States European Command and the 

Supreme Allied Commander, Europe, testified to the Committee 

on Armed Services of the House of Representatives that ‘‘NATO 

and U.S. nuclear forces continue to be a vital component of 

our deterrence. Our modernization efforts are crucial; we must 

preserve a ready, credible, and safe nuclear capability.’’. 

(5) The Russian Federation is currently undergoing significant modernization and recapitalization of all three legs of 

its nuclear triad, continues to field and modernize a large 

variety of non-strategic nuclear weapons, and is developing 

and deploying new and unique nuclear capabilities. 

(6) Russia remains in violation of the INF Treaty due 

to the development, testing, and, most recently, the operational 

deployment of ground-launched cruise missiles in violation of 

the INF Treaty. 

(7) On March 28, 2017, General Paul Selva, Vice Chairman 

of the Joint Chiefs of Staff, described the security consequences 

of the deployment of such INF Treaty-violating missiles, testifying to the Committee on Armed Services of the House of 

Representatives that ‘‘our assessment of the impact is that 

it more threatens NATO and infrastructure within the European continent than any other...area of the world that we 

have national interests in or alliance interests in.’’. 

(8) On March 28, 2017, General Curtis Scaparrotti, in 

testimony before the Committee on Armed Services of the House 

of Representatives, responded to a question asking if Russia 

intends to return to compliance with the INF Treaty by stating, 

‘‘I don’t have any indication that they will at this time.’’. 

(9) Rhetoric from Russian officials has demonstrated that 

Moscow has sought to leverage its nuclear arsenal to threaten 

and intimidate neighboring countries, including members of 

NATO, as was the case when the Russian Ambassador to 

Denmark stated, ‘‘Danish warships will be targets for Russian 

nuclear missiles’’ in response to Denmark’s potential cooperation in the NATO missile defense system. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the nuclear and conventional deterrence capabilities 

of NATO are of critical importance to the security of the United 

States and of the NATO alliance, and must continue to adapt 

to the changed security environment in Europe; 


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(2) the ability of the United States to forward-deploy dualcapable aircraft and nuclear weapons, and of select members 

of NATO to participate in the nuclear deterrence mission of 

NATO by hosting forward-deployed nuclear weapons of the 

United States or operating dual-capable aircraft, is central 

to the credibility of the nuclear deterrence and defense posture 

of NATO; 

(3) the strategic forces of the United States, the independent nuclear forces of the United Kingdom and the French 

Republic, and the dual-capable aircraft operated by the United 

States and other members of NATO constitute foundational 

elements of the nuclear deterrence and defense posture of 

NATO; 

(4) NATO should modernize its nuclear-related infrastructure to ensure the highest-level of safety and security; 

(5) effective deterrence requires NATO to conduct nuclear 

planning and exercises aligned with 21st century requirements 

and modernize nuclear-related capabilities and infrastructure, 

including dual-capable aircraft, command and control networks, 

and facilities; and 

(6) to ensure the continued credibility of the deterrence 

and defense posture of NATO, the planned completion of F– 

35A aircraft development and testing, as well as the delivery 

of such aircraft to members of NATO, must not be delayed. 

(c) INF TREATY DEFINED.—In this section, 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 Intermediate-Range 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. 1237. REPORT ON SECURITY COOPERATION WITH RESPECT TO 

WESTERN BALKAN COUNTRIES. 

(a) IN GENERAL.—Not later than 180 days after the enactment 

of this Act, the Secretary of Defense, with the concurrence of the 

Secretary of State, shall submit to the congressional defense 

committees and the Committees on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives a report on security cooperation with respect to Western 

Balkan countries. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the following: 

(1) An assessment of security cooperation between each 

Western Balkan country and the Russian Federation, including 

the following: 

(A) A list of Russian weapons systems and other military hardware and technology valued at $1,000,000 or more 

that have been provided to or purchased by each Western 

Balkan country since 2012. 

(B) A description of the participation of each Western 

Balkan country’s security forces in training or exercises 

with the Russian Federation since 2012. 

(C) A description of any security cooperation agreements each Western Balkan country has entered into with 

the Russian Federation. 


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(D) An assessment of intelligence cooperation between 

each Western Balkan country and the Russian Federation. 

(E) An assessment of how security cooperation between 

each Western Balkan country and the Russian Federation 

affects the security interests of the United States, the 

North Atlantic Treaty Organization (NATO), the Western 

Balkan country, and each NATO member state that borders 

the Western Balkan country. 

(2) An assessment of security cooperation between each 

Western Balkan country and the United States, including the 

following: 

(A) A list of United States weapons systems and other 

military hardware and technology valued at $1,000,000 

or more that have been provided to or purchased by each 

Western Balkan country since 2012. 

(B) A description of the participation of each Western 

Balkan country’s security forces in training or exercises 

with the United States since 2012. 

(C) A description of any security cooperation agreements each Western Balkan country has entered into with 

the United States. 

(D) An assessment of intelligence cooperation between 

each Western Balkan country and the United States. 

(3) An assessment of security cooperation between each 

Western Balkan country and NATO. 

(4) A description of each Western Balkan country’s participation and activities in NATO’s Partnership for Peace program, 

if applicable. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex. 

(d) DEFINITION.—The term ‘‘Western Balkan countries’’ 

means— 

(1) Serbia; 

(2) Bosnia and Herzegovina; 

(3) Kosovo; and 

(4) Macedonia. 

SEC. 1238. PLAN TO RESPOND IN CASE OF RUSSIAN NONCOMPLIANCE 

WITH THE NEW START TREATY. 

(a) IN GENERAL.—Not later than 30 days after the date of 

the enactment of this Act, the President shall submit to the congressional defense committees, the Committee on Foreign Affairs of 

the House of Representatives, and the Committee on Foreign Relations of the Senate a report— 

(1) describing the options available in response to a failure 

by Russia to achieve the reductions required by the New START 

Treaty before February 5, 2018; and 

(2) including the assessment of the Secretary of Defense 

whether such a failure would constitute a material breach 

of the New START Treaty, providing grounds for the United 

States to withdraw from the treaty. 

(b) OPTIONS DESCRIBED.—The report required under subsection 

(a) shall specifically describe options to respond to such a failure 

relating to the following: 

(1) Economic sanctions. 

(2) Diplomacy. 


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131 STAT. 1666 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) Additional deployment of ballistic or cruise missile 

defense capabilities, or other United States capabilities that 

would offset any potential Russian military advantage from 

such a failure. 

(4) Redeployment of United States nuclear forces beyond 

the levels required by the New START Treaty, and the associated costs and impacts on United States operations. 

(5) Legal countermeasures available under other treaties 

between the United States and Russia, including under the 

Treaty on Open Skies, done at Helsinki March 24, 1992, and 

entered into force January 1, 2002. 

(c) NEW START TREATY.—In this section, 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. 1239. STRATEGY TO COUNTER THREATS BY THE RUSSIAN FEDERATION. 

(a) STRATEGY REQUIRED.—The Secretary of Defense, in 

coordination with the Secretary of State and in consultation with 

each of the Secretaries of the military departments, the Joint Chiefs 

of Staff, and the commanders of each of the regional and functional 

combatant commands, shall develop and implement a comprehensive strategy to counter threats by the Russian Federation. 

(b) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

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

submit to the appropriate congressional committees a report 

on the strategy required by subsection (a). 

(2) ELEMENTS.—The report required by this subsection 

shall include the following elements: 

(A) An evaluation of strategic objectives and motivations of the Russian Federation. 

(B) A detailed description of Russian threats to the 

national security of the United States, including threats 

that may pose challenges below the threshold of armed 

conflict. 

(C) A discussion of how the strategy complements the 

National Defense Strategy and the National Military 

Strategy. 

(D) A discussion of the ends, ways, and means inherent 

to the strategy. 

(E) A discussion of the strategy’s objectives with respect 

to deterrence, escalation control, and conflict resolution. 

(F) A description of the military activities across 

geographic regions and military functions and domains that 

are inherent to the strategy. 

(G) A description of the posture, forward presence, 

and readiness requirements inherent to the strategy. 

(H) A description of the roles of the United States 

Armed Forces in implementing the strategy, including— 

(i) the role of United States nuclear capabilities; 

(ii) the role of United States space capabilities; 

(iii) the role of United States cyber capabilities; 

(iv) the role of United States conventional ground 

forces; 

10 USC 113 note. 


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(v) the role of United States naval forces; 

(vi) the role of United States air forces; and 

(vii) the role of United States special operations 

forces. 

(I) An assessment of the force requirements needed 

to implement and sustain the strategy. 

(J) A description of the logistical requirements needed 

to implement and sustain the strategy. 

(K) An assessment of the technological research and 

development requirements needed to implement and sustain the strategy. 

(L) An assessment of the training and exercise requirements needed to implement and sustain the strategy. 

(M) An assessment of the budgetary resource requirements needed to implement and sustain the strategy 

through December 31, 2030. 

(N) An analysis of the adequacy of current authorities 

and command structures for countering unconventional 

warfare. 

(O) Recommendations for improving the counterunconventional warfare capabilities, authorities, and command structures of the Department of Defense. 

(P) A discussion of how the strategy provides a framework for future planning and investments in regional 

defense initiatives, including the European Deterrence Initiative. 

(Q) A plan to increase conventional precision strike 

weapon stockpiles in the United States European Command’s areas of responsibility, which shall include necessary increases in the quantities of such stockpiles that 

the Secretary of Defense determines will enhance deterrence and warfighting capability of the North Atlantic 

Treaty Organization forces. 

(R) A plan to counter the military capabilities of the 

Russian Federation, which, in addition to elements the 

Secretary of Defense determines to be appropriate, shall 

include recommendations for— 

(i) improving the capability of United States Armed 

Forces to operate in a Global Positioning System (GPS)- 

denied or GPS-degraded environment; 

(ii) improving the capability of United States 

Armed Forces to counter Russian unmanned aircraft 

systems, electronic warfare, and long-range precision 

strike capabilities; and 

(iii) countering unconventional capabilities and 

hybrid threats from the Russian Federation. 

(3) FORM.—The report required by this subsection shall 

be submitted in unclassified form but may contain a classified 

annex. 

SEC. 1239A. STRATEGY TO COUNTER THE THREAT OF MALIGN INFLUENCE BY THE RUSSIAN FEDERATION. 

(a) STRATEGY.— 

(1) IN GENERAL.—The Secretary of Defense and the Secretary of State, in coordination with the appropriate United 


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131 STAT. 1668 PUBLIC LAW 115–91—DEC. 12, 2017 

States Government officials, shall jointly develop a comprehensive strategy to counter the threat of malign influence by the 

Russian Federation. 

(2) SCOPE OF STRATEGY.—The strategy required by paragraph (1) shall include the following actions: 

(A) To attribute, defend against, and counter hybrid 

warfare operations short of traditional armed conflict 

against the United States and its allies and partners. 

(B) To deter, and respond when necessary, to malicious 

cyber activities by the Russian Federation. 

(C) To identify and defend against the threat of malign 

influence by the Russian Federation, including actions to 

counter— 

(i) the use of misinformation, disinformation, and 

propaganda in social and traditional media; 

(ii) corrupt or illicit financing of political parties, 

think tanks, media organizations, and academic 

institutions; and 

(iii) the use of coercive economic tools, including 

sanctions, market access, cryptocurrencies, and differential pricing, especially in the energy sector. 

(D) To promote the core values and principles of the 

United States, enhance the transatlantic relationship, 

strengthen good governance and democracy among European allies and partners, and further integration into multilateral institutions underpinning the global order, including 

the North Atlantic Treaty Organization (NATO) and the 

European Union. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

include the following elements: 

(1) SECURITY MEASURES.—Actions to counter the use of 

force, coercion, and other hybrid warfare operations of the 

military, intelligence, and other security forces, including 

irregulars, groups, or individuals, of the Russian Federation, 

including the following: 

(A) Actions to build the military presence and capabilities of military and security forces of the United States 

and European allies and partners to deter and respond 

to aggression by the Russian Federation. 

(B) Actions to improve indications and warnings, and 

capabilities to identify and attribute responsibility for the 

use of force, coercion, or other hybrid warfare operations 

by the Russian Federation. 

(C) Actions to support NATO allies and non-NATO 

partners in maintaining their sovereignty and territorial 

integrity. 

(2) INFORMATION OPERATIONS.—Actions to counter information operations of the Russian Federation, including the following: 

(A) Actions to identify, attribute, and counter malign 

disinformation, active measures, propaganda, and deception and denial activities of the Russian Federation in 

the United States and Europe, through traditional and 

social media. 

(B) To enhance joint, regional, and combined information operations and strategic communication strategies to 

counter Russian Federation information warfare, malign 


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influence, and propaganda activities and increase cooperation, exercises, and policy development with the NATO 

Strategic Communications Center of Excellence. 

(C) The establishment of interagency mechanisms for 

the coordination and implementation of the strategy with 

respect to disinformation, active measures, propaganda, 

and deception and denial activities of the Russian Federation. 

(D) Actions to strengthen the effectiveness of and fully 

resource the Global Engagement Center to carry out its 

purpose specified in section 1287(a)(2) of National Defense 

Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 

note) to lead, synchronize, and coordinate efforts of the 

Federal Government to recognize, understand, expose, and 

counter propaganda and disinformation efforts by the Russian Federation, other foreign governments, and non-state 

actors. 

(E) Programs to strengthen investigative journalism 

and media independence abroad in countries most vulnerable to malign influence by the Russian Federation. 

(F) Actions to build resilience to disinformation, active 

measures, propaganda, and deception and denial activities 

of the Russian Federation in the United States and other 

countries vulnerable to malign influence by the Russian 

Federation. 

(G) Efforts to work with traditional and social media 

providers to attribute and counter the threat of malign 

influence by the Russian Federation. 

(3) CYBER MEASURES.—Actions to counter the threat of 

malign influence by the Russian Federation in cyberspace, 

including the following: 

(A) To increase inclusion of regional cyber planning 

within larger United States joint planning exercises in 

the European region and increase joint exercises and policy 

development through the NATO Cooperative Cyber Defense 

Center of Excellence. 

(B) To identify potential areas of cybersecurity 

collaboration and partnership capabilities with NATO and 

other European allies and partners. 

(C) Programs to educate citizens, information and 

communications technology experts, and private sector 

organizations in the United States and abroad to enhance 

their resilience to malign influence by the Russian Federation in cyberspace. 

(4) POLITICAL AND DIPLOMATIC MEASURES.—Actions to 

counter malign political influence by the Russian Federation 

in the United States and among European allies and partners, 

including the following: 

(A) Programs and activities to enhance the resilience 

of United States democratic institutions and infrastructure 

at the national and subnational levels. 

(B) Programs working through the Department of State 

and the United States Agency for International Development to promote good governance and enhance democratic 

institutions abroad, particularly in countries deemed most 

vulnerable to malign influence by the Russian Federation. 


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131 STAT. 1670 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) Actions within the United Nations, the Organization for Security and Cooperation in Europe, and other 

multi-lateral organizations to counter malign influence by 

the Russian Federation. 

(D) Actions to identify organizations or networks of 

individuals affiliated or collaborating with the Government 

of the Russian Federation or proxies of the Russian Federation in the United States or European allies and partners. 

(5) FINANCIAL MEASURES.—Actions to counter corrupt and 

illicit financial networks of the Russian Federation in the 

United States and abroad, including the following: 

(A) Actions to promote the transparency of corrupt 

and illicit financial transactions of the Russian Federation, 

and other anti-corruption measures. 

(B) Actions to maintain and enhance the focus within 

the Department of the Treasury on tracing corrupt and 

illicit financial flows linked to the Russian Federation that 

interact with the United States financial system and 

exposing beneficial ownership and opaque Russia-related 

business transactions of significant importance. 

(C) Actions to build the capacity of financial intelligence units of allies and partners. 

(D) Actions to enhance financial intelligence cooperation between the United States and the European Union. 

(6) ENERGY SECURITY MEASURES.—Actions to promote the 

energy security of European allies and partners, and to reduce 

their dependence on energy imports from the Russian Federation that the Russian Federation uses as a weapon to coerce, 

intimidate, and influence those countries, including the following: 

(A) Actions to develop plans, working with the governments of European allies and partners to enhance energy 

market liberalization, effective regulation and oversight, 

energy reliability, and energy efficiency. 

(B) Actions to work with the European Union to promote the growth of liquefied natural gas trade and expansion of the gas transport infrastructure in Europe. 

(C) Actions to promote a dialogue within the NATO 

on a coherent, strategic approach to energy security for 

NATO members and partner nations. 

(7) PROMOTION OF VALUES.—Actions to promote United 

States values and principles to provide a strong, credible alternative to malign influence by the Russian Federation, including 

the following: 

(A) Actions to promote alliance structure, the importance of transatlantic security as it relates to United States 

national security, and the continued integration of countries within multilateral institutions within Europe. 

(B) Public diplomacy and outreach to the people of 

the Russian Federation. 

(c) CONSISTENCY WITH OTHER LAWS.—The strategy required 

by subsection (a) shall be consistent with the following: 

(1) The Countering America’s Adversaries Through Sanctions Act (Public Law 115–44). 

(2) The Ukraine Freedom Support Act of 2014 (22 U.S.C. 

8921 et seq.). 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1671 

(3) The Support for the Sovereignty, Integrity, Democracy, 

and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 

8901 et seq.). 

(4) The Sergei Magnitsky Rule of Law Accountability Act 

of 2012 (22 U.S.C. 5811 note). 

(d) REPORT.—Not later than 120 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 committees of Congress a report detailing the strategy required by subsection (a). 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In the 

section the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, the Committee on Appropriations, the Committee on the Judiciary, the Committee on Banking, Housing 

and Urban Affairs, and the Select Committee on Intelligence 

of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Committee on Appropriations, the Committee on the Judiciary, the Committee on Financial Services, 

and the Permanent Select Committee on Intelligence of the 

House of Representatives. 

Subtitle E—Intermediate-Range Nuclear 

Forces (INF) Treaty Preservation Act of 

2017 

SEC. 1241. SHORT TITLE. 

This subtitle may be cited as the ‘‘Intermediate-Range Nuclear 

Forces (INF) Treaty Preservation Act of 2017’’. 

SEC. 1242. FINDINGS. 

Congress makes the following findings: 

(1) The 2014, 2015, and 2016 Department of State reports 

entitled, ‘‘Adherence to and Compliance with Arms Control, 

Nonproliferation, and Disarmament Agreements and Commitments’’, all stated that the United States has determined that 

‘‘the Russian Federation is in violation of its obligations under 

the INF Treaty not to possess, produce, or flight-test a groundlaunched cruise missile (GLCM) with a range capability of 

500 km to 5,500 km, or to possess or produce launchers of 

such missiles’’. 

(2) The 2016 report also noted that ‘‘the cruise missile 

developed by Russia meets the INF Treaty definition of a 

ground-launched cruise missile with a range capability of 500 

km to 5,500 km, and as such, all missiles of that type, and 

all launchers of the type used or tested to launch such a 

missile, are prohibited under the provisions of the INF Treaty’’. 

(3) Potential consistency and compliance concerns 

regarding the INF Treaty noncompliant GLCM have existed 

since 2008, were not officially raised with the Russian Federation until 2013, and were not briefed to the North Atlantic 

Treaty Organization (NATO) until January 2014. 

(4) The United States Government is aware of other consistency and compliance concerns regarding Russia actions visa`-vis its INF Treaty obligations. 

22 USC 2551 

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(5) Since 2013, senior United States officials, including 

the President, the Secretary of State, and the Chairman of 

the Joint Chiefs of Staff, have raised Russian noncompliance 

with the INF Treaty to their counterparts, but no progress 

has been made in bringing the Russian Federation back into 

compliance with the INF Treaty. 

(6) In April 2014, General Breedlove, the Supreme Allied 

Commander Europe, correctly stated, ‘‘A weapon capability that 

violates the INF, that is introduced into the greater European 

land mass, is absolutely a tool that will have to be dealt 

with . . . It can’t go unanswered.’’. 

(7) The Department of Defense in its September 2013 

report, Report on Conventional Prompt Global Strike Options 

if Exempt from the Restrictions of the Intermediate-Range 

Nuclear Forces Treaty Between the United States of America 

and the Union of Soviet Socialist Republics, stated that it 

has multiple validated military requirement gaps due to the 

prohibitions imposed on the United States as a result of its 

compliance with the INF Treaty. 

(8) It is not in the national security interests of the United 

States to be unilaterally legally prohibited from developing 

dual-capable ground-launched cruise missiles with ranges 

between 500 and 5,500 kilometers, while Russia makes 

advances in developing and fielding this class of weapon systems, and such unilateral limitation cannot be allowed to continue indefinitely. 

(9) Admiral Harry Harris, Jr., Commander of the United 

States Pacific Command, testified before the Senate Armed 

Services Committee on April 27, 2017, that ‘‘[W]e’re in a multipolar world where we have a lot of countries who are developing 

these weapons, including China, that I worry about. And I 

worry about their DF-21 and DF-26 missile programs, their 

anti-carrier ballistic missile programs, if you will. INF doesn’t 

address missiles launched from ships or airplanes, but it focuses 

on those land-based systems. I think there’s goodness in the 

INF treaty, anything you can do to limit nuclear weapons 

writ-large is generally good. But the aspects of the INF Treaty 

that limit our ability to counter Chinese and other countries’ 

land-based missiles, I think, is problematic.’’. 

(10) A material breach of the INF Treaty by the Russian 

Federation affords the United States the right to invoke legal 

countermeasures which include suspension of the treaty in 

whole or in part. 

(11) Article XV of the INF Treaty provides that ‘‘Each 

Party shall, in exercising its national sovereignty, have the 

right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have 

jeopardized its supreme interests.’’. 

SEC. 1243. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF TREATY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the actions undertaken by the Russian Federation in 

violation of the INF Treaty constitute a material breach of 

the treaty; 

(2) in light of the Russian Federation’s material breach 

of the INF Treaty, the United States is legally entitled to 


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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; and 

(3) for so long as the Russian Federation remains in noncompliance with the INF Treaty, the United States should 

take actions to encourage the Russian Federation return to 

compliance, 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 

(B) seeking additional missile defense assets in the 

European theater to protect United States and NATO forces 

from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty. 

(b) AVAILABILITY OF FUNDS.—Of the funds authorized to be 

appropriated by this Act for fiscal year 2018 for research, development, test, and evaluation, as specified in the funding table in 

division D, $58,000,000 shall be made available for the development 

of— 

(1) active defenses to counter ground-launched missile systems with ranges between 500 and 5,500 kilometers; 

(2) counterforce capabilities to prevent attacks from these 

missiles; and 

(3) countervailing strike capabilities to enhance the 

capabilities of the United States identified in section 1243(d) 

of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 1062). 

(c) DEVELOPMENT OF INF RANGE GROUND-LAUNCHED MISSILE

SYSTEM.— 

(1) ESTABLISHMENT OF A PROGRAM OF RECORD.—The Secretary of Defense shall establish a program of record to develop 

a conventional road-mobile ground-launched cruise missile 

system with a range of between 500 to 5,500 kilometers, 

including research and development activities with respect to 

such cruise missile system. 

(2) REPORT REQUIRED.—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 cost and schedule for, and feasibility of, modifying United 

States missile systems in existence or planned as of such date 

of enactment for ground launch with a range of between 500 

and 5,500 kilometers as compared with the cost and schedule 

for, and feasibility of, developing a new ground-launched missile 

using new technology with the same range. 

SEC. 1244. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION DEVELOPMENT OF NONCOMPLIANT SYSTEMS 

AND UNITED STATES ACTIONS REGARDING MATERIAL 

BREACH OF INF TREATY BY THE RUSSIAN FEDERATION. 

(a) NOTIFICATION BY DIRECTOR OF NATIONAL INTELLIGENCE.— 

(1) IN GENERAL.—The Director of National Intelligence shall 

notify the appropriate congressional committees of any development, deployment, or test of a system by the Russian Federation 

that the Director determines is inconsistent with the INF 

Treaty. 

22 USC 2593a 

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(2) DEADLINE.—A notification under this subsection shall 

be made not later than 15 days after the date on which the 

Director makes the determination under this subsection with 

respect to which the notification is required. 

(b) WITHHOLDING OF FUNDS.— (1) IN GENERAL.—An amount equal to $50,000,000 of the 

amount authorized to be appropriated or otherwise made available to the Department of Defense for operation and maintenance, Defense-wide, for fiscal year 2018 to carry out special 

mission area activities of the Defense Information Systems 

Agency shall be withheld from obligation or expenditure until 

the date on which the President has submitted both the certification described in paragraph (2) and the report described 

in subsection (e). 

(2) CERTIFICATION DESCRIBED.—The certification described 

in this paragraph is a certification by the President to the 

appropriate congressional committees of the following: 

(A) Each requirement of section 1290 of the National 

Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2538; 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) REPORT ON PLAN TO IMPOSE ADDITIONAL SANCTIONS WITH

RESPECT TO THE RUSSIAN FEDERATION.— 

(1) IN GENERAL.—The President shall develop and submit 

to the congressional defense committees, the Committee on 

Foreign Relations and the Committee on Banking, Housing, 

and Urban Affairs of the Senate, and the Committee on Foreign 

Affairs of the House of Representatives a report that includes— 

(A) a plan to impose the measures described in paragraph (3) with respect to each person described in paragraph (2) by reason of non-compliance by the Russian Federation with the INF Treaty; and 

(B) a list of each such person. 

(2) PERSONS DESCRIBED.—The persons described in this 

paragraph are individuals who— 

(A) the President determines are responsible for 

ordering or facilitating non-compliance by the Russian Federation with the INF Treaty; or 

(B) are senior foreign political figures (as such term 

is defined in section 1010.605 of title 31, Code of Federal 

Regulations, as in effect on the date of the enactment 

of this Act) of the Government of the Russian Federation. 

(3) MEASURES DESCRIBED.—The measures described in this 

paragraph are the following, with respect to a person described 

in paragraph (2): 

(A) Blocking and prohibiting all transactions in property and interests in property of such person, if such property and interests in property are in the United States, 

come within the United States, or are or come within 

the possession or control of a United States person. 


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(B) Inadmissibility to the United States, ineligibility 

to receive a visa or other documentation to enter the United 

States, and ineligibility to be admitted or paroled into 

the United States or to receive any other benefit under 

the Immigration and Nationality Act (8 U.S.C. 1101 et 

seq.), and revocation of any visa or other entry documentation. 

(C) Prohibiting United States procurement from such 

person. 

(D) Any other sanctions the President determines to 

be appropriate. 

(4) FORM.—The report described in paragraph (1) shall 

be submitted in unclassified form. 

(5) DRAFT REGULATIONS REQUIRED.—Not later than 60 days 

after the date of the submission of the plan described in paragraph (1), the President shall prescribe in draft form such 

regulations as may be necessary to impose the measures 

described in paragraph (3) with respect to each person described 

in paragraph (2). 

SEC. 1245. REVIEW OF RS–26 BALLISTIC MISSILE. 

(a) IN GENERAL.—The President, in consultation with the Secretary of State, the Secretary of Defense, the Chairman of the 

Joint Chiefs of Staff, and the Director of National Intelligence, 

shall conduct a review of the RS–26 ballistic missile of the Russian 

Federation. 

(b) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the President, in consultation with 

the Secretary of State, the Secretary of Defense, the Chairman 

of the Joint Chiefs of Staff, and the Director of National Intelligence, 

shall submit to the appropriate congressional committees a report 

on the review conducted under subsection (a). The report shall 

include— 

(1) a determination whether the RS–26 ballistic missile 

is covered under the New START Treaty or would be a violation 

of the INF Treaty because Russia has flight-tested such missile 

to ranges covered by the INF Treaty in more than one warhead 

configuration; and 

(2) if the President determines that the RS–26 ballistic 

missile is covered under the New START Treaty, a determination whether the Russian Federation— 

(A) has agreed through the Bilateral Consultative 

Commission that such a system is limited under the New 

START Treaty central limits; and 

(B) has agreed to an exhibition of such a system. 

(c) EFFECT OF DETERMINATION.—If the President, with the 

concurrence of the Secretary of State, the Secretary of Defense, 

the Chairman of the Joint Chiefs of Staff, and the Director of 

National Intelligence, determines that the RS–26 ballistic missile 

is covered under the New START Treaty and that the Russian 

Federation has not taken the steps described under subsection 

(b)(2), the United States Government shall consider for purposes 

of all policies and decisions that the RS–26 ballistic missile of 

the Russian Federation is a violation of the INF Treaty. 

SEC. 1246. DEFINITIONS. 

In this subtitle: 

22 USC 2593a 

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131 STAT. 1676 PUBLIC LAW 115–91—DEC. 12, 2017 

(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. 

(3) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given the term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 

(4) 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. 

(5) OPEN SKIES TREATY.—The term ‘‘Open Skies Treaty’’ 

means the Treaty on Open Skies, done at Helsinki March 

24, 1992, and entered into force January 1, 2002. 

Subtitle F—Matters Relating to the IndoAsia-Pacific Region 

SEC. 1251. SENSE OF CONGRESS AND INITIATIVE FOR THE INDO-ASIAPACIFIC REGION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the security, stability, and prosperity of the Indo-AsiaPacific region are vital to the national interests of the United 

States; 

(2) the United States should maintain a military capability 

in the region that is able to project power, deter acts of aggression, and respond, if necessary, to regional threats; 

(3) the defense of the United States and its allies against 

North Korean or any other aggression remains a top priority; 

(4) continuing efforts by the Department of Defense to 

realign forces, commit additional assets, and increase investments to the Indo-Asia-Pacific region are necessary to maintain 

a robust United States commitment to the region; 

(5) the Secretary of Defense should— 

(A) assess the current United States force posture in 

the Indo-Asia-Pacific region to ensure that the United 

States maintains an appropriate forward presence in the 

region; 

(B) invest in critical munitions, undersea warfare 

capabilities, amphibious capabilities, resilient space 

architectures, missile defense, offensive and defensive cyber 

capabilities, and other capabilities conducive to operating 

effectively in contested environments; and 


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(C) enhance regional force readiness through joint 

training and exercises, considering contingencies ranging 

from grey zone to high-end near-peer conflict; 

(6) the United States commitment to freedom of navigation, 

ensuring free access to sea lanes and overflights to the United 

States naval and air forces, remains a core security interest; 

and 

(7) the United States should continue to engage in the 

Indo-Asia-Pacific region by strengthening alliances and partnerships, supporting regional institutions and bodies such as the 

Association of Southeast Asian Nations (ASEAN), building 

cooperative security arrangements, addressing shared challenges, and reinforcing the role of international law, including 

respect for human rights. 

(b) INDO-ASIA-PACIFIC STABILITY INITIATIVE.—The Secretary of 

Defense may carry out a program of activities to enhance stability 

in the Indo-Asia-Pacific region that shall be known as the ‘‘IndoAsia-Pacific Stability Initiative’’ (in this section referred to as the 

‘‘Initiative’’). 

(c) ACTIVITIES.—The activities under the Initiative shall include 

the following: 

(1) Activities to increase the presence and capabilities and 

enhance the posture of the United States Armed Forces in 

the Indo-Asia-Pacific region. 

(2) Bilateral and multilateral military training and exercises with allies and partner nations in the Indo-Asia-Pacific 

region. 

(3) Activities to improve military and defense infrastructure, logistics, and access in the Indo-Asia-Pacific region in 

order to enhance the responsiveness and capabilities of the 

United States Armed Forces in that region. 

(4) Activities to enhance the storage and pre-positioning 

in the Indo-Asia-Pacific region of equipment of the United 

States Armed Forces. 

(5) Activities to build the defense and security capacity— 

(A) of the United States Armed Forces in the IndoAsia-Pacific region; and 

(B) of allies and partner nations in the Indo-AsiaPacific region, under— 

(i) section 2282 of title 10, United States Code, 

or section 333 of such title, relating to the authority 

to build the capacity of foreign security forces; 

(ii) section 332 of title 10, United States Code, 

relating to defense institution capacity building for 

friendly foreign countries and international and 

regional organizations; 

(iii) section 1263 of the National Defense 

Authorization Act for Fiscal Year 2016 (10 U.S.C. 2282 

note), relating to the Southeast Asia Maritime Security 

Initiative; 

(iv) section 1206 of the Carl Levin and Howard 

P. ‘‘Buck’’ McKeon National Defense Authorization Act 

for Fiscal Year 2015 (10 U.S.C. 2282 note), relating 

to training of security forces and associated ministries 

of foreign countries to promote respect for the rule 

of law and human rights; or 


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131 STAT. 1678 PUBLIC LAW 115–91—DEC. 12, 2017 

(v) any other authority available to the Secretary 

of Defense. 

(d) GENERAL TRANSFER AUTHORITY.—Funds may only be made 

available to carry out this section through the transfer authority 

provided under section 1001. 

(e) INITIAL ASSESSMENT OF REQUIREMENTS.— 

(1) PLAN 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 plan that 

includes the following: 

(A) A detailed description of each project or activity 

to be carried out under the Initiative, including any request 

of the Commander of the United States Pacific Command 

for support, urgent operational need, or emergent operational need. 

(B) The amount planned to be obligated or expended 

on each such project or activity, and the timeline for such 

obligation or expenditure. 

(2) FORM.—The plan required under paragraph (1) shall 

be submitted in unclassified form but may include a classified 

annex. 

(f) INDO-ASIA-PACIFIC REGION DEFINED.—In this subtitle, the 

term ‘‘Indo-Asia-Pacific region’’ means the region that falls under 

the responsibility and jurisdiction of United States Pacific Command. 

SEC. 1252. REPORT ON STRATEGY TO PRIORITIZE UNITED STATES 

DEFENSE INTERESTS IN THE INDO-ASIA-PACIFIC REGION. 

(a) EXTENSION OF DEADLINE FOR STRATEGY.—Subsection (a) 

of section 1261 of the National Defense Authorization Act for Fiscal 

Year 2016 (Public Law 114–92; 129 Stat. 1072) is amended in 

the matter preceding paragraph (1) by striking ‘‘March 1, 2017’’ 

and inserting ‘‘March 1, 2018’’. 

(b) REPORT REQUIRED.—Not later than 90 days after the date 

on which the President issues the Presidential Policy Directive 

required under subsection (b) of such section 1261, the Secretary 

of Defense, in consultation 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 that contains a strategy 

to prioritize United States defense interests in the Indo-Asia-Pacific 

region. The strategy shall be informed by the overall strategy 

described in subsection (a) and shall address each of the following: 

(1) The national security interests of the United States 

in the Indo-Asia-Pacific region. 

(2) The security environment, including threats to global 

and regional national security interests of the United States 

emanating from the Indo-Asia-Pacific region such as efforts 

by China to advance national interests in the region. 

(3) The primary objectives and priorities in the Indo-AsiaPacific region, including— 

(A) the military missions necessary to address threats 

on the Korean Peninsula; 

(B) the role of the Department of Defense in the IndoAsia-Pacific region regarding security challenges posed by 

China; 


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(C) the primary objectives and priorities for combating 

terrorism in the Indo-Asia-Pacific region; 

(4) Department of Defense plans, force posture, capabilities, 

and resources to support United States national security 

interests and to address any gaps. 

(5) The roles of allies, partners, and other countries in 

achieving United States defense objectives and priorities. 

(6) Actions the Department of Defense could take, in 

cooperation with other Federal departments or agencies, to 

advance United Sates national security interests in the IndoAsia-Pacific region. 

(7) Any other matters the Secretary of Defense determines 

to be appropriate. 

(c) FORM.—The report required by subsections (a) shall be 

submitted in unclassified form, but may contain a classified annex. 

(d) REPEAL.—Section 1251 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 

2015 (Public Law 113–291; 128 Stat. 3570) is hereby repealed. 

SEC. 1253. ASSESSMENT OF UNITED STATES FORCE POSTURE AND 

BASING NEEDS IN THE INDO-ASIA-PACIFIC REGION. 

(a) ASSESSMENT REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall conduct 

an assessment of United States force posture and basing needs 

in the Indo-Asia-Pacific region. 

(2) ELEMENTS.—The assessment required under paragraph 

(1) shall include the following: 

(A) A review of military requirements based on operation and contingency plans, scenarios, capabilities of 

potential adversaries, and any assessed gaps or shortfalls 

of the Armed Forces. 

(B) A review of current United States military force 

posture and deployment plans of the United States Pacific 

Command. 

(C) An analysis of potential future realignments of 

United States forces in the region, including options for 

strengthening United States presence, access, readiness, 

training, exercises, logistics, and pre-positioning. 

(D) A discussion of any factors that may influence 

the United States posture. 

(E) Any recommended changes to the United States 

posture in the region. 

(F) Any other matters the Secretary of Defense determines to be appropriate. 

(b) REPORT.— (1) IN GENERAL.—Not later than April 1, 2018, the Secretary of Defense shall submit to the congressional defense 

committees a report that includes the assessment required 

under subsection (a). 

(2) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may contain a classified 

annex. 

SEC. 1254. PLAN TO ENHANCE THE EXTENDED DETERRENCE AND 

ASSURANCE CAPABILITIES OF THE UNITED STATES IN 

THE ASIA-PACIFIC REGION. 

(a) FINDING.—Congress recognizes that Democratic People’s 

Republic of Korea successful test of an intercontinental ballistic 


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missile (ICBM) and nuclear explosive tests constitute a grave and 

imminent threat to United States security and to the security 

of United States allies and partners in the Asia-Pacific region. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the nuclear and missile program of North Korea is 

one of the most dangerous national security threats facing 

the United States today and the defense of the Republic of 

Korea and Japan must remain a top priority for the administration; 

(2) given the threat posed by North Korea to our allies, 

the United States maintains an unwavering and steadfast 

commitment to the policy of extended deterrence, especially 

with respect to South Korea and Japan; 

(3) the Department of Defense’s Nuclear Posture Review 

that is to be completed in 2017 should fully consider— 

(A) the perspectives of key allies and partners of the 

United States in the Asia-Pacific region; and 

(B) actions to reassure South Korea and Japan of the 

enduring commitment of the United States to provide its 

full range of defensive capabilities; 

(4) bilateral extended deterrence dialogues and discussions 

with South Korea and Japan are of great value to the United 

States and its allies and partners in the Asia-Pacific region 

and must remain a central component of these relationships; 

(5) the United States must sustain and modernize current 

United States nuclear capabilities to ensure the extended deterrence commitments of the United States remain credible and 

executable; and 

(6) the timely development, production, and deployment 

of modern nuclear-capable aircraft are fundamental to ensure 

that the United States remains able to meet extended deterrence requirements in the Asia-Pacific region far into the future. 

(c) PLAN.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with 

the Commander of the United States Pacific Command and the 

Commander of the United States Strategic Command, shall submit 

to the congressional defense committees a plan to enhance the 

extended deterrence and assurance capabilities of the United States 

in the Asia-Pacific region. 

(d) MATTERS TO BE INCLUDED.—Such plan shall include consideration of actions that will enhance United States security by 

strengthening deterrence of North Korean aggression and providing 

increased assurance to United States allies in the Asia-Pacific 

region, including the following: 

(1) Increased visible presence of key United States military 

assets, such as missile defenses, long-range strike assets, and 

intermediate-range strike assets to the region. 

(2) Increased military cooperation, exercises, and integration of defenses with allies in the region. 

(3) Increased foreign military sales to allies in the region. 

(4) Planning for, exercising, or deploying dual-capable aircraft to the region. 

(5) Any necessary modifications to the United States 

nuclear force posture, including re-deployment of submarinelaunched nuclear cruise missiles to the region. 

(6) Such other actions the Secretary considers appropriate 

to strengthen extended deterrence and assurance in the region. 


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(e) FORM.—Such plan shall be submitted in unclassified form, 

but may contain a classified annex. 

(f) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to alter the shared goal of the United States, South 

Korea, and Japan for a denuclearized Korean Peninsula. 

SEC. 1255. SENSE OF CONGRESS REAFFIRMING SECURITY COMMITMENTS TO THE GOVERNMENTS OF JAPAN AND SOUTH 

KOREA AND TRILATERAL COOPERATION BETWEEN THE 

UNITED STATES, JAPAN, AND SOUTH KOREA. 

It is the sense of Congress that— 

(1) the United States values its alliances with the Governments of Japan and the Republic of Korea, based on shared 

values of democracy, the rule of law, free and open markets, 

and respect for human rights; 

(2) the United States reaffirms its commitment to these 

alliances with Japan and South Korea, which are cornerstones 

for the preservation of peace and stability in the Indo-AsiaPacific region and throughout the world; 

(3) the United States recognizes the substantial financial 

commitments of Japan and South Korea to the maintenance 

of United States forces in these countries, making them among 

the most significant burden-sharing partners of the United 

States; 

(4) the United States, South Korea, and Japan are indispensable partners in tackling global challenges, including combating the proliferation of weapons of mass destruction, preventing piracy, assisting the victims of conflict and disaster 

worldwide, safeguarding maritime security, and ensuring 

freedom of navigation, commerce, and overflight in the IndoAsia-Pacific region; 

(5) the United States reaffirms its commitment to Article 

V of the Treaty of Mutual Cooperation and Security between 

the United States of America and Japan, which applies to 

the Japanese-administered Senkaku Islands; 

(6) although the United States Government does not take 

a position on sovereignty of the Senkaku Islands, the United 

States acknowledges that the islands are under the administration of Japan and opposes any unilateral actions that would 

seek to undermine their administration by Japan, and any 

such unilateral actions of a third party will not affect United 

States’ acknowledgement of the administration of Japan over 

the Senkaku Islands; 

(7) the United States supports continued strengthening 

of defense cooperation with Japan in accordance with the 2015 

U.S.-Japan Defense Guidelines and additional measures to 

strengthen this defense cooperation, including by expanding 

foreign military sales, establishing new cooperative technology 

development programs, increasing military exercises, or other 

actions as appropriate; 

(8) the United States and South Korea share deep concerns 

that the nuclear and ballistic missile programs of North Korea 

and its repeated provocations pose great threats to peace and 

stability on the Korean Peninsula, and the United States recognizes that South Korea has made important commitments to 

the bilateral security alliance, including by hosting a Terminal 

High Altitude Area Defense (THAAD) system; 


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(9) the United States and South Korea should continue 

further defense cooperation, by enhancing mutual security 

based on the Mutual Defense Treaty between the United States 

and the Republic of Korea and investing in capabilities critical 

to the combined defense; 

(10) the United States should closely consult and coordinate 

with South Korea on measures to strengthen the alliance and 

defend against provocations committed by the North Korean 

regime; 

(11) the United States welcomes greater security cooperation with, and among, Japan and South Korea to promote 

mutual interests and address shared concerns, including the 

bilateral military intelligence-sharing pact between Japan and 

South Korea, signed on November 23, 2016, and the trilateral 

intelligence sharing agreement between the United States, 

Japan, and South Korea, signed on December 29, 2015; and 

(12) recognizing that North Korea poses a threat to each 

of the United States, Japan, and South Korea, and that the 

security of the three countries is intertwined, the United States 

welcomes and encourages deeper trilateral defense coordination 

and cooperation, including through expanded exercises, 

training, and information sharing that strengthens integration. 

SEC. 1256. STRATEGY ON NORTH KOREA. 

(a) REPORT ON STRATEGY REQUIRED.—Not later than 90 days 

after the date of the enactment of this Act, the President shall 

submit to Congress a report setting forth the strategy of the United 

States with respect to North Korea. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description and assessment of the primary threats 

to United States national security interests from North Korea. 

(2) A description of known foreign nation, foreign entity, 

or individual violations of current United Nations sanctions 

against North Korea, together with parameters for determining 

whether and on what timeline it serves United States interests 

to target such violators with unilateral secondary sanctions. 

(3) A description of the diplomatic, economic, and trade 

relationships between China and North Korea and between 

Russia and North Korea, including trends in such relationships 

and their impact on the Government of North Korea. 

(4) An identification of the diplomatic, economic, and security objectives for the Korean Peninsula and the desired end 

state in North Korea with respect to the security threats emanating from North Korea. 

(5) A detailed roadmap to reach the objectives and end 

state identified pursuant to paragraph (4), including timelines 

for each element of the roadmap. 

(6) A description of the unilateral and multilateral options 

available to the United States regarding North Korea, together 

with an assessment of the degree to which such options would 

impose costs on North Korea. 

(7) A description of the resources and authorities necessary 

to carry out the roadmap described in paragraph (5). 

(8) A description of operational plans and associated military requirements for the protection of United States interests 

with respect to North Korea. 

22 USC 9203. 


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(9) An identification of any capability or resource gaps 

that would affect the implementation of the strategy described 

in subsection (a), and a mitigation plan to address such gaps. 

(10) An assessment of current and desired partner contributions to countering threats from North Korea, and a plan to 

enhance cooperation among countries with shared security 

interests with respect to North Korea. 

(11) Any other matters the President considers appropriate. 

(c) ANNUAL UPDATES.—The President shall submit to Congress 

in writing on an annual basis a report describing and assessing 

progress in the implementation of the strategy described in subsection (a). 

(d) FORM.—The report under subsection (a) and each report 

under subsection (c) shall be submitted in unclassified form, but 

may include a classified annex. 

SEC. 1257. NORTH KOREAN NUCLEAR INTERCONTINENTAL BALLISTIC 

MISSILES. 

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 hazards or risks posed directly 

or indirectly by the nuclear ambitions of North Korea, focusing 

upon— 

(1) the development and deployment of intercontinental 

ballistic missiles or nuclear weapons; 

(2) the consequences to the United States, the interests 

of the United States, and allies of the United States of North 

Korea’s nuclear and missile programs; 

(3) a plan to deter and defend against such threats from 

North Korea; 

(4) protecting vital interest and capabilities of the United 

States in space from such threats from North Korea; and 

(5) the potential damage or destruction caused by electromagnetic pulse weapons. 

SEC. 1258. ADVANCEMENTS IN DEFENSE COOPERATION BETWEEN THE 

UNITED STATES AND INDIA. 

(a) IN GENERAL.—Section 1292(a) of the National Defense 

Authorization Act for the Fiscal Year 2017 (Public Law 114–328; 

130 Stat. 2559; 22 U.S.C. 2751 note) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (E), by inserting before the semicolon at the end the following: ‘‘, and to advance the 

Communications Interoperability and Security Memorandum of Agreement and The Basic Exchange and 

Cooperation Agreement for Geospatial Cooperation’’; 

(B) in subparagraph (H), by striking ‘‘and’’ at the end; 

(C) in subparagraph (I), by striking the period at the 

end and inserting ‘‘, including common security, and to 

enhance role of United States partners and allies in the 

defense relationship between the United States and India;’’; 

and 

(D) by adding at the end the following new subparagraphs: 

‘‘(J) support joint exercises, operations, and patrols 

and mutual defense planning with India; 

‘‘(K) work with representatives of the Government of 

the Islamic Republic of Afghanistan and the Government 

22 USC 2751 

note. 


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131 STAT. 1684 PUBLIC LAW 115–91—DEC. 12, 2017 

of India to promote stability and development in Afghanistan; and 

‘‘(L) support such other matters with respect to defense 

and security cooperation with India that the Secretary 

of Defense or the Secretary of State consider appropriate.’’; 

(2) in paragraph (2), by adding at the end the following 

new sentence: ‘‘The report shall also include a forward-looking 

strategy on enhancing defense and security cooperation with 

India.’’; and 

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

‘‘(3) REPORT FORM.—The report required by paragraph (2) 

shall be submitted in unclassified form, but may include a 

classified annex.’’. 

(b) INTERAGENCY DEFINITION OF INDIA AS MAJOR DEFENSE

PARTNER.—The Secretary of Defense, the Secretary of State, and 

the Secretary of Commerce shall jointly produce a common definition that recognizes India’s status as a ‘‘Major Defense Partner’’ 

for joint use by the Department of Defense, the Department of 

State, and the Department of Commerce. 

(c) RESPONSIBILITY FOR ENHANCED COOPERATION.— 

(1) DESIGNATION OF RESPONSIBLE INDIVIDUAL.—Not later 

than 90 days after the date of the enactment of this Act, 

the Secretary of Defense and the Secretary of State jointly 

shall make the designation required by paragraph (1)(B) of 

section 1292(a) of the National Defense Authorization Act for 

Fiscal Year 2017. 

(2) ADDITIONAL DUTIES.—Paragraph (1)(B) of section 

1292(a) of the National Defense Authorization Act for Fiscal 

Year 2017 is amended— 

(A) in clause (i), by striking ‘‘and’’ at the end; 

(B) in clause (ii), by adding ‘‘and’’ at the end; and 

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

‘‘(iii) to promote United States defense trade with 

India for the benefit of job creation and commercial 

competitiveness in the United States;’’. 

(3) BRIEFINGS.—Not later than 90 days after the date of 

the enactment of this Act, and every year thereafter, appropriate officials of the Office of the Secretary of Defense and 

appropriate officials of the Department of State shall brief 

the appropriate committees of Congress on the actions of the 

Department of Defense and the Department of State, respectively, to promote defense cooperation between the United 

States and India and the duties specified in paragraph (1)(B) 

of section 1292(a) of the National Defense Authorization Act 

for Fiscal Year 2017 (as amended by paragraph (2) of this 

subsection). The requirement for briefings under this paragraph 

shall cease on the date of the designation of an individual 

pursuant to paragraph (1). 

(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, 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. 

22 USC 2751 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1685 

SEC. 1259. STRENGTHENING THE DEFENSE PARTNERSHIP BETWEEN 

THE UNITED STATES AND TAIWAN. 

(a) STATEMENT OF POLICY.—It is the policy of the United States 

to reinforce its commitments to Taiwan under the Taiwan Relations 

Act and consistent with the ‘‘Six Assurances’’ as both governments 

work to improve Taiwan’s self-defense capability. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should— 

(1) strengthen and enhance its longstanding partnership 

and cooperation with Taiwan; 

(2) conduct regular transfers of defense articles and defense 

services necessary to enable Taiwan to maintain a sufficient 

self-defense capability, based solely on the needs of Taiwan; 

(3) invite the military forces of Taiwan to participate in 

military exercises, such as the ‘‘Red Flag’’ exercises; 

(4) carry out a program of exchanges of senior military 

officers and senior officials with Taiwan to improve militaryto-military relations, as expressed in section 1284 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2544); 

(5) support expanded exchanges focused on practical 

training for Taiwan personnel by and with United States military units, including exchanges among services; 

(6) conduct bilateral naval exercises, to include pre-sail 

conferences, in the western Pacific Ocean with the Taiwan 

navy; and 

(7) consider the advisability and feasibility of reestablishing 

port of call exchanges between the United States navy and 

the Taiwan navy. 

SEC. 1259A. NORMALIZING THE TRANSFER OF DEFENSE ARTICLES AND 

DEFENSE SERVICES TO TAIWAN. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

any requests from the Government of Taiwan for defense articles 

and defense services should receive a case-by-case review by the 

Secretary of Defense, in consultation with the Secretary of State, 

that is consistent with the standard processes and procedures in 

an effort to normalize the arms sales process with Taiwan. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 120 days after the date 

on which the Secretary of Defense receives a Letter of Request 

from Taiwan with respect to the transfer of a defense article 

or defense service to Taiwan, the Secretary, in consultation 

with the Secretary of State, shall submit to the appropriate 

congressional committees a report that includes— 

(A) the status of such request; 

(B) if the transfer of such article or service would 

require a certification or report to Congress pursuant to 

any applicable provision of section 36 of the Arms Export 

Control Act (22 U.S.C. 2776), the status of any Letter 

of Offer and Acceptance the Secretary of Defense intends 

to issue with respect to such request; and 

(C) an assessment of whether the transfer of such 

article or service would be consistent with United States 

obligations under the Taiwan Relations Act (Public Law 

96–8; 22 U.S.C. 3301 et seq.). 

22 USC 3302 

note. 

22 USC 3301 

note. 


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131 STAT. 1686 PUBLIC LAW 115–91—DEC. 12, 2017 

(2) ELEMENTS.—Each report required under paragraph (1) 

shall specify the following: 

(A) The date the Secretary of Defense received the 

Letter of Request. 

(B) The value of the sale proposed by such Letter 

of Request. 

(C) A description of the defense article or defense 

service proposed to be transferred. 

(D) The view of the Secretary of Defense with respect 

to such proposed sale and whether such sale would be 

consistent with United States defense initiatives with 

Taiwan. 

(3) FORM.—Each report required under paragraph (1) shall 

be submitted in unclassified form but may contain a classified 

annex. 

(c) BRIEFING.—Not later than 180 days after the date of the 

enactment of this Act, and every 180 days thereafter, the Secretary 

of Defense, in coordination with the Secretary of State, shall provide 

a briefing to the appropriate congressional committees with respect 

to the security challenges faced by Taiwan and the military cooperation between the United States and Taiwan, including a description 

of any requests from Taiwan for the transfer of defense articles 

or defense services and the status, whether signed or unsigned, 

of any Letters of Offer and Acceptance with respect to such requests. 

(d) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; 

and 

(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. 

(2) DEFENSE ARTICLE; DEFENSE SERVICE.—The terms 

‘‘defense article’’ and ‘‘defense service’’ have the meanings given 

such terms in section 47 of the Arms Export Control Act (22 

U.S.C. 2794). 

(3) LETTER OF REQUEST; LETTER OF OFFER AND ACCEPTANCE.—The terms ‘‘Letter of Request’’ and ‘‘Letter of Offer 

and Acceptance’’ have the meanings given such terms for purposes of Chapter 5 of the Security Assistance Management 

Manual of the Defense Security Cooperation Agency, as in 

effect on the date of the enactment of this Act. 

SEC. 1259B. ASSESSMENT ON UNITED STATES DEFENSE IMPLICATIONS 

OF CHINA’S EXPANDING GLOBAL ACCESS. 

(a) ASSESSMENT.— 

(1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Secretary of State, shall assess the foreign military 

and non-military activities of the People’s Republic of China 

that could affect the regional and global national security and 

defense interests of the United States. 

(2) ELEMENTS.—The assessment required by paragraph (1) 

shall evaluate the following: 

(A) The expansion by China of military and non-military means in the Indo-Asia-Pacific region and globally, 

including influence campaigns, loans, access to military 

equipment, military training, tourism, media, investment 


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projects, infrastructure, and access to foreign ports and 

military bases, and whether such means could affect United 

States national security or defense interests, including 

operational access. 

(B) The implications, if any, of such means for the 

military force posture, access, training, and logistics of 

both the United States and China. 

(C) The United States strategy and policy for mitigating any harmful effects resulting from such means. 

(D) The resources required to implement such strategy 

and policy, and the plan to address and mitigate any gaps 

in capabilities or resources necessary for such implementation of the policy and strategy. 

(E) Measures to bolster the roles of allies, partners, 

and other countries to implement such strategy and policy. 

(F) Any other matters the Secretary of Defense or 

the Secretary of State determines to be appropriate. 

(3) REPORT REQUIRED.— 

(A) IN GENERAL.—Not later than 120 days after the 

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

in coordination 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 assessment required under subsection (b). 

(B) FORM.—The report required by this paragraph shall 

be submitted in unclassified form, but may contain a classified annex. 

SEC. 1259C. AGREEMENT SUPPLEMENTAL TO COMPACT OF FREE 

ASSOCIATION WITH PALAU. 

(a) APPROVAL OF AGREEMENT SUPPLEMENTAL TO COMPACT.— 

(1) IN GENERAL.—Subject to the availability of appropriations that meet the total financial obligations for such purpose, 

the Compact Review Agreement and appendices signed by the 

United States and the Republic of Palau on September 3, 

2010, in connection with section 432 of the Compact of Free 

Association with Palau (Public Law 99–658; 48 U.S.C. 1931 

note) are approved. 

(2) FUNDING SCHEDULE.—The Compact Review Agreement 

includes a funding schedule that is to be modified by the 

parties to the Compact Review Agreement, and such funding 

schedule (as so modified) is approved. The Compact Review 

Agreement, appendices, and funding schedule (as so modified) 

are referred to hereinafter as the ‘‘Agreement’’. 

(b) STATUS OF PRIOR YEAR PAYMENTS.—Amounts provided to 

the Government of Palau by the Government of the United States 

in fiscal years 2011 through 2017 shall also be considered as funding 

to implement the Agreement. 

(c) EXTENSION OF EFFECTIVE DATE.—Section 105(f)(1)(B)(ix) of 

the Compact of Free Association Amendments Act of 2003 (48 

U.S.C. 1921d(f)(1)(B)(ix)) is amended by striking ‘‘2009’’ and 

inserting ‘‘2024’’. 

48 USC 1931 

note. 

48 USC 1931 

note. 


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131 STAT. 1688 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1259D. STUDY ON UNITED STATES INTERESTS IN THE FREELY 

ASSOCIATED STATES. 

(a) STUDY REQUIRED.—The Secretary of Defense shall enter 

into an agreement with an appropriate independent entity to conduct a study and assessment of United States security and foreign 

policy interests in the Freely Associated States of the Republic 

of Palau, the Republic of the Marshall Islands, and the Federated 

States of Micronesia. 

(b) ELEMENTS.—The study required pursuant to subsection (a) 

shall address the following: 

(1) The role of the Compacts of Free Association in promoting United States defense and foreign policy interests, 

including the United States defense posture and plans. 

(2) The status of the obligations of the United States and 

the Freely Associated States under the Compacts of Free 

Association. 

(3) The economic assistance practices of the People’s 

Republic of China in the Freely Associated States, and the 

implications of such practices for United States defense and 

foreign policy interests in the Freely Associated States and 

the Pacific region. 

(4) The economic assistance practices of other countries 

in the Freely Associated States, as determined by the Comptroller General, and the implications of such practices for 

United States defense and foreign policy interests in the Freely 

Associated States and the Pacific region. 

(5) Any other matters the Secretary considers appropriate 

for purposes of the study. 

(c) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary shall 

provide the entity conducting the study pursuant to subsection 

(a) with timely access to appropriate information, data, resources, 

and analysis so that the entity may conduct a thorough and independent assessment of the matters covered by the study, including 

the matters specified in subsection (b). 

(d) REPORT.— 

(1) IN GENERAL.—Not later than December 1, 2018, the 

Secretary shall submit to the congressional defense committees 

a report setting forth the results of the study conducted pursuant to subsection (a). 

(2) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified for, but may include a classified 

annex. 

Subtitle G—Reports 

SEC. 1261. MODIFICATION OF ANNUAL REPORT ON MILITARY AND 

SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S 

REPUBLIC OF CHINA. 

Subsection (b) of section 1202 of the National Defense 

Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 

U.S.C. 113 note), as most recently amended by section 1271 of 

the National Defense Authorization Act for Fiscal Year 2017 (Public 

Law 114–328; 130 Stat. 2538), is further amended by adding at 

the end the following: 

‘‘(23) Any Chinese laws, regulations, or policies that could 

jeopardize the economic security of the United States.’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1689 

SEC. 1262. MODIFICATIONS TO ANNUAL UPDATE OF DEPARTMENT OF 

DEFENSE FREEDOM OF NAVIGATION OPERATIONS 

REPORT. 

(a) IN GENERAL.— 

(1) SCOPE OF REPORT.—Subsection (a) of section 1275 of 

the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2540) is amended by inserting 

‘‘or have not been so challenged’’ after ‘‘international law’’. 

(2) UNCHALLENGED CLAIMS.—Subsection (b) of such section 

1275 is amended by adding at the end the following: 

‘‘(4) For each country identified under paragraph (1), the 

types of any excessive maritime claims by such country that 

have not been challenged by the United States under the program referred to in subsection (a). 

‘‘(5) A list of each country, other than a country identified 

under paragraph (1), making excessive maritime claims that 

have not been challenged by the United States under the program referred to in subsection (a) and the types and natures 

of such claims.’’. 

(b) EFFECTIVE DATE.—The amendments made subsection (a) 

take effect of the date of the enactment of this Act and apply 

with respect to each report required to be submitted under section 

1275 of the National Defense Authorization Act for Fiscal Year 

2017 on or after such date of enactment. 

SEC. 1263. REPORT ON STRATEGY TO DEFEAT AL-QAEDA, THE TALIBAN, 

THE ISLAMIC STATE OF IRAQ AND SYRIA (ISIS), AND 

THEIR ASSOCIATED FORCES AND CO-BELLIGERENTS. 

(a) IN GENERAL.—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 on the United States 

strategy to defeat Al-Qaeda, the Taliban, the Islamic State of Iraq 

and Syria (ISIS), and their associated forces and co-belligerents. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) An analysis of the adequacy of the existing legal framework to accomplish the strategy described in subsection (a), 

particularly with respect to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) and the 

Authorization for Use of Military Force Against Iraq Resolution 

of 2002 (Public Law 107–243; 50 U.S.C. 1541 note). 

(2) An analysis of the estimated defense and non-defense 

budgetary resources through fiscal year 2022 necessary to 

accomplish the strategy described in subsection (a). 

(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. 1264. REPORT ON AND NOTICE OF CHANGES MADE TO THE LEGAL 

AND POLICY FRAMEWORKS FOR THE UNITED STATES’ USE 

OF MILITARY FORCE AND RELATED NATIONAL SECURITY 

OPERATIONS. 

(a) INITIAL REPORT.— 

50 USC 1549. 


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131 STAT. 1690 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) IN GENERAL.—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 on the legal 

and policy frameworks for the United States’ use of military 

force and related national security operations. 

(2) MATTERS TO BE INCLUDED.—The report required by 

paragraph (1) shall include the legal, factual, and policy justifications for any changes made to such legal and policy frameworks during the period beginning on January 20, 2017, and 

ending on the date the report is submitted. 

(b) NOTICE REQUIRED.—Not later than 30 days after the date 

on which a change is made to the legal and policy frameworks 

described in subsection (a)(1), the President shall notify the appropriate congressional committees of such change, including the legal, 

factual, and policy justification for such change. 

(c) FORM.—The report required by subsection (a) and each 

notice required by subsection (b) shall be submitted in unclassified 

form, but may contain a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, the Committee on Foreign Relations, and the 

Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, the Committee on Foreign Affairs, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives. 

SEC. 1265. REPORT ON MILITARY ACTION OF SAUDI ARABIA AND ITS 

COALITION PARTNERS IN YEMEN. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, and annually thereafter for 2 years, 

the Secretary of Defense and the Secretary of State shall jointly 

submit to the appropriate congressional committees a report on 

military action of Saudi Arabia and its coalitions partners in Yemen. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include a description of the following: 

(1) The extent to which the Government of Saudi Arabia 

and its coalition partners in Yemen are taking demonstrable 

actions to— 

(A) reduce the risk of harm to civilians and civilian 

objects, in compliance with obligations under international 

humanitarian law, including by minimizing harm to 

civilians, discriminating between civilian objects and military objectives, and exercising proportional use of force; 

(B) facilitate the flow of humanitarian aid and commercial goods into Yemen, including commercial fuel and 

commodities not subject to sanction or prohibition under 

United Nations Security Council Resolution 2216 (2015); 

and 

(C) target al Qaeda in the Arabian Peninsula and 

affiliates of the Islamic State of Iraq and Syria as part 

of the coalition’s military operations in Yemen. 

(2) The role of United States military personnel with 

respect to operations of such coalition partners in Yemen. 


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(3) Progress made by the Government of Saudi Arabia 

and its coalition partners in avoiding and investigating, if necessary, civilian casualties, including improvements to— 

(A) targeting methodology; 

(B) the strike approval process; and 

(C) training of personnel, including by implementing 

the recommendations of the Joint Incident Assessment 

Team. 

(4) Progress made to support implementation of the provisions of United Nations Security Council Resolution 2216 (2015) 

that call for the observance of applicable international humanitarian and human rights laws and the unimpeded provision 

of humanitarian assistance to those in need in Yemen. 

(5) Any other matters the Secretary of Defense and the 

Secretary of State determine to be relevant. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the 

Senate. 

SEC. 1266. SUBMITTAL OF DEPARTMENT OF DEFENSE SUPPLEMENTAL 

AND COST OF WAR EXECUTION REPORTS ON QUARTERLY 

BASIS. 

Subsection (c) of section 1221 of the National Defense 

Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note) is 

amended to read as follows: 

‘‘(c) QUARTERLY SUBMITTAL TO CONGRESS AND GAO OF CERTAIN

REPORTS ON COSTS.—Not later than 45 days after the end of each 

fiscal year quarter, the Secretary of Defense shall submit to the 

congressional defense committees and the Comptroller General of 

the United States the Department of Defense Supplemental and 

Cost of War Execution report for such fiscal year quarter.’’. 

SEC. 1267. CONSOLIDATION OF REPORTS ON UNITED STATES ARMED 

FORCES, CIVILIAN EMPLOYEES, AND CONTRACTORS 

DEPLOYED IN SUPPORT OF OPERATION INHERENT 

RESOLVE, OPERATION FREEDOM’S SENTINEL, AND ASSOCIATED AND SUCCESSOR OPERATIONS. 

(a) REPORTS REQUIRED.—Not later than 30 days after the date 

of the enactment of this Act, and every 90 days thereafter, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on United States Armed Forces, Department 

of Defense civilian employees, and Department of Defense contractor 

employees deployed in support of the following: 

(1) Operation Inherent Resolve. 

(2) Operation Freedom’s Sentinel. 

(3) Any operation associated with, or successor to, an operation referred to in paragraph (1) or (2). 

(b) ELEMENTS.—Each report under subsection (a) shall include 

the following: 

(1) The number of members of the United States Armed 

Forces, set forth by Armed Force and component (whether 

regular, National Guard, or Reserve), Department of Defense 


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131 STAT. 1692 PUBLIC LAW 115–91—DEC. 12, 2017 

civilian employees, and Department of Defense contractor 

employees deployed in support of the operations covered by 

subsection (a) for the most recent month for which data is 

available, and a description of the functions performed by such 

deployed personnel. 

(2) An estimate for the 3-month period following the date 

on which the report is submitted of the total number of members of the United States Armed Forces, set forth by Armed 

Force and component (whether regular, National Guard, or 

Reserve), Department civilian employees, and Department contractor employees to be deployed in support of the operations 

covered by subsection (a), and a description of the functions 

to be performed by such deployed personnel during such period. 

(3) A description of any limitations on the number of United 

States Armed Forces, Department civilian employees, and 

Department contractor employees deployed in support of the 

operations covered by subsection (a). 

(4) A description of military functions that are and are 

not subject to the limitations described in paragraph (3). 

(5) The number of members of the United States Armed 

Forces, set forth by Armed Force and component (whether 

regular, National Guard, or Reserve), Department civilian 

employees, and Department contractor employees deployed in 

support of the operations covered by subsection (a) that are 

not subject to the limitations described in paragraph (3) for 

the most recent month for which data is available. 

(6) Any changes to the limitations described in paragraph 

(3), and the rationale for such changes. 

(7) Any other matters the Secretary considers appropriate. 

(c) MANNER OF PRESENTATION.—Each report under subsection 

(a) shall set forth each element specified in subsection (b)— 

(1) with respect to each operation covered by subsection 

(a); and 

(2) with respect to each country in which each such operation is being conducted. 

(d) FORM.—If any report under subsection (a) is submitted 

in classified form, such report shall be accompanied by an unclassified summary that includes, at a minimum, the information 

required by subsection (b)(1). 

(e) SUNSET.—The requirement to submit reports under this 

section shall terminate on the earlier of— 

(1) the date on which all operations covered by subsection 

(a) have terminated; or 

(2) the date that is five years after the date of the enactment of this Act. 

(f) REPEAL OF SUPERSEDED PROVISION.—Section 1224 of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1053) is repealed. 

SEC. 1268. COMPTROLLER GENERAL OF THE UNITED STATES REPORT 

ON PRICING AND AVAILABILITY WITH RESPECT TO FOREIGN MILITARY SALES. 

(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 the appropriate committees of Congress 

a report on pricing and availability with respect to foreign military 

sales. The report shall include the following: 


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(1) An assessment of the purpose and role of pricing and 

availability within the foreign military sales process. 

(2) An assessment of the guidance provided by the Department of Defense for the preparation of pricing and availability 

data for foreign military sales. 

(3) An assessment of the assumptions, estimations, and 

sources of data used by the Department in the preparation 

of pricing and availability data for foreign military sales. 

(4) An assessment of the degree of accuracy and transparency provided by the Department in preparing pricing and 

availability data during the foreign military sales process. 

(5) An assessment of the factors that may account for 

discrepancies between prices of major items or services offered 

by the Department in pricing and availability data provided 

to foreign governments for foreign military sales and prices 

offered by relevant United States commercial entities for similar 

items or services, including— 

(A) a description of the magnitude of the extent of 

differences in such prices; and 

(B) a description of common discrepancies that account 

for such differences, including Department administrative 

fees, cost for training and spares, and other factors, 

including recurring factors. 

(6) An assessment of the extent to which the Department 

has identified instances where discrepancies in pricing for major 

items or services resulted in the loss of a foreign military 

sale for a United States commercial entity. 

(7) Any other matters the Comptroller General considers 

appropriate. 

(b) BRIEFINGS.—The Comptroller General shall provide periodic 

briefings to the appropriate committees of Congress on any preliminary findings and recommendations of the Comptroller General 

as a result of work in furtherance of the report required by subsection (a). 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

of Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1269. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN FEDERATION. 

Section 1245(b) of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(Public Law 113–291; 128 Stat. 3566), as most recently amended 

by section 1235(a) of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2490), is further 

amended— 

(1) by redesignating paragraphs (14) through (20) as paragraphs (16) through (22), respectively; and 

(2) by inserting after paragraph (13) the following new 

paragraphs: 

‘‘(14) An assessment of Russia’s hybrid warfare strategy 

and capabilities, including— 

‘‘(A) Russia’s information warfare strategy and 

capabilities, including the use of misinformation, 


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disinformation, and propaganda in social and traditional 

media; 

‘‘(B) Russia’s financing of political parties, think tanks, 

media organizations, and academic institutions; 

‘‘(C) Russia’s malicious cyber activities; 

‘‘(D) Russia’s use of coercive economic tools, including 

sanctions, market access, and differential pricing, especially 

in energy exports; and 

‘‘(E) Russia’s use of criminal networks and corruption 

to achieve political objectives. 

‘‘(15) An assessment of attempts by Russia, or any foreign 

person acting as an agent of or on behalf of Russia, during 

the preceding year to knowingly disseminate Russian-supported 

disinformation or propaganda, through social media applications or related Internet-based means, to members of the Armed 

Forces with probable intent to cause injury to the United States 

or advantage the Government of the Russian Federation.’’. 

Subtitle H—Other Matters 

SEC. 1271. SECURITY AND STABILITY STRATEGY FOR SOMALIA. 

(a) IN GENERAL.—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 a comprehensive United States strategy to achieve long-term security and stability in Somalia and includes each of the following elements: 

(1) A description of United States strategic objectives in 

Somalia and the benchmarks for assessing progress toward 

such objectives. 

(2) An assessment of the threats posed to Somalia, the 

broader region, the United States, and partners of the United 

States, by al-Shabaab and organizations affiliated with the 

Islamic State of Iraq and Syria in Somalia, including the origins, strategic aims, tactical methods, funding sources, and 

leadership of each organization. 

(3) A description of the key international and United States 

governance, diplomatic, development, military, and intelligence 

resources available to address instability in Somalia. 

(4) A plan to improve coordination among, and effectiveness 

of, United States governance, diplomatic, development, military, 

and intelligence resources to counter the threat of al-Shabaab 

and organizations affiliated with the Islamic State of Iraq and 

Syria in Somalia. 

(5) A description of the role the United States is playing 

or will play to address political instability and support longterm security and stability in Somalia. 

(6) A description of the contributions made by the African 

Union Mission in Somalia (in this section referred to as 

‘‘AMISOM’’) to security in Somalia and an assessment of the 

anticipated duration of support provided to AMISOM by troop 

contributing countries. 

(7) A plan to train the Somali National Army and other 

Somali security forces, that also includes— 

(A) a description of the assistance provided by other 

countries for such training; and 


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(B) a description of the efforts to integrate regional 

militias into the uniformed Somali security forces; and 

(C) a description of the security assistance authorities 

under which any such training would be provided by the 

United States and the recommendations of the Secretary 

to address any gaps under such authorities to advise, assist, 

or accompany the Somali National Army or other Somali 

security forces within appropriate roles and responsibilities 

that are not fulfilled by other countries or by international 

organizations. 

(8) A description of the steps the United States, AMISOM, 

and any forces trained by the United States are taking in 

Somalia to minimize civilian casualties and other harm to 

civilians. 

(9) Any other matters the President considers appropriate. 

(b) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form but may include a classified annex. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Committee on Appropriations, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, the Committee on Appropriations, and the 

Select Committee on Intelligence of the Senate. 

SEC. 1272. GLOBAL THEATER SECURITY COOPERATION MANAGEMENT 

INFORMATION SYSTEM. 

(a) UPDATE OF GUIDANCE.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall— 

(A) update relevant security cooperation guidance 

issued by the Secretary for use of the Global Theater Security Cooperation Management Information System (in this 

section referred to as ‘‘G-TSCMIS’’), including guidance 

relating to the matters described in paragraph (3); and 

(B) submit to the congressional defense committees 

a report that contains such guidance. 

(2) SUCCESSOR SYSTEM.—Not later than 180 days after 

the date of the adoption of any security cooperation information 

system that is a successor to G-TSCMIS, the Secretary of 

Defense shall— 

(A) update relevant security cooperation guidance 

issued by the Secretary for use of such system, including 

guidance relating to the matters described in paragraph 

(3); and 

(B) submit to the congressional defense committees 

a report that contains such guidance. 

(3) MATTERS DESCRIBED.—The matters described in this 

paragraph are the following: 

(A) Designation of an authoritative data repository for 

security cooperation information, with enforceable data 

standards and data controls. 

(B) Responsibilities for entry of data relating to programs and activities into the system. 

10 USC 2223a 

note. 


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131 STAT. 1696 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) Oversight and accountability measures to ensure 

the full scope of activities are entered into the system 

consistently and in a timely manner. 

(D) Such other matters as the Secretary considers 

appropriate. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 270 days after the adoption 

of any security cooperation information system that is the successor to G-TSCMIS, the Secretary of Defense shall submit 

to the congressional defense committees a report setting forth 

a review of measures for evaluating the system in order to 

comply with guidance required by subsection (a). 

(2) ELEMENTS.—The review required by paragraph (1) shall 

include the following: 

(A) An evaluation of the impacts of inconsistent 

information on the system’s functionality as a tool for planning, resource allocation, and adjustment. 

(B) An evaluation of the effectiveness of oversight and 

accountability measures. 

(C) An evaluation of feedback from the operational 

community to inform future requirements. 

(D) Such other matters as the Secretary considers 

appropriate. 

(3) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 1273. FUTURE YEARS PLAN FOR THE EUROPEAN DETERRENCE 

INITIATIVE. 

(a) PLAN REQUIRED.— 

(1) IN GENERAL.—Not later than 120 days after the date 

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

consultation with the Commander of the United States European Command, shall submit to the congressional defense 

committees a future years plan on activities and resources 

of the European Deterrence Initiative (in this section referred 

to as the ‘‘EDI’’). 

(2) APPLICABILITY.—The plan shall apply with respect to 

fiscal year 2018 and at least the four succeeding fiscal years. 

(b) MATTERS TO BE INCLUDED.—The plan required under subsection (a) shall include the following: 

(1) A description of the objectives of the EDI. 

(2) An assessment of resource requirements to achieve the 

objectives of the EDI. 

(3) An assessment of capabilities requirements to achieve 

the objectives of the EDI. 

(4) An assessment of logistics requirements, including force 

enablers, equipment, supplies, storage, and maintenance 

requirements, to achieve the objectives of the EDI. 

(5) An identification and assessment of required infrastructure investments to achieve the objectives of the EDI, including 

potential infrastructure investments by host nations and new 

construction or modernization of existing sites that would be 

funded by the United States. 

(6) An assessment of security cooperation investments 

required to achieve the objectives of the EDI. 


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(7) An analysis of the challenges to the ability of the 

United States to deploy significant forces from the continental 

United States to the European theater in the event of a major 

contingency, and a description of the plans of the Department 

of Defense, including military exercises, to address such challenges. 

(8) A plan to fully resource United States force posture 

and capabilities, including— 

(A) details regarding the strategy to balance the force 

structure of the United States forces to source additional 

permanently stationed United States forces in Europe as 

a part of any planned growth in end strength and force 

posture; 

(B) the infrastructure capacity of existing locations 

and their ability to accommodate additional permanently 

stationed United States forces in Europe; 

(C) the potential new locations for additional permanently stationed United States forces in Europe, including 

an assessment of infrastructure and military construction 

resources necessary to accommodate additional United 

States forces in Europe; 

(D) a detailed timeline to achieve desired permanent 

posture requirements; 

(E) a reevaluation of sites identified for divestiture 

but not yet divested under the European Infrastructure 

Consolidation initiative, accounting for updated military 

requirements; and 

(F) any changes and associated costs incurred with 

retaining each site identified for divestiture but not yet 

divested under the European Infrastructure Consolidation 

initiative, including possible leasing agreements, 

sustainment, and maintenance. 

(c) FORM.—The plan required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex. 

(d) LIMITATIONS.— (1) GENERAL LIMITATION.—The Secretary of Defense may 

not take any action to divest any site identified for divestiture 

but not yet divested under the European Infrastructure Consolidation initiative until the Secretary submits to the congressional defense committees the plan required under subsection 

(a). 

(2) SITE-SPECIFIC LIMITATION.—In the case of a proposed 

divestiture of a site under the European Infrastructure Consolidation initiative, the Secretary of Defense may not take any 

action to divest the site unless prior to taking such action, 

the Secretary certifies to the congressional defense committees 

that no military requirement for future use of the site is foreseeable. 

SEC. 1274. EXTENSION OF AUTHORITY TO ENTER INTO AGREEMENTS 

WITH PARTICIPATING COUNTRIES IN THE AMERICAN, 

BRITISH, CANADIAN, AND AUSTRALIAN ARMIES’ PROGRAM. 

Section 1274(g) of the National Defense Authorization Act for 

Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2026; 10 U.S.C. 

2350a note) is amended by striking ‘‘five years’’ and inserting ‘‘ten 

years’’. 


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SEC. 1275. UNITED STATES MILITARY AND DIPLOMATIC STRATEGY FOR 

YEMEN. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a military 

and diplomatic strategy for Yemen. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following elements: 

(1) An explanation of the military and diplomatic strategy 

for Yemen, including a description of the ends, ways, and 

means inherent to the strategy. 

(2) An explanation of the legal authorities supporting the 

strategy. 

(3) A detailed description of the political and security 

environment in Yemen. 

(4) A detailed description of the threats posed by Al Qaeda 

in the Arabian Peninsula and the Islamic State of Iraq and 

Syria–Yemen Province, including the intent, capabilities, strategic aims, and resources attributable to each organization. 

(5) A detailed description of the threats posed to freedom 

of navigation through the Bab al Mandab Strait and waters 

in proximity to Yemen as well as any United States efforts 

to mitigate those threats. 

(6) A detailed description of the threats posed to the United 

States and its allies and partners by the proliferation of 

advanced conventional weapons in Yemen. 

(7) A detailed description of the threats posed to United 

States interests by state actors in Yemen. 

(8) A discussion of United States objectives regarding longterm stability and counterterrorism in Yemen. 

(9) A plan to integrate the United States diplomatic, 

development, military, and intelligence resources necessary to 

implement the strategy. 

(10) A detailed description of the roles of the United States 

Armed Forces in supporting the strategy. 

(11) Any other matters as the President considers appropriate. 

(c) FORM.—The report required by subsection (a) 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 Armed Services, the Committee on 

Foreign Relations, the Committee on Appropriations, and the 

Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Committee on Appropriations, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives. 

SEC. 1276. TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE 

WHEELED VEHICLES TO FOREIGN COUNTRIES. 

(a) REQUIREMENTS IN CONNECTION WITH TRANSFER.— 

(1) IN GENERAL.—Before an excess high mobility multipurpose wheeled vehicle (HMMWV) is transferred on a grant or 

sales basis to a foreign country for the purpose of operation 

by that country, the Secretary of Defense shall ensure that 


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the vehicle receives the same new, modernized powertrain and 

a modernized, armored or armor-capable crew compartment 

restored to like-new condition that the vehicle would receive 

were the vehicle to be modernized for operational used by 

the Armed Forces. 

(2) SAME NEW, MODERNIZED POWERTRAIN.—For purposes 

of paragraph (1), the term ‘‘same new, modernized 

powertrain’’— 

(A) means a fully-functioning new powertrain system; 

but 

(B) does not mean an individual part, component, subassembly, assembly, or subsystem integral to the functioning of the powertrain system such as a new engine 

or transmission. 

(3) PERFORMANCE OF WORK.—Any work performed pursuant to paragraph (1) shall be performed in the United States, 

and shall be covered by section 2460(b)(1) of title 10, United 

States Code. 

(b) WAIVER.— 

(1) IN GENERAL.—Subject to paragraph (2), the President 

may waive the requirements of subsection (a)(1) with respect 

to any particular transfer of high mobility multipurpose 

wheeled vehicles if the President determines in writing that 

the waiver is in the national interests of the United States. 

(2) NOTICE.—If the President makes a written determination under paragraph (1), the vehicles covered by the determination may not be transferred until 30 days after the Secretary 

of Defense provides notice of the transfer to the appropriate 

committees of Congress. Each notice on a transfer shall include 

the following: 

(A) The recipient of the vehicles to be transferred, 

the intended use of the vehicles, and a description of the 

national interests of the United States in connection with 

the transfer. 

(B) An explanation of why it is not in the national 

interests of the United States to make the transfer in 

accordance with the requirements of subsection (a)(1). 

(C) The impact of the transfer on the national technology and industrial base and, in articular, on any reduction of the opportunities of entities in the national technology and industrial base to sell new or used high mobility 

multipurpose wheeled vehicles to the countries to which 

the proposed transfer of vehicles is to take place. 

(c) EFFECTIVE DATE AND SUNSET.— 

(1) EFFECTIVE DATE.—Subsections (a) and (b) shall apply 

to any transfer of excess high mobility multipurpose wheeled 

vehicles that occurs on or after the date that is 90 days after 

the date of the enactment of this Act. 

(2) SUNSET.—The requirements in subsection (a) shall 

expire on the date that is three years after the date of the 

enactment of this Act. 

(d) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall submit to the appropriate committees of Congress 

a report on all proposed and completed transfers of excess 

defense articles that are high mobility multipurpose wheeled 

vehicles under the authority of section 516 of the Foreign 


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Assistance Act of 1961 (22 U.S.C. 2321j) during fiscal years 

2012 through 2016. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) An assessment of the timing, rigorousness, and 

procedures used in the determination of the President that 

each transfer described in paragraph (1) did not have an 

adverse impact on the national technology and industrial 

base and, in particular, that such transfer would not reduce 

the opportunities of entities in the national technology 

and industrial base to sell new or used equipment to the 

countries to which such articles were or were to be transferred in accordance with section 516(b)(1)(E) of the Foreign 

Assistance Act of 1961. 

(B) Any related matters the Comptroller General considers appropriate. 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

SEC. 1277. DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED 

STATES STUDENTS AGAINST FOREIGN AGENTS. 

(a) PROGRAM.—The Secretary of Defense shall develop and 

implement a program to prepare United States students studying 

abroad through Department of Defense National Security Education 

Programs to recognize and protect themselves against recruitment 

efforts by intelligence agents. 

(b) BRIEFING.—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 Senate and the House 

of Representatives a briefing on the program required under subsection (a). 

SEC. 1278. LIMITATION AND EXTENSION OF UNITED STATES-ISRAEL 

ANTI-TUNNEL COOPERATION AUTHORITY. 

(a) LIMITATION AND EXTENSION OF AUTHORITY.—Section 1279 

of the National Defense Authorization Act for Fiscal Year 2016 

(Public Law 114–92; 129 Stat. 1079; 22 U.S.C. 8606 note) is 

amended as follows: 

(1) LIMITATION WITH RESPECT TO RDT&E ACTIVITIES.—In 

subsection (b), by adding at the end the following new paragraph: 

‘‘(5) USE OF CERTAIN AMOUNTS FOR RDT&E ACTIVITIES IN

THE UNITED STATES.—Of the amount provided by the United 

States in support under paragraph (1), not less than 50 percent 

of such amount shall be used for research, development, test, 

and evaluation activities in the United States in connection 

with such support.’’. 

(2) EXTENSION OF AUTHORITY.—In subsection (f), by striking 

‘‘December 31, 2018’’ and inserting ‘‘December 31, 2020’’. 

(b) REPEAL OF SUPERSEDED LIMITATION.—Section 1295 of the 

National Defense Authorization Act for Fiscal Year 2017 (Public 

50 USC 1914. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1701 

Law 114–328; 130 Stat. 2562) is amended by striking subsection 

(c). 

SEC. 1279. ANTICORRUPTION STRATEGY. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of State, the Secretary 

of Defense, and the Administrator of the United States Agency 

for International Development shall jointly develop a strategy to 

prevent corruption in any reconstruction efforts associated with 

United States contingency operations and submit such strategy 

to the appropriate congressional committees. 

(b) BENCHMARKS.—The strategy described in subsection (a) 

shall include measurable benchmarks to be met as a condition 

for disbursement of funds for reconstruction efforts. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

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. 1279A. STRATEGY TO IMPROVE DEFENSE INSTITUTIONS AND 

SECURITY SECTOR FORCES IN NIGERIA. 

(a) IN GENERAL.—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 a comprehensive strategy to support improvements in defense institutions and 

security sector forces in Nigeria. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following: 

(1) An assessment of the threats posed by terrorist and 

other militant groups operating in Nigeria, including Boko 

Haram, the Islamic State in Iraq and Syria – West Africa 

(ISIS-WA), and Niger Delta militants, as well as a description 

of the origins, strategic aims, tactical methods, funding sources, 

and leadership structures of each such organization. 

(2) An assessment of efforts by the Government of Nigeria 

to improve civilian protection, accountability for human rights 

violations, and transparency in the defense institutions and 

security sector forces. 

(3) A description of the key international and United States 

diplomatic, development, intelligence, military, and economic 

resources available to address instability across Nigeria, and 

a plan to maximize the coordination and effectiveness of these 

resources to counter the threats posed by Boko Haram, ISISWA, and Niger Delta militants. 

(4) An assessment of efforts undertaken by the security 

forces of the Government of Nigeria to improve the protection 

of civilians. 

(5) An assessment of the effectiveness of the Civilian Joint 

Task Force that has been operating in parts of northeastern 

Nigeria, as well as any lessons learned from such operations 

and a plan to work with the Government of Nigeria to address 

allegations of participation of child soldiers in the Civilian 

Joint Task Force. 


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(6) A plan for the United States to work with the Nigerian 

security forces and judiciary to transparently investigate allegations of human rights violations committed by the security 

forces of the Government of Nigeria that have involved civilian 

casualties. 

(7) A plan for the United States to work with the Nigerian 

defense institutions and security sector forces to improve 

detainee conditions. 

(8) Any other matters the President considers appropriate. 

(c) FORM.—The report required under subsection (a) 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 Armed Services, the Committee on 

Foreign Relations, the Committee on Appropriations, and the 

Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Committee on Appropriations, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives. 

SEC. 1279B. 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 

2018 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. 1279C. CULTURAL HERITAGE PROTECTION COORDINATOR. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall designate an employee 

of the Department of Defense to serve concurrently as the Coordinator for Cultural Heritage Protection, who shall be responsible 

for— 

(1) coordinating the existing obligations of the Department 

of Defense for the protection of cultural heritage, including 

the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and other obligations 

for the protection of cultural heritage; and 

(2) coordinating with the Cultural Heritage Coordinating 

Committee convened by the Secretary of State for the national 

security interests of the United States, as appropriate. 

SEC. 1279D. SECURITY ASSISTANCE FOR BALTIC NATIONS FOR JOINT 

PROGRAM FOR INTEROPERABILITY AND DETERRENCE 

AGAINST AGGRESSION. 

(a) IN GENERAL.—The Secretary of Defense may, with the 

concurrence of the Secretary of State, conduct or support a single 

22 USC 2753 

note. 

10 USC 113 note. 


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joint program of the Baltic nations to improve their interoperability 

and build their capacity to deter and resist aggression by the 

Russian Federation. 

(b) JOINT PROGRAM.—For purposes of subsection (a), a joint 

program of the Baltic nations may be either of the following: 

(1) A program jointly agreed by the Baltic nations to procure defense articles and services described in subsection (c) 

using assistance provided pursuant to subsection (a). 

(2) An agreement for the joint procurement by the Baltic 

nations of defense articles and services described in subsection 

(c) using assistance provided pursuant to subsection (a). 

(c) DEFENSE ARTICLES AND SERVICES.—For purposes of subsection (b), the defense articles and services described in this subsection include the following: 

(1) Real time or near-real time actionable intelligence, 

including by lease of such capabilities from United States 

commercial entities. 

(2) Unmanned aerial tactical surveillance systems. 

(3) Lethal assistance, such as anti-armor weapon systems, 

mortars, crew-served weapons and ammunition, grenade 

launchers and ammunition, and small arms and ammunition. 

(4) Air defense radars and anti-aircraft weapons. 

(5) Other defense articles or services agreed to by the 

Baltic nations and considered appropriate by the Secretary 

of Defense, with the concurrence of the Secretary of State. 

(d) PARTICIPATION OF OTHER COUNTRIES.—Any country other 

than a Baltic nation may participate in the joint program described 

in subsection (a), but only using funds of such country. 

(e) NOTICE AND WAIT ON ACTIVITIES.—Not later than 60 days 

before initiating activities under the joint program under subsection 

(a), the Secretary of Defense shall submit to the appropriate committees of Congress a written and electronic notice of the following: 

(1) The countries that will participate in the joint program. 

(2) A detailed assessment of how the joint program will 

improve the interoperability of the Baltic nations and build 

their capacity to deter and resist aggression by the Russian 

Federation. 

(3) A description of the elements of the United States 

European Command theater security cooperation plan, and of 

the interagency integrated country strategy in each Baltic 

nation, that will be advanced by the joint program. 

(4) A detailed evaluation of the capacity of the Baltic 

nations to absorb the defense articles and services to be procured under the joint program. 

(5) The cost and delivery schedule of the joint program. 

(6) A description of the arrangements, if any, for the 

sustainment of the defense articles and services to be procured 

under the joint program, and the estimated cost and source 

of funds to support sustainment of the capabilities and performance outcomes achieved under the joint program beyond its 

completion date, if applicable. 

(f) FUNDING.— 

(1) IN GENERAL.—Amounts for assistance provided pursuant to subsection (a) shall be derived from amounts authorized 

to be appropriated for the Department of Defense for operation 

and maintenance, Defense-wide. 


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(2) LIMITATION.—The total amount of assistance provided 

pursuant to subsection (a) may not exceed $100,000,000. 

(g) TERMINATION.—Assistance may not be provided pursuant 

to subsection (a) after December 31, 2020. 

(h) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

(2) The term ‘‘Baltic nations’’ means the following: 

(A) Estonia. 

(B) Latvia. 

(C) Lithuania. 

SEC. 1279E. RESTRICTION ON FUNDING FOR THE PREPARATORY 

COMMISSION FOR THE COMPREHENSIVE NUCLEARTEST-BAN TREATY ORGANIZATION. 

(a) STATEMENT OF POLICY.—Congress declares that United 

Nations Security Council Resolution 2310 (September 23, 2016) 

does not obligate the United States nor does it impose an obligation 

on the United States to refrain from actions that would run counter 

to the object and purpose of the Comprehensive Nuclear-Test-Ban 

Treaty. 

(b) RESTRICTION ON FUNDING.— 

(1) IN GENERAL.—No United States funds may be made 

available to the Preparatory Commission for the Comprehensive 

Nuclear-Test-Ban Treaty Organization. 

(2) EXCEPTION.—The restriction under paragraph (1) shall 

not apply with respect to the availability of— 

(A) United States funds for the Comprehensive 

Nuclear-Test-Ban Treaty Organization’s International Monitoring System; or 

(B) United States funds used solely for analysis and 

dissemination of data collected under the International 

Monitoring System. 

SEC. 1279F. CLARIFICATION OF AUTHORITY TO SUPPORT BORDER 

SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES. 

Paragraph (3) of section 1226(b) of the National Defense 

Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 

Stat. 1056), as added by section 1294(b)(2) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2562), is amended by striking ‘‘for such fiscal year’’ both 

places it appears. 

TITLE XIII—COOPERATIVE THREAT 

REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction funds. 

Sec. 1302. Funding allocations. 

22 USC 2151 

note. 

22 USC 287 note. 


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SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

FUNDS. 

(a) FISCAL YEAR 2018 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—In this title, the term ‘‘fiscal year 2018 Cooperative 

Threat Reduction funds’’ means the funds appropriated pursuant 

to the authorization of appropriations in section 301 and made 

available by the funding table in section 4301 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). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 and made available by the funding table in section 4301 for the Department 

of Defense Cooperative Threat Reduction Program shall be available 

for obligation for fiscal years 2018, 2019, and 2020. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) IN GENERAL.—Of the $324,600,000 authorized to be appropriated to the Department of Defense for fiscal year 2018 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: 

(1) For strategic offensive arms elimination, $12,100,000. 

(2) For chemical weapons destruction, $5,000,000. 

(3) For global nuclear security, $17,900,000. 

(4) For cooperative biological engagement, $172,800,000. 

(5) For proliferation prevention, $89,800,000. 

(6) For activities designated as Other Assessments/ 

Administrative Costs, $27,000,000. 

(b) MODIFICATION TO CERTAIN REQUIREMENTS.—The Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 

et seq.) is amended as follows: 

(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended 

by striking ‘‘45 days’’ and inserting ‘‘15 days’’. 

(2) Section 1324 (50 U.S.C. 3714) is amended— 

(A) in subsection (a)(1)(C), by striking ‘‘45 days’’ and 

inserting ‘‘15 days’’; and 

(B) in subsection (b)(3), by striking ‘‘45 days’’ and 

inserting ‘‘15 days’’. 

(3) Section 1335(a) (50 U.S.C. 3735(a)) is amended by 

striking ‘‘or expended’’. 

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. 

Sec. 1406. National Defense Sealift Fund. 

Subtitle B—Other Matters 

Sec. 1411. 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. 


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Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1413. Armed Forces Retirement Home matters. 

Sec. 1414. Authority to dispose of certain materials from and to acquire additional 

materials for the National Defense Stockpile. 

Sec. 1415. Acquisition reporting on major chemical demilitarization programs of the 

Department of Defense. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for 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 

fiscal year 2018 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 2018 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 2018 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 

2018 for the Defense Health Program, as specified in the funding 

table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for 

the health of eligible beneficiaries. 

SEC. 1406. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the National Defense Sealift Fund, as specified in the 

funding table in section 4501. 


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Subtitle B—Other Matters 

SEC. 1411. 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, $115,500,000 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. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2018 from the Armed Forces Retirement Home Trust Fund the 

sum of $64,300,000 for the operation of the Armed Forces Retirement Home. 

SEC. 1413. ARMED FORCES RETIREMENT HOME MATTERS. 

(a) TERMINATION OF OVERSIGHT RESPONSIBILITIES OF UNDER

SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS.— 

(1) SENIOR MEDICAL ADVISOR.—Section 1513A of the Armed 

Forces Retirement Home Act of 1991 (24 U.S.C. 413a) is 

amended— 

(A) in subsection (b), by striking ‘‘the Under Secretary 

of Defense for Personnel and Readiness,’’ in the matter 

preceding paragraph (1); and 

(B) in subsection (c)(4), by striking ‘‘the Under Secretary of Defense for Personnel and Readiness’’ and 

inserting ‘‘the Secretary of Defense’’. 

(2) OMBUDSMEN.—Section 1517(e)(2) of such Act (24 U.S.C. 

417(e)(2)) is amended by striking ‘‘the Under Secretary of 

Defense for Personnel and Readiness’’ and inserting ‘‘the Secretary of Defense’’. 

(3) INSPECTIONS.—Section 1518 of such Act (24 U.S.C. 418) 

is amended— 

(A) in subsection (c)(1), by striking ‘‘the Under Secretary of Defense for Personnel and Readiness,’’; and 


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(B) in subsection (e)(1), by striking ‘‘the Under Secretary of Defense for Personnel and Readiness’’ and 

inserting ‘‘the Secretary of Defense’’. 

(b) ADVISORY COUNCIL.—Section 1516 of such Act (24 U.S.C. 

416) is amended— 

(1) in subsection (c)(1), by striking ‘‘15 members,’’ and 

all that follows and inserting ‘‘15 members.’’; and 

(2) in subsection (f)(1), by striking ‘‘shall’’ and inserting 

‘‘may’’. 

(c) ADMINISTRATORS.—Section 1517(b) of such Act (24 U.S.C. 

417(b)) is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

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

‘‘(4) serve at the pleasure of the Secretary of Defense.’’. 

SEC. 1414. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM 

AND TO ACQUIRE ADDITIONAL MATERIALS FOR THE 

NATIONAL DEFENSE STOCKPILE. 

(a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), 

the National Defense Stockpile Manager may dispose of not more 

than 25 short tons of materials transferred from another department or agency of the United States to the National Defense Stockpile under section 4(b) of such Act (50 U.S.C. 98c(b)) that the 

National Defense Stockpile Manager determines is no longer 

required from the stockpile. 

(b) ACQUISITION AUTHORITY.— 

(1) AUTHORITY.—Using funds available in the National 

Defense Stockpile Transaction Fund, the National Defense 

Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet 

the defense, industrial, and essential civilian needs of the 

United States: 

(A) Electrolytic manganese metal. 

(B) Antimony. 

(2) AMOUNT OF AUTHORITY.—The National Defense Stockpile Manager may use up to $9,000,000 in the National Defense 

Stockpile Transaction Fund for acquisition of the materials 

specified in paragraph (1). 

(3) FISCAL YEAR LIMITATION.—The authority under paragraph (1) is available for purchases during fiscal year 2018 

through fiscal year 2027. 

SEC. 1415. ACQUISITION REPORTING ON MAJOR CHEMICAL DEMILITARIZATION PROGRAMS OF THE DEPARTMENT OF 

DEFENSE. 

(a) REPORTING ON MAJOR PROGRAMS.—Acquisition reporting 

on each major program within the chemical demilitarization programs of the Department of Defense, including construction in 

connection with such program, shall— 

(1) comply with reporting guidelines for an Acquisition 

Category 1 (ACAT 1) system; and 

(2) be reported separately from acquisition reporting on 

the other major program within the chemical demilitarization 

programs of the Department of Defense. 

50 USC 1521 

note. 

50 USC 98d note. 


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(b) MAJOR PROGRAM WITHIN THE CHEMICAL DEMILITARIZATION

PROGRAMS OF THE DEPARTMENT OF DEFENSE DEFINED.—In this 

section, the term ‘‘major program within the chemical demilitarization programs of the Department of Defense’’ means each program 

as follows: 

(1) Pueblo Chemical Agent Destruction Pilot Plant program, 

Colorado. 

(2) Blue Grass Chemical Agent Destruction Pilot Plant 

program, Kentucky. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Appropriations 

Sec. 1501. Purpose and treatment of certain authorizations of appropriations. 

Sec. 1502. Overseas contingency operations. 

Sec. 1503. Procurement. 

Sec. 1504. Research, development, test, and evaluation. 

Sec. 1505. Operation and maintenance. 

Sec. 1506. Military personnel. 

Sec. 1507. Working capital funds. 

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1509. Defense Inspector General. 

Sec. 1510. Defense Health program. 

Subtitle B—Financial Matters 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Special transfer authority. 

Subtitle C—Limitations, Reports, and Other Matters 

Sec. 1521. Afghanistan Security Forces Fund. 

Sec. 1522. Joint Improvised-Threat Defeat Fund. 

Sec. 1523. Comptroller General report on feasibility of separation of expenditures. 

Sec. 1524. Guidelines for budget items to be covered by overseas contingency operations accounts. 

Subtitle A—Authorization of 

Appropriations 

SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS 

OF APPROPRIATIONS. 

The purpose of this subtitle is to authorize appropriations for 

the Department of Defense for fiscal year 2018 to provide additional 

funds for overseas contingency operations being carried out by 

the Armed Forces. 

SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 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. 

SEC. 1503. PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 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. 


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SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4202. 

SEC. 1505. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4302. 

SEC. 1506. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for military personnel, as specified in the funding 

table in section 4402. 

SEC. 1507. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2018 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4502. 

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2018 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. 1509. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2018 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. 1510. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2018 for expenses, not otherwise 

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 


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available to the Department of Defense in this title for fiscal 

year 2018 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 $2,500,000,000. 

(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. 

Subtitle C—Limitations, Reports, and 

Other Matters 

SEC. 1521. 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 2018 shall be subject to the conditions contained in subsections 

(b) through (g) of section 1513 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), 

as amended by section 1531(b) of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 

Stat. 4424). 

(b) EQUIPMENT DISPOSITION.— 

(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that 

is procured using amounts in the Afghanistan Security Forces 

Fund authorized under this Act and is intended for transfer 

to the security forces of Afghanistan, but is not accepted by 

such security forces. 

(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 the 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 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 Secretary of Defense acceptance of the equipment. 

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 


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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 of Defense 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 the report and treated as 

stocks of the Department of Defense and copies of the 

determinations made under paragraph (2), as required by 

paragraph (3). 

(c) SECURITY OF AFGHAN WOMEN.— 

(1) IN GENERAL.—Of the funds available to the Department 

of Defense for the Afghanistan Security Forces Fund for fiscal 

year 2018, it is the goal that $41,000,000, but in no event 

less than $10,000,000, shall be used for— 

(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 Afghan Ministry 

of Defense Directorate of Human Rights and Gender 

Integration and the Afghan Ministry of Interior Office of 

Human Rights, Gender and Child Rights; 

(C) development and dissemination of gender and 

human rights educational and training materials and programs within the Afghan Ministry of Defense and the 

Afghan Ministry of Interior; 

(D) efforts to address harassment and violence against 

women within the Afghan National Defense and Security 

Forces; 


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(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 army officers. 

(d) ASSESSMENT OF AFGHANISTAN PROGRESS ON SECURITY

OBJECTIVES.— (1) ASSESSMENT REQUIRED.—Not later than June 1, 2018, 

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 the progress of the Government of the Islamic 

Republic of Afghanistan toward meeting shared security objectives. In conducting such assessment, the Secretary of Defense 

shall consider each of the following: 

(A) The extent to which the Government of Afghanistan 

has taken steps toward increased accountability and 

reducing corruption within the Ministries of Defense and 

Interior. 

(B) The extent to which the capability and capacity 

of the Afghan National Defense and Security Forces have 

improved as a result of Afghanistan Security Forces Fund 

investment, including through training. 

(C) 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) Whether or not the Government of Afghanistan 

is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed 

to security forces charged with fighting the Taliban and 

other terrorist organizations. 

(E) Such other factors as the Secretaries consider 

appropriate. 

(2) 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, 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. 

(e) INSPECTOR GENERAL OVERSIGHT OF FUND.— 5 USC app. 8G 

note. 


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(1) QUALITY STANDARDS FOR IG PRODUCTS.—Except as provided in paragraph (3), each product published or issued by 

an Inspector General relating to the oversight of programs 

and activities funded under the Afghanistan Security Forces 

Fund shall be prepared— 

(A) in accordance with the Generally Accepted Government Auditing Standards/Government Auditing Standards 

(GAGAS/GAS), as issued and updated by the Government 

Accountability Office; or 

(B) if not prepared in accordance with the standards 

referred to in subparagraph (A), in accordance with the 

Quality Standards for Inspection and Evaluation issued 

by the Council of the Inspectors General on Integrity and 

Efficiency (commonly referred to as the ‘‘CIGIE Blue 

Book’’). 

(2) SPECIFICATION OF QUALITY STANDARDS FOLLOWED.— 

Each product published or issued by an Inspector General 

relating to the oversight of programs and activities funded 

under the Afghanistan Security Forces Fund shall cite within 

such product the quality standards followed in conducting and 

reporting the work concerned. 

(3) WAIVER.—The Lead Inspector General for Operation 

Freedom’s Sentinel may waive the applicability of paragraph 

(1) to a specific product relating to the oversight by an Inspector 

General of activities and programs funded under the Afghanistan Security Forces Fund if the Lead Inspector General determines that the waiver would facilitate timely efforts to promote 

efficiency and effectiveness and prevent, detect, and deter fraud, 

waste, and abuse. Any product published or issued pursuant 

to a waiver under this paragraph shall include a statement 

that work for such product was not conducted in accordance 

with the standards referred to in paragraph (1) and an explanation why such standards were not employed. 

SEC. 1522. JOINT IMPROVISED-THREAT DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—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 the 

funds made available for fiscal year 2018 to the Department of 

Defense for the Joint Improvised-Threat Defeat Fund. 

(b) INTERDICTION OF IMPROVISED EXPLOSIVE DEVICE PRECURSOR

CHEMICALS.— 

(1) AVAILABILITY OF FUNDS.—Of the funds made available 

to the Department of Defense for the Joint Improvised-Threat 

Defeat Fund for fiscal year 2018, $15,000,000 may be 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 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 


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Government, the Secretary of Defense may transfer funds 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 pursuant to 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, 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 notice that 

contains— 

(A) 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 using such funds; 

(C) a detailed description of the amount of funds proposed to be obligated or expended to supply such training, 

equipment, supplies or services, including any funds proposed to be obligated or expended to support the participation of another department or agency of the United States 

and a description of the training, equipment, supplies, or 

services proposed to be supplied; 

(D) an evaluation of the effectiveness of the efforts 

of the foreign country identified under subparagraph (A) 

to counter the flow of improvised explosive device precursor 

chemicals; and 

(E) an overall plan for countering the flow of precursor 

chemicals in the foreign country identified under subparagraph (A). 

(4) EXPIRATION.—The authority provided by this subsection 

expires on December 31, 2018. 

SEC. 1523. COMPTROLLER GENERAL REPORT ON FEASIBILITY OF 

SEPARATION OF EXPENDITURES. 

(a) IN GENERAL.—Not later than one year 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 assessing the 

feasibility of separating expenditures of amounts appropriated for 

overseas contingency operations from expenditures of all other 

amounts appropriated for the Department of Defense. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include each of the following: 

(1) A review of the processes the Department of Defense 

currently employs to separate expenditures of amounts appropriated for overseas contingency operations from expenditures 

of all other amounts appropriated for the Department of 

Defense. 

(2) A review of the processes the Department of the 

Treasury currently employs to separate expenditures of 

amounts appropriated for overseas contingency operations from 

expenditures of all other amounts appropriated for the Department of Defense. 


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(3) A comparison between each of the processes described 

in paragraphs (1) and (2) and generally accepted accounting 

principles. 

(4) A description of the costs and requirements associated 

with implementing proposed alternatives to the processes 

described in paragraphs (1) and (2) for more effectively separating expenditures of amounts appropriated for overseas 

contingency operations from expenditures of all other amounts 

appropriated for the Department of Defense. 

(5) Any related information the Comptroller General considers appropriate. 

SEC. 1524. GUIDELINES FOR BUDGET ITEMS TO BE COVERED BY OVERSEAS CONTINGENCY OPERATIONS ACCOUNTS. 

Not later than 270 days after the date of the enactment of 

this Act, the Secretary of Defense, in consultation with the Director 

of Management and Budget, shall update the guidelines regarding 

the budget items that may be covered by overseas contingency 

operations accounts. 

TITLE XVI—STRATEGIC PROGRAMS, 

CYBER, AND INTELLIGENCE MATTERS 

Subtitle A—Space Activities 

Sec. 1601. Space acquisition and management and oversight. 

Sec. 1602. Codification, extension, and modification of limitation on construction on 

United States territory of satellite positioning ground monitoring stations of foreign governments. Sec. 1603. Foreign commercial satellite services: cybersecurity threats and 

launches. 

Sec. 1604. Extension of pilot program on commercial weather data. 

Sec. 1605. Evolved Expendable Launch Vehicle modernization and sustainment of 

assured access to space. Sec. 1606. Demonstration of backup and complementary positioning, navigation, 

and timing capabilities of Global Positioning System. Sec. 1607. Enhancement of positioning, navigation, and timing capacity. 

Sec. 1608. Commercial satellite communications pathfinder program. 

Sec. 1609. Launch support and infrastructure modernization. 

Sec. 1610. Limitation on availability of funding for Joint Space Operations Center 

mission system. Sec. 1611. Limitation on use of funds for Delta IV launch vehicle. 

Sec. 1612. Air Force space contractor responsibility watch list. 

Sec. 1613. Certification and briefing on operational and contingency plans for loss 

or degradation of space capabilities. Sec. 1614. Report on protected satellite communications. 

Sec. 1615. Sense of Congress on establishment of Space Flag training event. 

Sec. 1616. Sense of Congress on coordinating efforts to prepare for space weather 

events. 

Sec. 1617. Sense of Congress on National Space Defense Center. 

Subtitle B—Defense Intelligence and Intelligence-Related Activities 

Sec. 1621. Security clearances for facilities of certain companies. 

Sec. 1622. Extension of authority to engage in certain commercial activities. 

Sec. 1623. Submission of audits of commercial activity funds. 

Sec. 1624. Clarification of annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands. 

Sec. 1625. Consideration of service by recipients of Boren scholarships and fellowships in excepted service positions as service by such recipients under 

career appointments for purposes of career tenure. 

Sec. 1626. Review of support provided by Defense intelligence elements to acquisition activities of the Department. 

Sec. 1627. Establishment of Chairman’s controlled activity within Joint Staff for intelligence, surveillance, and reconnaissance. 

Sec. 1628. Requirements relating to multi-use sensitive compartmented information 

facilities. 


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Sec. 1629. Limitation on availability of funds for certain counterintelligence activities. 

Subtitle C—Cyberspace-Related Matters 

PART I—GENERAL CYBER MATTERS

Sec. 1631. Notification requirements for sensitive military cyber operations and 

cyber weapons. Sec. 1632. Modification to quarterly cyber operations briefings. 

Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and cyber warfare. 

Sec. 1634. Prohibition on use of products and services developed or provided by 

Kaspersky Lab. Sec. 1635. Modification of authorities relating to establishment of unified combatant command for cyber operations. Sec. 1636. Modification of definition of acquisition workforce to include personnel 

contributing to cybersecurity systems. Sec. 1637. Integration of strategic information operations and cyber-enabled information operations. Sec. 1638. Exercise on assessing cybersecurity support to election systems of 

States. 

Sec. 1639. Measurement of compliance with cybersecurity requirements for industrial control systems. Sec. 1640. Strategic Cybersecurity Program. 

Sec. 1641. Plan to increase cyber and information operations, deterrence, and defense. 

Sec. 1642. Evaluation of agile or iterative development of cyber tools and applications. 

Sec. 1643. Assessment of defense critical electric infrastructure. 

Sec. 1644. Cyber posture review. 

Sec. 1645. Briefing on cyber capability and readiness shortfalls. 

Sec. 1646. Briefing on cyber applications of blockchain technology. 

Sec. 1647. Briefing on training infrastructure for cyber mission forces. 

Sec. 1648. Report on termination of dual-hat arrangement for Commander of the 

United States Cyber Command. 

PART II—CYBERSECURITY EDUCATION

Sec. 1649. Cyber Scholarship Program. 

Sec. 1649A. Community college cyber pilot program and assessment. 

Sec. 1649B. Federal Cyber Scholarship-for-Service program updates. 

Sec. 1649C. Cybersecurity teaching. 

Subtitle D—Nuclear Forces 

Sec. 1651. Annual assessment of cyber resiliency of nuclear command and control 

system. 

Sec. 1652. Collection, storage, and sharing of data relating to nuclear security enterprise. 

Sec. 1653. Notifications regarding dual-capable F–35A aircraft. 

Sec. 1654. Oversight of delayed acquisition programs by Council on Oversight of 

the National Leadership Command, Control, and Communications System. 

Sec. 1655. Establishment of Nuclear Command and Control Intelligence Fusion 

Center. 

Sec. 1656. Security of nuclear command, control, and communications system from 

commercial dependencies. 

Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of the National Leadership Command, Control, and Communications System. 

Sec. 1658. Security classification guide for programs relating to nuclear command, 

control, and communications and nuclear deterrence. 

Sec. 1659. Evaluation and enhanced security of supply chain for nuclear command, 

control, and communications and continuity of government programs. 

Sec. 1660. Procurement authority for certain parts of intercontinental ballistic missile fuzes. 

Sec. 1661. Presidential National Voice Conferencing System and Phoenix Air-toGround Communications Network. 

Sec. 1662. Limitation on pursuit of certain command and control concept. 

Sec. 1663. Prohibition on availability of funds for mobile variant of ground-based 

strategic deterrent missile. 

Sec. 1664. Prohibition on reduction of the intercontinental ballistic missiles of the 

United States. 

Sec. 1665. Modification to annual report on plan for the nuclear weapons stockpile, 

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


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Sec. 1666. Establishment of procedures for implementation of Nuclear Enterprise 

Review. 

Sec. 1667. Report on impacts of nuclear proliferation. 

Sec. 1668. Certification that the Nuclear Posture Review addresses deterrent effect 

and operation of United States nuclear forces in current and future security environments. 

Sec. 1669. Plan to manage Integrated Tactical Warning and Attack Assessment 

System and multi-domain sensors. 

Sec. 1670. Certification requirement with respect to strategic radiation hardened 

trusted microelectronics. 

Sec. 1671. Nuclear Posture Review. 

Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of 

United Kingdom. 

Subtitle E—Missile Defense Programs 

Sec. 1676. Administration of missile defense and defeat programs. 

Sec. 1677. Condition for proceeding beyond low-rate initial production. 

Sec. 1678. Preservation of the ballistic missile defense capacity of the Army. 

Sec. 1679. Modernization of Army lower tier air and missile defense sensor. 

Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack. 

Sec. 1681. Designation of location of continental United States interceptor site. 

Sec. 1682. Aegis Ashore anti-air warfare capability. 

Sec. 1683. Development of persistent space-based sensor architecture. 

Sec. 1684. Iron Dome short-range rocket defense system and Israeli Cooperative 

Missile Defense Program co-development and co-production. 

Sec. 1685. Boost phase ballistic missile defense. 

Sec. 1686. Ground-based interceptor capability, capacity, and reliability. 

Sec. 1687. Limitation on availability of funds for ground-based midcourse defense 

element of the ballistic missile defense system. 

Sec. 1688. Plan for development of space-based ballistic missile intercept layer. 

Sec. 1689. Sense of Congress on the state of the missile defense of the United 

States. 

Sec. 1690. Sense of Congress and report on ground-based midcourse defense testing. 

Subtitle F—Other Matters 

Sec. 1691. Commission to Assess the Threat to the United States From Electromagnetic Pulse Attacks and Similar Events. 

Sec. 1692. Protection of certain facilities and assets from unmanned aircraft. 

Sec. 1693. Conventional prompt global strike weapons system. 

Sec. 1694. Business case analysis regarding ammonium perchlorate. 

Sec. 1695. Report on industrial base for large solid rocket motors and related technologies. 

Sec. 1696. Pilot program on enhancing information sharing for security of supply 

chain. 

Sec. 1697. Pilot program on electromagnetic spectrum mapping. 

Sec. 1698. Use of commercial items in Distributed Common Ground Systems. 

Subtitle A—Space Activities 

SEC. 1601. SPACE ACQUISITION AND MANAGEMENT AND OVERSIGHT. 

(a) AIR FORCE SPACE COMMAND.— (1) IN GENERAL.—Chapter 135 of title 10, United States 

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

section: 

‘‘§ 2279c. Air Force Space Command 

‘‘(a) COMMANDER.—(1) The head of the Air Force Space Command shall be the Commander of the Air Force Space Command, 

who shall be appointed in accordance with section 601 of this 

title. The officer serving as Commander, while so serving, has 

the grade of general without vacating the permanent grade of 

the officer. 

‘‘(2) The Commander shall be appointed to serve a term of 

six years. The Secretary may propose to promote the individual 

serving as the Commander during that term of appointment. 

10 USC 2279c. 


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‘‘(3) The incumbent Commander may serve as the first Commander after the date of the enactment of this Act. 

‘‘(b) AUTHORITIES.—In addition to the authorities and responsibilities assigned to the Commander before the date of the enactment of this section, the Commander has the sole authority with 

respect to each of the following: 

‘‘(1) Organizing, training, and equipping personnel and 

operations of the space forces of the Air Force. 

‘‘(2) Subject to the direction of the Secretary of the Air 

Force, serving as the service acquisition executive under section 

1704 of this title for defense space acquisitions. 

‘‘(3) In consultation with the Chief Information Officer of 

the Department of Defense, procurement of commercial satellite 

communications services for the Department of Defense for 

such services entered into on or after the date that is one 

year after the date of the enactment of this section.’’. 

(2) CLERICAL AMENDMENT.—The table of sections for such 

chapter is amended by inserting after the item relating to 

section 2279b the following new item: 

‘‘2279c. Air Force Space Command.’’. 

(3) RULE OF CONSTRUCTION.—Nothing in subsection (b)(1) 

of section 2279c of title 10, United States Code, as added 

by paragraph (1), may be construed to prohibit or otherwise 

affect the authority of the Secretary of the Air Force to provide 

to the space forces of the Air Force the services of the Department of the Air Force relating to basic personnel functions, 

the United States Air Force Academy, recruitment, and basic 

training. 

(b) TERMINATION OF CERTAIN POSITIONS AND ENTITIES.— 

(1) IN GENERAL.—Effective 30 days after the date of the 

enactment of this Act— 

(A) the position, and the office of, the Principal Department of Defense Space Advisor (previously known as the 

Department of Defense Executive Agent for Space) shall 

be terminated; 

(B) the duties, responsibilities, and personnel of such 

office specified in subparagraph (A) shall be transferred 

to a single official selected by the Deputy Secretary of 

Defense, without delegation, except the Deputy Secretary 

may not select the Secretary of the Air Force nor the 

Under Secretary of Defense for Intelligence; 

(C) any reference in Federal law, regulations, guidance, 

instructions, or other documents of the Federal Government 

to the Principal Department of Defense Space Advisor or 

the Department of Defense Executive Agent for Space shall 

be deemed to be a reference to the official selected by 

the Deputy Secretary under subparagraph (B); 

(D) the position, and the office of, the Deputy Chief 

of Staff of the Air Force for Space Operations shall be 

terminated; and 

(E) the Defense Space Council shall be terminated. 

(2) PRINCIPAL ADVISOR ON SPACE CONTROL.— 

(A) REPEAL.—Section 2279a of title 10, United States 

Code, is repealed. 

10 USC 2271 

note. 

10 USC 2279c 

note. 

10 USC 2271 

prec. 


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(B) CLERICAL AMENDMENT.—The table of sections for 

chapter 135 of such title is amended by striking the item 

relating to section 2279a. 

(b) REDESIGNATION OF OPERATIONALLY RESPONSIVE SPACE PRO- GRAM OFFICE AS SPACE RAPID CAPABILITIES OFFICE; REPORTING

TO AIR FORCE SPACE COMMAND.— (1) IN GENERAL.—Section 2273a of title 10, United States 

Code, is amended— 

(A) in the section heading, by striking ‘‘Operationally 

Responsive Space Program’’ and inserting ‘‘Space 

Rapid Capabilities’’; 

(B) in subsection (a)— 

(i) by striking ‘‘Air Force Space and Missile Systems Center of the Department of Defense’’ and 

inserting ‘‘Air Force Space Command’’; and 

(ii) by striking ‘‘Operationally Responsive Space 

Program’’ and inserting ‘‘Space Rapid Capabilities’’; 

(C) in subsection (b), by striking ‘‘Air Force Space 

and Missile Systems Center’’ and inserting ‘‘Air Force Space 

Command’’; 

(D) in subsections (c) and (f), by striking ‘‘operationally 

responsive space’’ each place it appears and inserting ‘‘space 

rapid capabilities’’; 

(E) in subsection (d)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘operationally responsive space’’ and inserting 

‘‘space rapid capabilities’’; 

(ii) in paragraph (1), by striking ‘‘capabilities for 

operationally responsive space’’ and inserting ‘‘space 

rapid capabilities’’; 

(iii) in paragraphs (2) and (3), by striking ‘‘operationally responsive space’’ each place it appears and 

inserting ‘‘space rapid capabilities’’; and 

(iv) in paragraph (4), by striking ‘‘operationally 

responsive space capabilities’’ and inserting ‘‘space 

rapid capabilities’’. 

(F) in subsection (g)(1), by striking ‘‘Operationally 

Responsive Space’’ and inserting ‘‘Space Rapid Capabilities’’. 

(2) CLERICAL AMENDMENT.—The table of sections for 

chapter 135 of such title is amended by striking the item 

relating to section 2273a and inserting the following new item: 

‘‘2273a. Space Rapid Capabilities Office.’’. 

(c) REVIEW OF STRUCTURE.— 

(1) REVIEW.—The Deputy Secretary of Defense shall conduct a review and identify a recommended organizational and 

management structure for the national security space components of the Department of Defense, including the Air Force 

Space Command, that implements the organizational policy 

guidance expressed in this section and the amendments made 

by this section. 

(2) INTERIM REPORT.—Not later than March 1, 2018, the 

Deputy Secretary of Defense shall submit to the congressional 

defense committees an interim report on the review and recommended organizational and management structure for the 

national security space components of the Department of 

10 USC 2271 

prec. 

10 USC 2271 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1721 

Defense, including the Air Force Space Command, under paragraph (1). 

(3) FINAL REPORT.—Not later than August 1, 2018, the 

Deputy Secretary of Defense shall submit to the congressional 

defense committees a final report on the review and recommended organizational and management structure for the 

national security space components of the Department of 

Defense, including the Air Force Space Command, under paragraph (1), including— 

(A) a proposed implementation plan for how the Deputy 

Secretary would implement the recommendations; 

(B) recommendations for revisions to appointments and 

qualifications, duties and powers, and precedent in the 

Department; 

(C) recommendations for such legislative and administrative action, including conforming and other amendments 

to law, as the Deputy Secretary considers appropriate to 

implement the plan; and 

(D) any other matters that the Deputy Secretary considers appropriate. 

(4) PROHIBITION ON DELEGATION.—The Deputy Secretary 

of Defense may not delegate the authority to carry out this 

subsection. 

(d) INDEPENDENT PLAN TO ESTABLISH MILITARY DEPARTMENT.— 

(1) PLAN.—Not later than 45 days after the date of the 

enactment of this Act, the Deputy Secretary of Defense shall 

seek to enter into a contract with a federally funded research 

and development center that is not closely affiliated with the 

Department of the Air Force to develop a plan to establish 

a separate military department responsible for the national 

security space activities of the Department of Defense. Such 

plan shall include recommendations for legislative language. 

(2) INTERIM REPORT.—Not later than August 1, 2018, the 

Deputy Secretary shall submit to the congressional defense 

committees an interim report on the plan developed under 

paragraph (1). 

(3) FINAL REPORT.—Not later than December 31, 2018, 

the Deputy Secretary shall submit to the congressional defense 

committees a final report containing the plan developed under 

paragraph (1), without change. 

SEC. 1602. CODIFICATION, EXTENSION, AND MODIFICATION OF LIMITATION ON CONSTRUCTION ON UNITED STATES TERRITORY 

OF SATELLITE POSITIONING GROUND MONITORING STATIONS OF FOREIGN GOVERNMENTS. 

(a) CODIFICATION, EXTENSION, AND MODIFICATION.—Chapter 

135 of title 10, United States Code, is amended by adding at 

the end the following new section: 

‘‘§ 2279c. Limitation on construction on United States territory of satellite positioning ground monitoring 

stations of certain foreign governments. 

‘‘(b) EXCEPTION.—The limitation in subsection (a) shall not 

apply to foreign governments that are allies of the United States. 

‘‘(c) SUNSET.—The limitation in subsection (a) shall terminate 

on December 31, 2023.’’. 

10 USC 2279c. 


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131 STAT. 1722 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) TRANSFER OF PROVISION.—Subsection (b) of section 1602 

of the National Defense Authorization Act for Fiscal Year 2014 

(Public Law 113–66; 10 U.S.C. 2281 note) is— 

(1) transferred to section 2279c of title 10, United States 

Code, as added by subsection (a); 

(2) inserted as the first subsection of such section; 

(3) redesignated as subsection (a); and 

(4) amended— 

(A) by amending the subsection heading to read as 

follows: ‘‘LIMITATION’’; and 

(B) by striking paragraph (6). 

SEC. 1603. FOREIGN COMMERCIAL SATELLITE SERVICES: CYBERSECURITY THREATS AND LAUNCHES. 

(a) CYBERSECURITY RISKS.—Subsection (a) of section 2279 of 

title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘; or’’ and inserting a 

semicolon; 

(2) in paragraph (2), by striking the period at the end 

and inserting: ‘‘; or’’; and 

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

‘‘(3) entering into such contract would create an unacceptable cybersecurity risk for the Department of Defense.’’. 

(b) LAUNCHES.—Such section is amended— 

(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and 

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

‘‘(b) LAUNCHES AND MANUFACTURERS.— 

‘‘(1) LIMITATION.—In addition to the prohibition in subsection (a), and except as provided in paragraph (2) and in 

subsection (c), the Secretary may not enter into a contract 

for satellite services with any entity if the Secretary reasonably 

believes that such satellite services will be provided using satellites that will be— 

‘‘(A) designed or manufactured in a covered foreign 

country, or by an entity controlled in whole or in part 

by, or acting on behalf of, the government of a covered 

foreign country; or 

‘‘(B) launched using a launch vehicle that is designed 

or manufactured in a covered foreign country, or that is 

provided by the government of a covered foreign country 

or by an entity controlled in whole or in part by, or acting 

on behalf of, the government of a covered foreign country, 

regardless of the location of the launch (unless such location 

is in the United States). 

‘‘(2) EXCEPTION.—The limitation in paragraph (1) shall not 

apply with respect to— 

‘‘(A) a launch that occurs prior to December 31, 2022; 

or 

‘‘(B) a contract or other agreement relating to launch 

services that, prior to the date that is 180 days after 

the date of the enactment of this subsection, was either 

fully paid for by the contractor or covered by a legally 

binding commitment of the contractor to pay for such services. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1723 

‘‘(3) LAUNCH VEHICLE DEFINED.—In this subsection, the 

term ‘launch vehicle’ means a fully integrated space launch 

vehicle.’’. 

(c) DEFINITIONS.—Subsection (f) of section 2279 of title 10, 

United States Code, as redesignated by subsection (b)(1)(A), is 

amended to read as follows: 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered foreign country’ means any of the 

following: 

‘‘(A) A country described in section 1261(c)(2) of the 

National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 126 Stat. 2019). 

‘‘(B) The Russian Federation. 

‘‘(2) The term ‘cybersecurity risk’ means threats to and 

vulnerabilities of information or information systems and any 

related consequences caused by or resulting from unauthorized 

access, use, disclosure, degradation, disruption, modification, 

or destruction of such information or information systems, 

including such related consequences caused by an act of terrorism.’’. 

(d) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) CONFORMING AMENDMENTS.—Such section 2279 is further amended— 

(A) in the section heading, by striking ‘‘services’’ and 

inserting ‘‘services and foreign launches’’; 

(B) by striking ‘‘subsection (b)’’ each place it appears 

and inserting ‘‘subsection (c)’’; 

(C) in subsection (a)(2), by striking ‘‘launch or other’’; 

(D) in subsection (c), as redesignated by subsection 

(b)(1), by striking ‘‘prohibition in subsection (a)’’ and 

inserting ‘‘prohibitions in subsection (a) and (b)’’; and 

(E) in subsection (d), as so redesignated, by striking 

‘‘prohibition under subsection (a)’’ and inserting ‘‘prohibition under subsection (a) or (b)’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 135 of title 10, United States Code, is 

amended by striking the item relating to section 2279 and 

inserting the following: 

‘‘2279. Foreign commercial satellite services and foreign launches.’’. 

(e) APPLICATION.—Except as otherwise specifically provided, the 

amendments made by this section shall apply with respect to contracts for satellite services awarded by the Secretary of Defense 

on or after the date of the enactment of this Act. 

SEC. 1604. EXTENSION OF PILOT PROGRAM ON COMMERCIAL 

WEATHER DATA. 

Section 1613 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328) is amended— 

(1) in subsection (b), by striking ‘‘one year’’ and inserting 

‘‘two years’’; 

(2) in subsection (c)— 

(A) by striking ‘‘Committees on Armed Services of the 

House of Representatives and the Senate’’ each place it 

appears and inserting ‘‘appropriate congressional committees’’; and 

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

10 USC 2279 

note. 

10 USC 2271 

prec. 


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131 STAT. 1724 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘appropriate congressional committees’ means— 

‘‘(A) the Committees on Armed Services of the Senate 

and the House of Representatives; and 

‘‘(B) the Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of 

the House of Representatives.’’. 

SEC. 1605. EVOLVED EXPENDABLE LAUNCH VEHICLE MODERNIZATION 

AND SUSTAINMENT OF ASSURED ACCESS TO SPACE. 

(a) DEVELOPMENT.— (1) EVOLVED EXPENDABLE LAUNCH VEHICLE.—Using funds 

described in paragraph (3), the Secretary of Defense may only 

obligate or expend funds to carry out the evolved expendable 

launch vehicle program to— 

(A) develop a domestic rocket propulsion system to 

replace non-allied space launch engines; 

(B) develop the necessary interfaces to, or integration 

of, such domestic rocket propulsion system with an existing 

or planned launch vehicle; and 

(C) develop capabilities necessary to enable existing 

or planned commercially available space launch vehicles 

or infrastructure that are primarily for national security 

space missions to meet the assured access to space requirements pursuant to section 2273 of title 10, United States 

Code. 

(2) PROHIBITION.—Except as provided in this section, none 

of the funds described in paragraph (3) shall be obligated or 

expended for the evolved expendable launch vehicle program. 

(3) FUNDS DESCRIBED.—The funds described in this paragraph are the funds authorized to be appropriated by this 

Act or otherwise made available for fiscal year 2018 for 

research, development, test, and evaluation, Air Force, for the 

evolved expendable launch vehicle program. 

(4) TERMINATION.—The authority to carry out subparagraphs (A) and (B) of paragraph (1) shall terminate on the 

date on which the Secretary of the Air Force certifies to the 

congressional defense committees that a successful full-scale 

test of a domestic rocket engine has occurred. 

(b) OTHER AUTHORITIES.—Nothing in this section shall affect 

or prohibit the Secretary from procuring launch services of evolved 

expendable launch vehicle launch systems, including with respect 

to any associated operation and maintenance of capabilities and 

infrastructure relating to such systems. 

(c) NOTIFICATION.—Not later than 30 days before any date 

on which the Secretary publishes a draft or final request for proposals, or obligates funds, for the development under subsection 

(a)(1), the Secretary shall notify the congressional defense committees of such proposed draft or final request for proposals or proposed 

obligation, as the case may be. If such proposed draft or final 

request for proposals or proposed obligation relates to intelligence 

requirements, the Secretary shall also notify the Permanent Select 

Committee on Intelligence of the House of Representatives and 

the Select Committee on Intelligence of the Senate. 

(d) ASSESSMENT.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary, in coordination with the 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1725 

Director of Cost Assessment and Program Evaluation, shall 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 

an assessment of the most cost-effective method to meet the assured 

access to space requirements pursuant to section 2273 of title 10, 

United States Code, with respect to each of the following periods: 

(1) The five-year period beginning on the date of the report. 

(2) The 10-year period beginning on the date of the report. 

(3) The period consisting of the full lifecycle of the evolved 

expendable launch vehicle program. 

(e) ROCKET PROPULSION SYSTEM DEFINED.—In this section, the 

term ‘‘rocket propulsion system’’ means, with respect to the development authorized by subsection (a)(1), a main booster, first-stage 

rocket engine (including such an engine using kerosene or methanebased or other propellant) or motor. The term does not include 

a launch vehicle, an upper stage, a strap-on motor, or related 

infrastructure. 

SEC. 1606. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING, NAVIGATION, AND TIMING CAPABILITIES OF 

GLOBAL POSITIONING SYSTEM. 

(a) PLAN.—During fiscal year 2018, the Secretary of Defense, 

the Secretary of Transportation, and the Secretary of Homeland 

Security (referred to in this section as the ‘‘Secretaries’’) shall 

jointly develop a plan for carrying out a backup GPS capability 

demonstration. The plan shall— 

(1) be based on the results of the study conducted under 

section 1618 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2595); and 

(2) include the activities that the Secretaries determine 

necessary to carry out such demonstration. 

(b) BRIEFING.—Not later than 120 days after the date of the 

enactment of this Act, the Secretaries shall provide to the appropriate congressional committees a briefing on the plan developed 

under subsection (a). The briefing shall include— 

(1) identification of the sectors that would be expected 

to participate in the backup GPS capability demonstration 

described in the plan; 

(2) an estimate of the costs of implementing the demonstration in each sector identified in paragraph (1); and 

(3) an explanation of the extent to which the demonstration 

may be carried out with the funds appropriated for such purpose. 

(c) IMPLEMENTATION.— 

(1) IN GENERAL.—Subject to the availability of appropriations and beginning not earlier than the day after the date 

on which the briefing is provided under subsection (b), the 

Secretaries shall jointly initiate the backup GPS capability 

demonstration to the extent described under subsection (b)(3). 

(2) TERMINATION.—The authority to carry out the backup 

GPS capability demonstration under paragraph (1) shall terminate on the date that is 18 months after the date of the 

enactment of this Act. 


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131 STAT. 1726 PUBLIC LAW 115–91—DEC. 12, 2017 

(d) REPORT.—Not later than 18 months after the date of the 

enactment of this Act, the Secretaries shall submit to the appropriate congressional committees a report on the backup GPS capability demonstration carried out under subsection (c) that includes— 

(1) a description of the opportunities and challenges learned 

from such demonstration; and 

(2) a description of the next actions the Secretaries determine appropriate to backup and complement the positioning, 

navigation, and timing capabilities of the Global Positioning 

System for national security and critical infrastructure, 

including, at a minimum, the timeline and funding required 

to issue a request for proposals for such capabilities. 

(e) NSPD–39.— 

(1) JOINT FUNDING.—The costs to carry out this section 

shall be consistent with the responsibilities established in 

National Security Presidential Directive 39 titled ‘‘U.S. SpaceBased Positioning, Navigation, and Timing Policy’’. 

(2) CONSTRUCTION.—Nothing in this section may be construed to modify the roles or responsibilities established in 

such National Security Presidential Directive 39. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section for fiscal year 2018 

not more than $10,000,000 for the Department of Defense, as specified in the funding tables in division D. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Science, Space, and Technology, 

the Committee on Transportation and Infrastructure, and 

the Committee on Homeland Security of the House of Representatives; and 

(C) the Committee on Commerce, Science, and 

Transportation and the Committee on Homeland Security 

and Governmental Affairs of the Senate. 

(2) The term ‘‘backup GPS capability demonstration’’ means 

a proof-of-concept demonstration of capabilities to backup and 

complement the positioning, navigation, and timing capabilities 

of the Global Positioning System for national security and 

critical infrastructure. 

SEC. 1607. ENHANCEMENT OF POSITIONING, NAVIGATION, AND TIMING 

CAPACITY. 

(a) PLAN.—The Secretary of Defense, acting through the Council 

on Oversight of the Department of Defense Positioning, Navigation, 

and Timing Enterprise established by section 2279b of title 10, 

United States Code, shall develop a plan to increase the positioning, 

navigation, and timing capacity of the Department of Defense to 

provide resilience to the positioning, navigation, and timing 

capabilities of the Department. Such plan shall— 

(1) ensure that military Global Positioning System user 

equipment terminals have the capability, including with appropriate mitigation efforts, 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; 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1727 

(2) evaluate the risks and benefits with respect to ensuring 

the capability described in paragraph (1); 

(3) include an assessment of the feasibility, benefits, and 

risks of 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; 

(4) include an assessment of options to use hosted payloads 

to provide redundancy for the Global Positioning System signal; 

(5) ensure that the Secretary, with the concurrence of the 

Secretary of State, engages with relevant allies of the United 

States to— 

(A) enable military Global Positioning System user 

equipment terminals to receive the positioning, navigation, 

and timing signals of such allies; and 

(B) negotiate other potential agreements relating to 

the enhancement of positioning, navigation, and timing; 

(6) include any other options the Secretary of Defense 

determines appropriate and a determination by the Secretary 

regarding whether the plan should be implemented; and 

(7) include an evaluation by the Director of National Intelligence of the benefits and risks of using non-allied positioning, 

navigation, and timing signals. 

(b) SUBMISSION.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary shall— 

(1) submit to the congressional defense committees, the 

Committee on Foreign Affairs of the House of Representatives, 

and the Committee on Foreign Relations of the Senate the 

plan under subsection (a); and 

(2) submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate the evaluation described 

in paragraph (6) of such subsection. 

SEC. 1608. COMMERCIAL SATELLITE COMMUNICATIONS PATHFINDER 

PROGRAM. 

(a) REPORT.—Not later than March 1, 2018, the Secretary of 

the Air Force shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report that 

includes the views and plans of the Secretary with respect to 

using the transaction authority provided by section 2371 of title 

10, United States Code, to acquire from commercial providers a 

portion of the satellite bandwidth, ground services, and advanced 

services for the pathfinder program. 

(b) DEFINITION.—In this section, the term ‘‘pathfinder program’’ 

means the commercial satellite communications programs of the 

Air Force designed to demonstrate the feasibility of new, alternative 

acquisition and procurement models for commercial satellite 

communications. 

SEC. 1609. LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION. 

(a) IN GENERAL.—In support of the policy specified in section 

2273 of title 10, United States Code, the Secretary of Defense 

shall carry out a program to modernize infrastructure and improve 

support activities for the processing and launch of United States 

national security space vehicles launching from Federal ranges. 

10 USC 2273 

note. 


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131 STAT. 1728 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) ELEMENTS.—The program under subsection (a) shall 

include— 

(1) investments in infrastructure to improve operations 

at the Eastern and Western Ranges that may benefit all users, 

to enhance the overall capabilities of ranges, to improve safety, 

and to reduce the long-term cost of operations and maintenance; 

(2) measures to normalize processes, systems, and products 

across the Eastern and Western ranges to minimize the burden 

on launch providers; and 

(3) improvements in transparency, flexibility, and, responsiveness for launch scheduling. 

(c) CONSULTATION.—In carrying out the program under subsection (a), the Secretary may consult with current and anticipated 

users of the Eastern and Western Ranges. 

(d) COOPERATION.—In carrying out the program under subsection (a), the Secretary may consider partnerships authorized 

under section 2276 of title 10, United States Code. 

(e) REPORT.— 

(1) REPORT REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees a report on the plan 

for the implementation of the program under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall 

include— 

(A) a description of plans and the resources needed 

to improve launch support infrastructure, utilities, support 

equipment, and range operations; 

(B) a description of plans to streamline and normalize 

processes, systems, and products at the Eastern and 

Western ranges, to ensure consistency for range users; 

and 

(C) recommendations for improving transparency, flexibility, and responsiveness in launch scheduling. 

SEC. 1610. LIMITATION ON AVAILABILITY OF FUNDING FOR JOINT 

SPACE OPERATIONS CENTER MISSION SYSTEM. 

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

by this Act or otherwise made available for fiscal year 2018 for 

the Joint Space Operations Center mission system, not more than 

75 percent may be obligated or expended until the date on which 

the Secretary of the Air Force certifies to the congressional defense 

committees that the Secretary has developed the plan under subsection (b). 

(b) PLAN.—The Secretary shall develop and implement a plan 

to operationalize existing commercial space situational awareness 

capabilities to address warfighter requirements, consistent with 

the best-in-breed concept. Except as provided by subsection (c), 

the Secretary shall commence such implementation by not later 

than May 30, 2018. 

(c) WAIVER.—The Secretary may waive the implementation of 

the plan developed under subsection (b) if the Secretary determines 

that existing commercial capabilities will not address national security requirements or existing space situational awareness capability 

gaps. The authority under this subsection may not be delegated 

below the Deputy Secretary of Defense. 

10 USC 2274 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1729 

SEC. 1611. LIMITATION ON USE OF FUNDS FOR DELTA IV LAUNCH 

VEHICLE. 

None of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2018 or any fiscal 

year thereafter for the Air Force may be obligated or expended 

to maintain infrastructure, system engineering, critical skills, base 

and range support, depreciation, or sustainment commodities for 

the Delta IV launch vehicle until the date on which the Secretary 

of the Air Force submits to the congressional defense committees 

a certification that the Air Force plans to launch a satellite procured 

by the Air Force on a Delta IV launch vehicle during the threeyear period beginning on the date of the certification. 

SEC. 1612. AIR FORCE SPACE CONTRACTOR RESPONSIBILITY WATCH 

LIST. 

(a) IN GENERAL.—The Commander of the Air Force Space and 

Missile Systems Center shall establish and maintain a watch list 

of contractors with a history of poor performance on space procurement contracts or research, development, test, and evaluation space 

program contracts. 

(b) BASIS FOR INCLUSION ON LIST.— 

(1) DETERMINATION.—The Commander may place a contractor on the watch list established under subsection (a) upon 

determining that the ability of the contractor to perform a 

contract specified in such subsection is uncertain because of 

any of the following issues: 

(A) Poor performance or award fee scores below 50 

percent. 

(B) Financial concerns. 

(C) Felony convictions or civil judgements. 

(D) Security or foreign ownership and control issues. 

(2) DISCRETION OF THE COMMANDER.—The Commander 

shall be responsible for determining which contractors to place 

on the watch list, whether an entire company or a specific 

division should be included, and when to remove a contractor 

from the list. 

(c) EFFECT OF LISTING.— 

(1) PRIME CONTRACTS.—The Commander may not solicit 

an offer from, award a contract to, execute an engineering 

change proposal with, or exercise an option on any space program of the Air Force with a contractor included on the list 

established under subsection (a) without the prior approval 

of the Commander. 

(2) SUBCONTRACTS.—A prime contractor on a contract 

entered into with the Air Force Space and Missile Systems 

Center may not enter into a subcontract valued in excess of 

$3,000,000 or five percent of the prime contract value, whichever is lesser, with a contractor included on the watch list 

established under subsection (a) without the prior approval 

of the Commander. 

(d) REQUEST FOR REMOVAL FROM LIST.—A contractor may 

submit to the Commander a written request for removal from 

the watch list, including evidence that the contractor has resolved 

the issue that was the basis for inclusion on the list. 

(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as preventing the suspension or debarment of a contractor, but inclusion on the watch list shall not be construed 

10 USC 2271 

note. 


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131 STAT. 1730 PUBLIC LAW 115–91—DEC. 12, 2017 

as a punitive measure or de facto suspension or debarment of 

a contractor. 

SEC. 1613. CERTIFICATION AND BRIEFING ON OPERATIONAL AND 

CONTINGENCY PLANS FOR LOSS OR DEGRADATION OF 

SPACE CAPABILITIES. 

(a) CERTIFICATION.—Not later than 120 days after the date 

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

Chairman of the Joint Chiefs of Staff shall jointly certify to the 

appropriate congressional committees that appropriate contingency 

plans exist in the event of a loss or degradation of space capabilities 

of the United States. 

(b) BRIEFING.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense and the Chairman 

of the Joint Chiefs of Staff shall jointly provide to the appropriate 

congressional committees a briefing on the mitigation of any loss 

or degradation of space capabilities pursuant to contingency plans 

described in subsection (a). 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The Committees on Armed Services of the House of 

Representatives and the Senate. 

(2) The Permanent Select Committee on Intelligence of 

the House of Representatives and the Select Committee on 

Intelligence of the Senate. 

SEC. 1614. REPORT ON PROTECTED SATELLITE COMMUNICATIONS. 

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 protected satellite communications 

that contains each of the following: 

(1) A joint certification by the Commander of the United 

States Strategic Command and the Commander of the United 

States Northern Command that a protected satellite communications system other than the advanced extremely high frequency program will meet all applicable requirements for the 

nuclear command, control, and communications mission of the 

Department of Defense, the continuity of government mission 

of the Department, and all other functions relating to protected 

communications of the national command authority and the 

combatant commands, including with respect to operational 

forces in a peer-near-peer jamming environment. 

(2) With respect to such a protected satellite communications system other than the advanced extremely high frequency 

program, a certification by the Chairman of the Joint Chiefs 

of Staff that there is a validated military requirement that 

meets requirements for resilience, mission assurance, and the 

nuclear command, control, and communications mission of the 

Department of Defense. 

(3) An assessment by the Chairman of the Joint Chiefs 

of Staff on the effect of developing and fielding all the waveforms and terminals required to use such a protected satellite 

communications system other than the advanced extremely 

high frequency program. 

(4) A detailed plan by the Secretary of the Air Force for 

the ground control system and all user terminals developed 

and acquired by the Air Force to be synchronized through 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1731 

development and deployment to meet all applicable requirements specified in paragraph (1). 

SEC. 1615. SENSE OF CONGRESS ON ESTABLISHMENT OF SPACE FLAG 

TRAINING EVENT. 

It is the sense of Congress that— 

(1) the Secretary of Defense should establish an annual 

capstone training event titled ‘‘Space Flag’’ for space professionals to— 

(A) develop and test doctrine, concepts of operation, 

and tactics, techniques, and procedures, for— 

(i) protecting and defending assets and interests 

of the United States through the spectrum of space 

control activities; 

(ii) operating in the event of degradation or loss 

of space capabilities; 

(iii) conducting space operations in a conflict that 

extends to space; 

(iv) deterring conflict in space; and 

(v) other areas the Secretary determines necessary; 

and 

(B) inform and develop the appropriate design of the 

operational training infrastructure of the space domain, 

including with respect to appropriate and dedicated ranges, 

threat replication, test community support, advanced space 

training requirements, training simulators, and multidomain force packaging; and 

(2) such a training event should— 

(A) be modeled on the Red Flag and Cyber Flag exercises; and 

(B) include live, virtual, and constructive training and 

on-orbit threat replication, as appropriate. 

SEC. 1616. SENSE OF CONGRESS ON COORDINATING EFFORTS TO PREPARE FOR SPACE WEATHER EVENTS. 

It is the sense of Congress that the Secretary of Defense should 

ensure the timely provision of operational space weather observations, analyses, forecasts, and other products to support the mission 

of the Department of Defense and coalition partners, including 

the provision of alerts and warnings for space weather phenomena 

that may affect weapons systems, military operations, or the defense 

of the United States. 

SEC. 1617. SENSE OF CONGRESS ON NATIONAL SPACE DEFENSE 

CENTER. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the National Space Defense Center is critical to 

defending and securing the space domain in order to protect 

all United States assets in space; 

(2) integration between the intelligence community and 

the Department of Defense within the National Space Defense 

Center is essential to detecting, assessing, and reacting to 

evolving space threats; and 

(3) the Department of Defense, including the military 

departments, and the elements of the intelligence community 

should seek ways to bolster integration with respect to space 

threats through work at the National Space Defense Center. 


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131 STAT. 1732 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) INTELLIGENCE COMMUNITY DEFINED.—In this section, 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 B—Defense Intelligence and 

Intelligence-Related Activities 

SEC. 1621. SECURITY CLEARANCES FOR FACILITIES OF CERTAIN 

COMPANIES. 

(a) IN GENERAL.—Chapter 141 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2410s. Security clearances for facilities of certain companies. 

‘‘(a) AUTHORITY.—If the senior management official of a covered 

company does not have a security clearance, the Secretary of 

Defense may grant a security clearance to a facility of such company 

only if the following criteria are met: 

‘‘(1) The company has appointed a senior officer, director, 

or employee of the company who has a security clearance at 

the level of the security clearance of the facility to act as 

the senior management official of the company with respect 

to such facility. 

‘‘(2) Any senior management official, senior officer, or 

director of the company who does not have such a security 

clearance will not have access to any classified information, 

including with respect to such facility. 

‘‘(3) The company has certified to the Secretary that the 

senior officer, director, or employee appointed under paragraph 

(1) has the authority to act on behalf of the company with 

respect to such facility independent of any senior management 

official, senior officer, or director described in paragraph (2). 

‘‘(4) The facility meets all of the requirements to be granted 

a security clearance other than any requirement relating to 

the senior management official of the company having an appropriate security clearance. 

‘‘(b) COVERED COMPANY.—In this section, the term ‘covered 

company’ means a company that has entered into a contract or 

agreement with the Department of Defense, assists the Department, 

or requires a facility to process classified information.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2410s. Security clearances for facilities of certain companies’’. 

SEC. 1622. EXTENSION OF AUTHORITY TO ENGAGE IN CERTAIN 

COMMERCIAL ACTIVITIES. 

Section 431(a) of title 10, United States Code, is amended 

by striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2023’’. 

SEC. 1623. SUBMISSION OF AUDITS OF COMMERCIAL ACTIVITY FUNDS. 

Section 432(b)(2) of title 10, United States Code, is amended— 

(1) by striking ‘‘promptly’’; and 

(2) by inserting before the period at the end the following: 

‘‘by not later than December 31 of each year’’. 

10 USC 2381 

prec. 

10 USC 2410s. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1733 

SEC. 1624. CLARIFICATION OF ANNUAL BRIEFING ON THE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE 

REQUIREMENTS OF THE COMBATANT COMMANDS. 

Section 1626 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (Public 

Law 113–291; 128 Stat. 3635) is amended— 

(1) by inserting ‘‘(including with respect to space-based 

intelligence, surveillance, and reconnaissance)’’ after ‘‘intelligence, surveillance, and reconnaissance requirements’’ both 

places it appears; and 

(2) in paragraph (2), by striking ‘‘critical intelligence, 

surveillance and reconnaissance requirements’’ and inserting 

‘‘critical intelligence, surveillance, and reconnaissance requirements (including with respect to space-based intelligence, 

surveillance, and reconnaissance)’’. 

SEC. 1625. CONSIDERATION OF SERVICE BY RECIPIENTS OF BOREN 

SCHOLARSHIPS AND FELLOWSHIPS IN EXCEPTED 

SERVICE POSITIONS AS SERVICE BY SUCH RECIPIENTS 

UNDER CAREER APPOINTMENTS FOR PURPOSES OF 

CAREER TENURE. 

Section 802(k) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902(k)) is amended— 

(1) by redesignating paragraph (3) as paragraph (4); 

(2) in paragraph (2), in the matter before subparagraph 

(A), by striking ‘‘(3)(C)’’ and inserting ‘‘(4)(C)’’; and 

(3) by inserting after paragraph (2) the following: 

‘‘(3) CAREER TENURE.—In the case of an individual whose 

appointment to a position in the excepted service is converted 

to a career or career-conditional appointment under paragraph 

(1)(B), the period of service described in such paragraph shall 

be treated, for purposes of the service requirements for career 

tenure under title 5, United States Code, as if it were service 

in a position under a career or career-conditional appointment.’’. 

SEC. 1626. REVIEW OF SUPPORT PROVIDED BY DEFENSE INTELLIGENCE ELEMENTS TO ACQUISITION ACTIVITIES OF THE 

DEPARTMENT. 

(a) REVIEW.—The Secretary of Defense shall review the support 

provided by Defense intelligence elements to the acquisition activities conducted by the Secretary, with a specific focus on such 

support— 

(1) consisting of planning, prioritizing, and resourcing 

relating to developmental weapon systems; and 

(2) for existing weapon systems throughout the program 

lifecycle of such systems. 

(b) BUDGET STRUCTURE.—The Secretary shall develop a specific 

budget structure for a sustainable funding profile to ensure the 

support provided by Defense intelligence elements described in subsection (a). The Secretary shall implement such structure beginning 

with the defense budget materials for fiscal year 2020. 

(c) BRIEFING.—Not later than May 1, 2018, the Secretary of 

Defense shall provide to the appropriate congressional committees 

a briefing on the results of the review under subsection (a) and 

a plan to carry out subsection (b). 

(d) CONSTRUCTION.—Nothing in this section may be construed 

to relieve the Director of National Intelligence of the responsibility 

10 USC 221 note. 


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131 STAT. 1734 PUBLIC LAW 115–91—DEC. 12, 2017 

to support the acquisition activities of the Department of Defense 

through the National Intelligence Program. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(2) The term ‘‘defense budget materials’’ has the meaning 

given that term in section 231(f) of title 10, United States 

Code. 

(3) The term ‘‘Defense intelligence element’’ means any 

of the agencies, offices, and elements of the Department of 

Defense included within the definition of ‘‘intelligence community’’ under section 3(4) of the National Security Act of 1947 

(50 U.S.C. 3003(4)). 

SEC. 1627. ESTABLISHMENT OF CHAIRMAN’S CONTROLLED ACTIVITY 

WITHIN JOINT STAFF FOR INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE. 

(a) CHAIRMAN’S CONTROLLED ACTIVITY.—The Chairman of the 

Joint Chiefs of Staff shall— 

(1) undertake the roles, missions, and responsibilities of, 

and preserve an equal or greater number of personnel billets 

than the amount of such billets previously prescribed for, the 

Joint Functional Component Command for Intelligence, Surveillance, and Reconnaissance of the United States Strategic Command; and 

(2) not later than 30 days after the date of the enactment 

of this Act, establish an organization within the Joint Staff— 

(A) that is designated as the Joint Staff Intelligence, 

Surveillance, and Reconnaissance Directorate and Supporting Chairman’s Controlled Activity; 

(B) for which the Chairman of the Joint Chiefs of 

Staff shall serve as the joint functional manager; and 

(C) that shall synchronize cross-combatant command 

intelligence, surveillance, and reconnaissance plans and 

develop strategies integrating all intelligence, surveillance, 

and reconnaissance capabilities provided by joint services, 

the National Reconnaissance Office, combat support intelligence agencies of the Department of Defense, and allies, 

to satisfy the intelligence needs of the combatant commands 

for the Department of Defense. 

(b) LEAD AGENT.—The Secretary of Defense shall designate 

the Secretary of the Air Force as the lead agent and sponsor 

for funding for the organization established under subsection (a)(2). 

(c) DATA COLLECTION AND ANALYSIS TO SUPPORT ISR ALLOCATION AND SYNCHRONIZATION PROCESSES.—In coordination with the 

Director of Cost Analysis and Program Evaluation, the Chairman 

of the Joint Chiefs of Staff shall issue guidance to the commanders 

of the geographical combatant commands that requires the commanders to collect sufficient and relevant data regarding the 

effectiveness of intelligence, surveillance, and reconnaissance measures in a manner that will— 

(1) enable the standardized, objective evaluation and analysis of that data with respect to the use and effectiveness 

10 USC 155 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1735 

of the intelligence, surveillance, and reconnaissance capabilities 

provided to the commanders; and 

(2) support recommendations made by the organization 

established under subsection (a)(2) to the Secretary of Defense 

regarding the allocation of intelligence, surveillance, and reconnaissance resources of the Department of Defense. 

SEC. 1628. REQUIREMENTS RELATING TO MULTI-USE SENSITIVE 

COMPARTMENTED INFORMATION FACILITIES. 

(a) IN GENERAL.—In order to facilitate access for small business 

concerns and nontraditional defense contractors to affordable secure 

spaces, the Secretary of Defense, in consultation with the Director 

of National Intelligence, shall develop processes and procedures 

necessary to build, certify, and maintain certifications for multiuse sensitive compartmented information facilities not tied to a 

single contract and where multiple companies can securely work 

on multiple projects at different security levels. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘small business concern’’ has the meaning 

given that term under section 3 of the Small Business Act 

(15 U.S.C. 632). 

(2) The term ‘‘nontraditional defense contractors’’ has the 

meaning given that term in section 2302 of title 10, United 

States Code. 

SEC. 1629. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

COUNTERINTELLIGENCE ACTIVITIES. 

(a) LIMITATION ON COUNTERINTELLIGENCE ACTIVITIES.—Of the 

funds authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2018 under the Military Intelligence Program for operation and maintenance, Defense-wide, for the Defense 

Intelligence Agency for counterintelligence activities, not more than 

75 percent may be obligated or expended until the date on which 

the Director of the Defense Intelligence Agency submits to the 

appropriate congressional committees the report under subsection 

(b). 

(b) REPORT ON CERTAIN RESOURCES.—Not later than March 

1, 2018, the Director of the Defense Intelligence Agency shall submit 

to the appropriate congressional committees a report that includes 

an accounting of the counterintelligence enterprise management 

resources transferred from the Counterintelligence Field Activity 

to the Defense Intelligence Agency that identifies such resources 

that are no longer dedicated to counterintelligence activities, as 

of the date of the report. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

10 USC 2302 

note. 


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131 STAT. 1736 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle C—Cyberspace-Related Matters 

PART I—GENERAL CYBER MATTERS 

SEC. 1631. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY 

CYBER OPERATIONS AND CYBER WEAPONS. 

(a) NOTIFICATION.—Chapter 3 of title 10, United States Code, 

is amended by adding at the end the following new sections: 

‘‘§ 130j. Notification requirements for sensitive military cyber 

operations 

‘‘(a) IN GENERAL.—Except as provided in subsection (d), the 

Secretary of Defense shall promptly submit to the congressional 

defense committees notice in writing of any sensitive military cyber 

operation conducted under this title no later than 48 hours following 

such operation. 

‘‘(b) PROCEDURES.—(1) The Secretary of Defense shall establish 

and submit to the congressional defense committees procedures 

for complying with the requirements of subsection (a) consistent 

with the national security of the United States and the protection 

of operational integrity. The Secretary shall promptly notify the 

congressional defense committees in writing of any changes to such 

procedures at least 14 days prior to the adoption of any such 

changes. 

‘‘(2) The congressional defense committees shall ensure that 

committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the 

United States are sufficient to protect the information that is submitted to the committees pursuant to this section. 

‘‘(3) In the event of an unauthorized disclosure of a sensitive 

military cyber operation covered by this section, the Secretary shall 

ensure, to the maximum extent practicable, that the congressional 

defense committees are notified immediately of the sensitive military cyber operation concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal 

notification a written notification shall be provided by not later 

than 48 hours after the provision of the verbal notification. 

‘‘(c) SENSITIVE MILITARY CYBER OPERATION DEFINED.—(1) In 

this section, the term ‘sensitive military cyber operation’ means 

an action described in paragraph (2) that— 

‘‘(A) is carried out by the armed forces of the United 

States; and 

‘‘(B) is intended to cause cyber effects outside a 

geographic location— 

‘‘(i) where the armed forces of the United States 

are involved in hostilities (as that term is used in 

section 1543 of title 50, United States Code); or 

‘‘(ii) with respect to which hostilities have been 

declared by the United States. 

‘‘(2) The actions described in this paragraph are the following: 

‘‘(A) An offensive cyber operation. 

‘‘(B) A defensive cyber operation outside the Department 

of Defense Information Networks to defeat an ongoing or 

imminent threat. 

‘‘(d) EXCEPTIONS.—The notification requirement under subsection (a) does not apply— 

10 USC 130j. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1737 

‘‘(1) to a training exercise conducted with the consent of 

all nations where the intended effects of the exercise will occur; 

or 

‘‘(2) to a covert action (as that term is defined in section 

3093 of title 50, United States Code). 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to provide any new authority 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 any requirement under the National Security 

Act of 1947 (50 U.S.C. 3001 et seq.). 

‘‘§ 130k. Notification requirements for cyber weapons 

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the 

Secretary of Defense shall promptly submit to the congressional 

defense committees notice in writing of the following: 

‘‘(1) With respect to a cyber capability that is intended 

for use as a weapon, on a quarterly basis, the aggregated 

results of all reviews of the capability for legality under international law pursuant to Department of Defense Directive 

5000.01 carried out by any military department concerned. 

‘‘(2) The use as a weapon of any cyber capability that 

has been approved for such use under international law by 

a military department no later than 48 hours following such 

use. 

‘‘(b) PROCEDURES.—(1) The Secretary of Defense shall establish 

and submit to the congressional defense committees procedures 

for complying with the requirements of subsection (a) consistent 

with the national security of the United States and the protection 

of operational integrity. The Secretary shall promptly notify the 

congressional defense committees in writing of any changes to such 

procedures at least 14 days prior to the adoption of any such 

changes. 

‘‘(2) The congressional defense committees shall ensure that 

committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the 

United States are sufficient to protect the information that is submitted to the committees pursuant to this section. 

‘‘(3) In the event of an unauthorized disclosure of a cyber 

capability covered by this section, the Secretary shall ensure, to 

the maximum extent practicable, that the congressional defense 

committees are notified immediately of the cyber capability concerned. The notification under this paragraph may be verbal or 

written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision 

of the verbal notification. 

‘‘(c) EXCEPTIONS.—The notification requirement under subsection (a) does not apply— 

‘‘(1) to a training exercise conducted with the consent of 

all nations where the intended effects of the exercise will occur; 

or 

‘‘(2) to a covert action (as that term is defined in section 

3093 of title 50, United States Code). 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to provide any new authority 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 

10 USC 130k. 


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131 STAT. 1738 PUBLIC LAW 115–91—DEC. 12, 2017 

U.S.C. 1541 note), or any requirement under the National Security 

Act of 1947 (50 U.S.C. 3001 et seq.).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new items: 

‘‘130j. Notification requirements for sensitive military cyber operations 

‘‘130k. Notification requirements for cyber weapons’’. 

SEC. 1632. MODIFICATION TO QUARTERLY CYBER OPERATIONS 

BRIEFINGS. 

(a) IN GENERAL.—Section 484 of title 10, United States Code, 

is amended— 

(1) by striking ‘‘The Secretary of Defense shall provide 

to the Committees on Armed Services of the House of Representatives and the Senate’’ and inserting the following: 

‘‘(a) BRIEFINGS REQUIRED.—The Secretary of Defense shall provide to the congressional defense committees’’; and 

(2) by adding at the end the following: 

‘‘(b) ELEMENTS.—Each briefing under subsection (a) shall 

include, with respect to the military operations in cyberspace 

described in such subsection, the following: 

‘‘(1) An update, set forth separately for each geographic 

and functional command, that describes the operations carried 

out by the command and any hostile cyber activity directed 

at the command. 

‘‘(2) An overview of authorities and legal issues applicable 

to the operations, including any relevant legal limitations. 

‘‘(3) An outline of any interagency activities and initiatives 

relating to the operations. 

‘‘(4) Any other matters the Secretary determines to be 

appropriate.’’. 

(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 briefings required be provided 

under section 484 of title 10, United States Code, on or after 

that date. 

SEC. 1633. POLICY OF THE UNITED STATES ON CYBERSPACE, CYBERSECURITY, AND CYBER WARFARE. 

(a) IN GENERAL.—The President shall— 

(1) develop a national policy for the United States relating 

to cyberspace, cybersecurity, and cyber warfare; and 

(2) submit to the appropriate congressional committees a 

report on the policy. 

(b) ELEMENTS.—The national policy required under subsection 

(a) shall include the following elements: 

(1) Delineation of the instruments of national power available to deter or respond to cyber attacks or other malicious 

cyber activities by a foreign power or actor that targets United 

States interests. 

(2) Available or planned 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. 

(3) Available or planned denial options that prioritize the 

defensibility and resiliency against cyber attacks and malicious 

10 USC 130g 

note. 

10 USC 484 note. 

10 USC 121 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1739 

cyber activities that are carried out against infrastructure critical to the political integrity, economic security, and national 

security of the United States. 

(4) Available or planned cyber capabilities that may be 

used to impose costs on any foreign power targeting the United 

States or United States persons with a cyber attack or malicious 

cyber activity. 

(5) Development of multi-prong response options, such as— 

(A) boosting the cyber resilience of critical United 

States strike systems (including cyber, nuclear, and nonnuclear systems) in order to ensure the United States 

can credibly threaten to impose unacceptable costs in 

response to even the most sophisticated large-scale cyber 

attack; 

(B) developing offensive cyber capabilities and specific 

plans and strategies to put at risk targets most valued 

by adversaries of the United States and their key decision 

makers; and 

(C) enhancing attribution capabilities and developing 

intelligence and offensive cyber capabilities to detect, disrupt, and potentially expose malicious cyber activities. 

(c) LIMITATION ON AVAILABILITY OF FUNDS.— 

(1) IN GENERAL.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2018 for procurement, research, development, test and evaluation, and operations and maintenance, for the covered activities 

of the Defense Information Systems Agency, not more than 

60 percent may be obligated or expended until the date on 

which the President submits to the appropriate congressional 

committees the report under subsection (a)(2). 

(2) COVERED ACTIVITIES DESCRIBED.—The covered activities 

referred to in paragraph (1) are the activities of the Defense 

Information Systems Agency in support of— 

(A) the White House Communication Agency; and 

(B) the White House Situation Support Staff. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘foreign power’’ has the meaning given that 

term in section 101 of the Foreign Intelligence Surveillance 

Act of 1978 (50 U.S.C. 1801). 

(2) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Foreign Affairs, the Committee 

on Homeland Security, and the Committee on the Judiciary 

of the House of Representatives; and 

(C) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, 

and the Committee on the Judiciary of the Senate. 

SEC. 1634. PROHIBITION ON USE OF PRODUCTS AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB. 

(a) PROHIBITION.—No department, agency, organization, or 

other element of the Federal Government may use, whether directly 

or through work with or on behalf of another department, agency, 

organization, or element of the Federal Government, any hardware, 

software, or services developed or provided, in whole or in part, 

by— 


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131 STAT. 1740 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) Kaspersky Lab (or any successor entity); 

(2) any entity that controls, is controlled by, or is under 

common control with Kaspersky Lab; or 

(3) any entity of which Kaspersky Lab has majority ownership. 

(b) EFFECTIVE DATE.—The prohibition in subsection (a) shall 

take effect on October 1, 2018. 

(c) REVIEW AND REPORT.— 

(1) REVIEW.—The Secretary of Defense, in consultation with 

the Secretary of Energy, the Secretary of Homeland Security, 

the Attorney General, the Administrator of the General Services 

Administration, and the Director of National Intelligence, shall 

conduct a review of the procedures for removing suspect products or services from the information technology networks of 

the Federal Government. 

(2) REPORT.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of the enactment of this Act, Secretary of Defense 

shall submit to the appropriate congressional committees 

a report on the review conducted under paragraph (1). 

(B) ELEMENTS.—The report under subparagraph (A) 

shall include the following: 

(i) A description of the Federal Government-wide 

authorities that may be used to prohibit, exclude, or 

prevent the use of suspect products or services on 

the information technology networks of the Federal 

Government, including— 

(I) the discretionary authorities of agencies 

to prohibit, exclude, or prevent the use of such 

products or services; 

(II) the authorities of a suspension and debarment official to prohibit, exclude, or prevent the 

use of such products or services; 

(III) authorities relating to supply chain risk 

management; 

(IV) authorities that provide for the continuous 

monitoring of information technology networks to 

identify suspect products or services; and 

(V) the authorities provided under the Federal 

Information Security Management Act of 2002. 

(ii) Assessment of any gaps in the authorities 

described in clause (i), including any gaps in the 

enforcement of decisions made under such authorities. 

(iii) An explanation of the capabilities and methodologies used to periodically assess and monitor the 

information technology networks of the Federal 

Government for prohibited products or services. 

(iv) An assessment of the ability of the Federal 

Government to periodically conduct training and exercises in the use of the authorities described in clause 

(i)— 

(I) to identify recommendations for streamlining process; and 

(II) to identify recommendations for education 

and training curricula, to be integrated into 

existing training or certification courses. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1741 

(v) A description of information sharing mechanisms that may be used to share information about 

suspect products or services, including mechanisms for 

the sharing of such information among the Federal 

Government, industry, the public, and international 

partners. 

(vi) Identification of existing tools for business 

intelligence, application management, and commerce 

due-diligence that are either in use by elements of 

the Federal Government, or that are available commercially. 

(vii) Recommendations for improving the authorities, processes, resourcing, and capabilities of the Federal Government for the purpose of improving the 

procedures for identifying and removing prohibited 

products or services from the information technology 

networks of the Federal Government. 

(viii) Any other matters the Secretary determines 

to be appropriate. 

(C) FORM.—The report under subparagraph (A) shall 

be submitted in unclassified form, but may include a classified annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this section, the term ‘‘appropriate congressional committees’’ 

means the following: 

(A) The Committee on Armed Services, the Committee 

on Energy and Commerce, the Committee on Homeland 

Security, the Committee on the Judiciary, the Committee 

on Oversight and Government Reform, and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

(B) The Committee on Armed Services, the Committee 

on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, the Committee 

on the Judiciary, and the Select Committee on Intelligence 

of the Senate. 

SEC. 1635. MODIFICATION OF AUTHORITIES RELATING TO ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR CYBER 

OPERATIONS. 

Section 167b of title 10, United States Code, is amended— 

(1) by striking subsection (d); and 

(2) by redesignating subsections (e) and (f) as subsections 

(d) and (e), respectively. 

SEC. 1636. MODIFICATION OF DEFINITION OF ACQUISITION 

WORKFORCE TO INCLUDE PERSONNEL CONTRIBUTING 

TO CYBERSECURITY SYSTEMS. 

Section 1705(h)(2)(A) of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘(i)’’ after ‘‘(A)’’; 

(2) by striking ‘‘; and’’ and inserting ‘‘; or’’; and 

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

‘‘(ii) contribute significantly to the acquisition or 

development of systems relating to cybersecurity; and’’. 


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131 STAT. 1742 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1637. INTEGRATION OF STRATEGIC INFORMATION OPERATIONS 

AND CYBER-ENABLED INFORMATION OPERATIONS. 

(a) PROCESSES AND PROCEDURES FOR INTEGRATION.— (1) IN GENERAL.—The Secretary of Defense shall— 

(A) establish processes and procedures to integrate 

strategic information operations and cyber-enabled 

information operations across the elements of the Department of Defense responsible for such operations, including 

the elements of the Department responsible for military 

deception, public affairs, electronic warfare, and cyber operations; and 

(B) 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. 

(2) DESIGNATED SENIOR OFFICIAL.—The Secretary of 

Defense shall designate a senior official of the Department 

of Defense (in this section referred to as the ‘‘designated senior 

official’’) who shall implement and oversee the processes and 

procedures established under paragraph (1). The designated 

senior official shall be selected by the Secretary from among 

individuals serving in the Department of Defense at or below 

the level of an Under Secretary of Defense. 

(3) RESPONSIBILITIES.—The designated senior official shall 

have, with respect to the implementation and oversight of the 

processes and procedures established under paragraph (1), the 

following responsibilities: 

(A) Oversight of strategic policy and guidance. 

(B) Overall resource management for the integration 

of information operations and cyber-enabled information 

operations of the Department. 

(C) Coordination with the head of the Global Engagement Center to support the purpose of the Center (as 

described section 1287(a)(2) of the National Defense 

Authorization Act for Fiscal Year 2017 (Public Law 114– 

328; 22 U.S.C. 2656 note)) and liaison with the Center 

and other relevant Federal Government entities to support 

such purpose. 

(D) Development of a strategic framework for the conduct of information operations by the Department of 

Defense, including cyber-enabled information operations, 

coordinated across all relevant elements of the Department 

of Defense, including both near-term and long-term guidance for the conduct of such coordinated operations. 

(E) Development and dissemination of a common operating paradigm across the elements of the Department 

of Defense specified in paragraph (1) to counter the influence, deception, and propaganda activities of key malign 

actors, including in cyberspace. 

(F) Development of guidance for, and promotion of, 

the capability of the Department of Defense to liaison with 

the private sector, including social media, on matters 

relating to the influence activities of malign actors. 

(b) REQUIREMENTS AND PLANS FOR INFORMATION OPERATIONS.— 

(1) COMBATANT COMMAND PLANNING AND REGIONAL

STRATEGY.—(A) The Secretary shall require each commander 

10 USC 2224 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1743 

of a combatant command to develop, in coordination with the 

relevant regional Assistant Secretary of State or Assistant Secretaries of State and with the assistance of the Coordinator 

of the Global Engagement Center and the designated senior 

official, a regional information strategy and interagency 

coordination plan for carrying out the strategy, where 

applicable. 

(B) The Secretary shall require each commander of 

a combatant command to develop such requirements and 

specific plans as may be necessary for the conduct of 

information operations in support of the strategy required 

under subparagraph (A), including plans for deterring 

information operations, including deterrence in the cyber 

domain, by malign actors against the United States, allies 

of the United States, and interests of the United States. 

(2) IMPLEMENTATION PLAN FOR DOD STRATEGY FOR OPERATIONS IN THE INFORMATION ENVIRONMENT.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of the enactment of this Act, the designated senior 

official shall— 

(i) review the strategy of the Department of 

Defense titled ‘‘Department of Defense Strategy for 

Operations in the Information Environment’’ and dated 

June 2016; and 

(ii) submit to the congressional defense committees 

a plan for implementation of such strategy. 

(B) ELEMENTS.—The plan required under subparagraph (A) shall include, at a minimum, the following: 

(i) An accounting of the efforts undertaken in support of the strategy described in subparagraph (A)(i) 

in the period since it was issued in June 2016. 

(ii) A description of any updates or changes to 

such strategy that have been made since it was first 

issued, as well as any expected updates or changes 

resulting from the designation of the designated senior 

official. 

(iii) A description of the role of the Department 

of Defense as part of a broader whole-of-Government 

strategy for strategic communications, including a 

description of any assumptions about the roles and 

contributions of other departments and agencies of the 

Federal Government with respect to such a strategy. 

(iv) Defined actions, performance metrics, and projected timelines for achieving each of the 15 tasks 

specified in the strategy described in subparagraph 

(A)(i). 

(v) An analysis of any personnel, resourcing, capability, authority, or other gaps that will need to be 

addressed to ensure effective implementation of the 

strategy described in subparagraph (A)(i) across all 

relevant elements of the Department of Defense. 

(vi) An investment framework and projected 

timeline for addressing any gaps identified under 

clause (v). 

(vii) Such other matters as the Secretary of 

Defense considers relevant. 


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131 STAT. 1744 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) PERIODIC STATUS REPORTS.—Not less frequently 

than once every 90 days during the three-year period beginning on the date on which the implementation plan is 

submitted under subparagraph (A)(ii), the designated 

senior official shall submit to the congressional defense 

committees a report describing the status of the efforts 

of the Department of Defense in accomplishing the tasks 

specified under clauses (iv) and (vi) of subparagraph (B). 

(c) TRAINING AND EDUCATION.—Consistent with the elements 

of the implementation plan under paragraph (2), the designated 

senior official shall recommend the establishment of programs to 

provide training and education to such members of the Armed 

Forces and civilian employees of the Department of Defense as 

the Secretary considers appropriate to ensure that such members 

and employees understand the role of information in warfare, the 

central goal of all military operations to affect the perceptions, 

views, and decision making of adversaries, and the effective 

management and conduct of operations in the information environment. 

SEC. 1638. EXERCISE ON ASSESSING CYBERSECURITY SUPPORT TO 

ELECTION SYSTEMS OF STATES. 

(a) INCLUSION OF CYBER VULNERABILITIES IN ELECTION SYS- TEMS IN CYBER GUARD EXERCISES.—Subject to subsection (b), the 

Secretary of Defense, in consultation with the Secretary of Homeland Security, may carry out exercises relating to the cybersecurity 

of election systems of States as part of the exercise commonly 

known as the ‘‘Cyber Guard Exercise’’. 

(b) AGREEMENT REQUIRED.—The Secretary of Defense may 

carry out an exercise relating to the cybersecurity of a State’s 

election system under subsection (a) only if the State enters into 

a written agreement with the Secretary under which the State— 

(1) agrees to participate in such exercise; and 

(2) agrees to allow vulnerability testing of the components 

of the State’s election system. 

(c) REPORT.—Not later than 90 days after the completion of 

any Cyber Guard Exercise, the Secretary of Defense shall submit 

to the congressional defense committees a report on the ability 

of the National Guard to assist States, if called upon, in defending 

election systems from cyberattacks. Such report shall include a 

description of the capabilities, readiness levels, and best practices 

of the National Guard with respect to the prevention of cyber 

attacks on State election systems. 

SEC. 1639. MEASUREMENT OF COMPLIANCE WITH CYBERSECURITY 

REQUIREMENTS FOR INDUSTRIAL CONTROL SYSTEMS. 

(a) IN GENERAL.—Not later than January 1, 2018, the Secretary 

of Defense shall make such changes to the cybersecurity scorecard 

as are necessary to ensure that the Secretary measures the progress 

of each element of the Department of Defense in securing the 

industrial control systems of the Department against cyber threats, 

including such industrial control systems as supervisory control 

and data acquisition systems, distributed control systems, programmable logic controllers, and platform information technology. 

(b) CYBERSECURITY SCORECARD DEFINED.—In this section, the 

term ‘‘cybersecurity scorecard’’ means the Department of Defense 

Cybersecurity Scorecard used by the Department to measure compliance with cybersecurity requirements as described in the plan of 

10 USC 2224 

note. 

10 USC 113 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1745 

the Department titled ‘‘Department of Defense Cybersecurity Discipline Implementation Plan’’. 

SEC. 1640. STRATEGIC CYBERSECURITY PROGRAM. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense, in consultation 

with the Director of the National Security Agency, shall submit 

to the congressional defense committees a plan for the establishment of a program to be known as the ‘‘Strategic Cybersecurity 

Program’’ or ‘‘SCP’’ (in this section referred to as the ‘‘Program’’). 

(b) ELEMENTS.—The Program shall be comprised of personnel 

assigned to the Program by the Secretary of Defense from among 

personnel, including regular and reserve members of the Armed 

Forces, civilian employees of the Department, and personnel of 

the research laboratories of the Department of Defense and the 

Department of Energy, who have particular expertise in the areas 

of responsibility described in subsection (c). Any personnel assigned 

to the Program from among personnel of the Department of Energy 

shall be so assigned with the concurrence of the Secretary of Energy. 

(c) RESPONSIBILITIES.— 

(1) IN GENERAL.—Personnel assigned to the Program shall 

assist the Department of Defense in improving the cybersecurity of the following systems of the Federal Government: 

(A) Offensive cyber systems. 

(B) Long-range strike systems. 

(C) Nuclear deterrent systems. 

(D) National security systems. 

(E) Critical infrastructure of the Department of 

Defense (as that term is defined in section 1650(f)(1) of 

the National Defense Authorization Act for Fiscal Year 

2017 (Public Law 114–328; 10 U.S.C. 2224 note)). 

(2) REVIEWS OF SYSTEMS AND INFRASTRUCTURE.—In carrying out the activities described in paragraph (1), the personnel 

assigned to the Program shall conduct appropriate reviews 

of existing systems and infrastructure and acquisition plans 

for proposed systems and infrastructure. The review of an 

acquisition plan for any proposed system or infrastructure shall 

be carried out before Milestone B approval for such system 

or infrastructure. 

(3) RESULTS OF REVIEWS.—The results of each review carried out under paragraph (2), including any remedial action 

recommended pursuant to such review, shall be made available 

to any agencies or organizations of the Department involved 

in the development, procurement, operation, or maintenance 

of the system or infrastructure concerned. 

(d) INTEGRATION WITH OTHER EFFORTS.—The plan required 

under subsection (a) shall build upon, and shall not duplicate, 

other efforts of the Department of Defense relating to cybersecurity, 

including— 

(1) the evaluation of cyber vulnerabilities of major weapon 

systems of the Department of Defense required under section 

1647 of the National Defense Authorization Act for Fiscal Year 

2016 (114–92; 129 Stat. 1118); 

(2) the evaluation of cyber vulnerabilities of Department 

of Defense critical infrastructure required under section 1650 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 10 U.S.C. 2224 note); and 

10 USC 2224 

note. 


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131 STAT. 1746 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) the activities of the cyber protection teams of the 

Department of Defense. 

(e) REPORT.—Not later than one year after the date on which 

the plan is submitted to the congressional defense committees under 

subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on any activities carried out 

pursuant to such plan. The report shall include the following: 

(1) A description of any activities of the Program carried 

out pursuant to the plan during the time period covered by 

the report. 

(2) A description of particular challenges encountered in 

the course of the activities of the Program, if any, and of 

actions taken to address such challenges. 

(3) A description of any plans for additional activities under 

the Program. 

SEC. 1641. PLAN TO INCREASE CYBER AND INFORMATION OPERATIONS, DETERRENCE, AND DEFENSE. 

(a) PLAN.—The Secretary of Defense shall develop a plan to— 

(1) increase inclusion of regional cyber planning within 

larger joint planning exercises of the United States in the 

Indo-Asia-Pacific region; 

(2) enhance joint, regional, and combined information operations and strategic communication strategies to counter Chinese and North Korean information warfare, malign influence, 

and propaganda activities; and 

(3) identify potential areas of cybersecurity collaboration 

and partnership capabilities with Asian allies and partners 

of the United States. 

(b) BRIEFING.—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 plan required 

under subsection (a). 

SEC. 1642. EVALUATION OF AGILE OR ITERATIVE DEVELOPMENT OF 

CYBER TOOLS AND APPLICATIONS. 

(a) EVALUATION REQUIRED.—The Commander of the United 

States Cyber Command (in this section referred to as the ‘‘Commander’’) shall conduct an evaluation of alternative methods for 

developing, acquiring, and maintaining software-based cyber tools 

and applications for the United States Cyber Command, the Army 

Cyber Command, the Fleet Cyber Command, the Air Force Cyber 

Command, and the Marine Corps Cyberspace Command. 

(b) GOAL.—The goal of the evaluation required by subsection 

(a) shall be to identify a set of practices that will— 

(1) increase the speed of development of cyber capabilities 

of the Armed Forces; 

(2) provide more effective tools and capabilities for developing, acquiring, and maintaining software-based cyber tools 

and applications for the Armed Forces; and 

(3) create a repeatable, disciplined process for developing, 

acquiring, and maintaining software-based cyber tools and 

applications for the Armed Forces through which progress and 

success or failure can be continuously measured. 

(c) CONSIDERATION OF AGILE OR ITERATIVE DEVELOPMENT, AND

OTHER BEST PRACTICES.— 

(1) IN GENERAL.—The evaluation required by subsection 

(a) shall include, with respect to the development, acquisition, 


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and maintenance of software-based cyber tools and applications, 

consideration of agile or iterative development practices, agile 

acquisition practices, and other similar best practices of 

commercial industry. 

(2) CONSIDERATIONS.—In carrying out the evaluation 

required by subsection (a), the Commander shall assess requirements for implementing the practices described in paragraph 

(1) and consider changes to established acquisition practices 

that may be necessary to implement the practices described 

in such paragraph, including changes to the following: 

(A) The requirements process. 

(B) Contracting. 

(C) Testing. 

(D) User involvement in the development process. 

(E) Program management. 

(F) Milestone reviews and approvals. 

(G) The definitions of ‘‘research and development’’, 

‘‘procurement’’, and ‘‘sustainment’’. 

(H) The constraints of current appropriations account 

definitions. 

(d) ASSESSMENT OF TRAINING AND EDUCATION REQUIREMENTS.— 

In carrying out the evaluation required by subsection (a), the Commander shall assess training and education requirements for personnel in all areas and at all levels of management relevant to 

the successful adoption of new acquisition models and methods 

for developing, acquiring, and maintaining cyber tools and applications as described in such subsection. 

(e) SERVICES AND EXPERTISE.—In carrying out the evaluation 

required by subsection (a), the Commander shall— 

(1) obtain services and expertise from— 

(A) the Defense Digital Service; and 

(B) federally funded research and development centers, 

such as the Software Engineering Institute and the MITRE 

Corporation; and 

(2) consult with such commercial software companies as 

the Commander considers appropriate to learn about relevant 

commercial best practices. 

(f) RECOMMENDATIONS.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Commander shall submit 

to the Secretary of Defense recommendations for experimenting 

with or adopting new acquisition methods identified pursuant 

to the evaluation under subsection (a), including recommendations for any actions that should be carried out to ensure 

the successful implementation of such methods. 

(2) CONGRESSIONAL BRIEFING.—Not later than 14 days after 

submitting recommendations to the Secretary under paragraph 

(1), the Commander shall provide to the congressional defense 

committees a briefing on the recommendations. 

(g) PRESERVATION OF EXISTING AUTHORITY.—The evaluation 

required under subsection (a) is intended to inform future acquisition approaches. Nothing in this section shall be construed to limit 

or impede the Commander in exercising the authority provided 

under section 807 of the National Defense Authorization Act for 

Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note). 


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131 STAT. 1748 PUBLIC LAW 115–91—DEC. 12, 2017 

(h) AGILE OR ITERATIVE DEVELOPMENT DEFINED.—In this section, the term ‘‘agile or iterative development’’, with respect to 

software— 

(1) means acquisition pursuant to a method for delivering 

multiple, rapid, incremental capabilities to the user for operational use, evaluation, and feedback not exclusively linked 

to any single, proprietary method or process; and 

(2) involves— 

(A) the incremental development and fielding of 

capabilities, commonly called ‘‘spirals’’, ‘‘spins’’, or ‘‘sprints’’, 

which can be measured in a few weeks or months; and 

(B) continuous participation and collaboration by users, 

testers, and requirements authorities. 

SEC. 1643. ASSESSMENT OF DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE. 

Section 1650(b)(1) of the National Defense Authorization Act 

for fiscal year 2017 (114–328; 10 U.S.C. 2224 note) is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ at the end; 

(2) in subparagraph (D), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(E) to assess the strategic benefits derived from, and 

the challenges associated with, isolating military infrastructure from the national electric grid and the use of 

microgrids.’’. 

SEC. 1644. CYBER POSTURE REVIEW. 

(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 

clarify the near-term policy and strategy of the United States with 

respect to cyber deterrence, the Secretary of Defense shall conduct 

a comprehensive review of the cyber posture of the United States 

over the posture review period. 

(b) CONSULTATION.—The Secretary of Defense shall conduct 

the review under subsection (a) in consultation with the Director 

of National Intelligence, the Attorney General, the Secretary of 

Homeland Security, and the Secretary of State, as appropriate. 

(c) ELEMENTS OF REVIEW.—The review conducted under subsection (a) shall include, for the posture review period, the following 

elements: 

(1) The role of cyber forces in the military strategy, planning, and programming of the United States. 

(2) Review of the role of cyber operations in combatant 

commander operational planning, the ability of combatant commanders to respond to hostile acts by adversaries, and the 

ability of combatant commanders to engage and build capacity 

with allies. 

(3) A review of the law, policies, and authorities relating 

to, and necessary for the United States to maintain, a safe, 

reliable, and credible cyber posture for responding to cyber 

attacks and for deterrence in cyberspace. 

(4) A declaratory policy relating to the responses of the 

United States to cyber attacks of significant consequence. 

(5) Proposed norms for the conduct of offensive cyber operations for deterrence and in crisis and conflict. 

(6) Guidance for the development of a cyber deterrence 

strategy (which may include activities, capability efforts, and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1749 

operations other than cyber activities, cyber capability efforts, 

and cyber operations), including— 

(A) a review and assessment of various approaches 

to cyber deterrence, determined in consultation with 

experts from Government, academia, and industry; 

(B) a comparison of the strengths and weaknesses of 

the approaches identified under subparagraph (A) relative 

to the threat and to each other; and 

(C) an explanation of how the cyber deterrence strategy 

will inform country-specific deterrence campaign plans 

focused on key leadership of Russia, China, Iran, North 

Korea, and any other country the Secretary considers 

appropriate. 

(7) Identification of the steps that should be taken to bolster 

stability in cyberspace and, more broadly, stability between 

major powers, taking into account— 

(A) the analysis and gaming of escalation dynamics 

in various scenarios; and 

(B) consideration of the spiral escalatory effects of countries developing increasingly potent offensive cyber 

capabilities. 

(8) A determination of whether sufficient personnel are 

trained and equipped to meet validated cyber requirements. 

(9) Such other matters as the Secretary considers appropriate. 

(d) REPORT.— 

(1) IN GENERAL.—The Secretary of Defense shall submit 

to the congressional defense committees a report on the results 

of the cyber posture review conducted under subsection (a). 

(2) FORM OF REPORT.—The report under paragraph (1) may 

be submitted in unclassified form or classified form, as necessary. 

(3) LIMITATION ON AVAILABILITY OF FUNDS.—Of the funds 

authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2018 for operations and maintenance 

for the Office of the Assistant Secretary of Defense for Public 

Affairs, not more than 85 percent may be obligated or expended 

until the date on which the Secretary of Defense submits to 

the congressional defense committees the report under paragraph (1). 

(e) POSTURE REVIEW PERIOD DEFINED.—In this section, the 

term ‘‘posture review period’’ means the period beginning on the 

date that is five years after the date of the enactment of this 

Act and ending on the date that is 10 years after such date of 

enactment. 

SEC. 1645. BRIEFING ON CYBER CAPABILITY AND READINESS SHORTFALLS. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the 

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

shall provide to the Committees on Armed Services of Senate and 

the House of Representatives a briefing on the ability of the Army 

Combat Training Centers to provide sufficient cyber training for 

deploying forces. 

(b) ELEMENTS.—The briefing under subsection (a) shall 

include— 


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131 STAT. 1750 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) an assessment of the pre-rotational training requirements for all deploying Army forces relating to the conduct 

of, and response to, cyber electromagnetic activities; 

(2) an assessment of the training capabilities of the Army 

Combat Training Centers with respect to cyber electromagnetic 

activities; and 

(3) recommendations for any improvements to training curricula, exercises, or infrastructure capabilities that may be 

needed to fill gaps in cyber training capabilities as such gaps 

are identified in the assessments under paragraphs (1) and 

(2). 

(c) ADDITIONAL CONSIDERATIONS.—In preparing the briefing 

under subsection (a), the Secretary of the Army shall take into 

account the resources available within a 10-mile radius of the 

Army Combat Training Centers that could be used to address 

potential cyber capability and readiness shortfalls, including 

resources from other military departments, defense agencies, and 

field activities. 

(d) CYBER ELECTROMAGNETIC ACTIVITIES DEFINED.—In this section, the term ‘‘cyber electromagnetic activities’’ has the meaning 

given the term in the Army Field Manual 3–38 titled ‘‘Cyber Electromagnetic Activities’’. 

SEC. 1646. BRIEFING ON CYBER APPLICATIONS OF BLOCKCHAIN TECHNOLOGY. 

(a) BRIEFING REQUIRED.—Not later than 180 days after the 

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

consultation with the heads of such other departments and agencies 

of the Federal Government as the Secretary considers appropriate, 

shall provide to the appropriate committees of Congress a briefing 

on the cyber applications of blockchain technology. 

(b) ELEMENTS.—The briefing under subsection (a) shall 

include— 

(1) a description of potential offensive and defensive cyber 

applications of blockchain technology and other distributed 

database technologies; 

(2) an assessment of efforts by foreign powers, extremist 

organizations, and criminal networks to utilize such technologies; 

(3) an assessment of the use or planned use of such technologies by the Federal Government and critical infrastructure 

networks; and 

(4) an assessment of the vulnerabilities of critical infrastructure networks to cyber attacks. 

(c) FORM OF BRIEFING.—The briefing under subsection (a) shall 

be provided in unclassified form, but may include a classified supplement. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Select Committee 

on Intelligence, the Committee on Banking, Housing, and 

Urban Affairs, and the Committee on Homeland Security and 

Governmental Affairs of the Senate; and 

(2) the Committee on Armed Services, the Permanent Select 

Committee on Intelligence, the Committee on Financial Services, and the Committee on Homeland Security of the House 

of Representatives. 


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SEC. 1647. BRIEFING ON TRAINING INFRASTRUCTURE FOR CYBER MISSION FORCES. 

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 Department of Defense 

training infrastructure for cyber mission forces. Such briefing shall 

include the following: 

(1) A strategic plan for the growth and expansion of the 

training infrastructure for cyber mission forces across the 

Department of Defense commensurate with the projected 

growth of the cyber mission force. 

(2) Identification of the shortcomings in such training infrastructure. 

(3) A plan for the management and oversight of such 

training infrastructure, including management and oversight 

of the implementation of the strategic plan described in paragraph (1). 

(4) Commercial applications that may potentially be used 

to address the needs identified in the strategic plan described 

in paragraph (1). 

SEC. 1648. REPORT ON TERMINATION OF DUAL-HAT ARRANGEMENT 

FOR COMMANDER OF THE UNITED STATES CYBER COMMAND. 

(a) REPORT.—Not later than May 1, 2018, the Secretary of 

Defense shall submit to the appropriate congressional committees 

a report on the progress of the Department of Defense in meeting 

the requirements of section 1642 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2601). 

(b) ELEMENTS.—The report under subsection (a) shall include, 

with respect to any decision to terminate the dual-hat arrangement 

as described in section 1642 of the National Defense Authorization 

Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2601), 

the following: 

(1) Metrics and milestones for meeting the conditions 

described in subsection (b)(2)(C) of such section 1642. 

(2) Identification of any challenges to meeting such conditions. 

(3) Using data and support from the Director of Cost 

Assessment and Program Evaluation, in consultation with the 

Commander of the United States Cyber Command and the 

Director of the National Security Agency, identification of the 

costs that may be incurred in the effort to meet such conditions. 

(4) Identification of entities or persons requiring additional 

resources as a result of any decision to terminate the dualhat arrangement. 

(5) Identification of any updates to statutory authorities 

needed as a result of any decision to terminate the dual-hat 

arrangement. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; 

(2) the Select Committee on Intelligence of the Senate; 

and 

(3) the Permanent Select Committee on Intelligence of the 

House of Representatives. 


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131 STAT. 1752 PUBLIC LAW 115–91—DEC. 12, 2017 

PART II—CYBERSECURITY EDUCATION 

SEC. 1649. CYBER SCHOLARSHIP PROGRAM. 

(a) NAME OF PROGRAM.—Section 2200 of title 10, Unites States 

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

‘‘(c) NAME OF PROGRAM.—The programs authorized under this 

chapter shall be known as the ‘Cyber Scholarship Program’.’’. 

(b) MODIFICATION TO ALLOCATION OF FUNDING FOR CYBER

SCHOLARSHIP PROGRAM.—Section 2200a(f) of title 10, Unites States 

Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘Not less’’; and 

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

‘‘(2) Not less than five percent of the amount available 

for financial assistance under this section for a fiscal year 

shall be available for providing financial assistance for the 

pursuit of an associate degree at an institution described in 

paragraph (1).’’. 

(c) CYBER DEFINITION.—Section 2200e of title 10, Unites States 

Code, is amended to read as follows: 

‘‘§ 2200e. Definitions 

‘‘In this chapter: 

‘‘(1) The term ‘cyber’ includes the following: 

‘‘(A) Offensive cyber operations. 

‘‘(B) Defensive cyber operations. 

‘‘(C) Department of Defense information network operations and defense. 

‘‘(D) Any other information technology that the Secretary of Defense considers to be related to the cyber activities of the Department of Defense. 

‘‘(2) 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). 

‘‘(3) The term ‘Center of Academic Excellence in Cyber 

Education’ means an institution of higher education that is 

designated by the Director of the National Security Agency 

as a Center of Academic Excellence in Cyber Education.’’. 

(d) CONFORMING AMENDMENTS.— 

(1) Chapter 112 of title 10, United States Code, is further 

amended— 

(A) in the chapter heading, by striking ‘‘INFORMATION SECURITY’’ and inserting ‘‘CYBER’’; 

(B) in section 2200 (as amended by subsection (a))— 

(i) in subsection (a), by striking ‘‘Department of 

Defense information assurance requirements’’ and 

inserting ‘‘the cyber requirements of the Department 

of Defense’’; and 

(ii) in subsection (b)(1), by striking ‘‘information 

assurance’’ and inserting ‘‘cyber disciplines’’; 

(C) in section 2200a (as amended by subsection (b))— 

(i) in subsection (a)(1), by striking ‘‘an information 

assurance discipline’’ and inserting ‘‘a cyber discipline’’; 

(ii) in subsection (f)(1), by striking ‘‘information 

assurance’’ and inserting ‘‘cyber disciplines’’; and 

(iii) in subsection (g)(1), by striking ‘‘an information technology position’’ and inserting ‘‘a cyber position’’; 

10 USC 2200 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1753 

(D) in section 2200b, by striking ‘‘information assurance disciplines’’ and inserting ‘‘cyber disciplines’’; 

(E) in the heading of section 2200c, by striking 

‘‘Information Assurance’’ and inserting ‘‘Cyber’’; and 

(F) in section 2200c, by striking ‘‘Information Assurance’’ each place it appears and inserting ‘‘Cyber’’. 

(2) 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: 

‘‘2200c. Centers of Academic Excellence in Cyber Education.’’. 

(3) Section 7045 of title 10, United States Code, is 

amended— 

(A) by striking ‘‘Information Security Scholarship program’’ each place it appears and inserting ‘‘Cyber Scholarship program’’; and 

(B) in subsection (a)(2)(B), by striking ‘‘information 

assurance’’ and inserting ‘‘a cyber discipline’’. 

(4) Section 7904(4) of title 38, United States Code, is 

amended by striking ‘‘Information Assurance’’ and inserting 

‘‘Cyber’’. 

(e) REDESIGNATIONS.— 

(1) SCHOLARSHIP PROGRAM.—The Information Security 

Scholarship program under chapter 112 of title 10, United 

States Code, is redesignated as the ‘‘Cyber Scholarship program’’. Any reference in a law (other than this section), map, 

regulation, document, paper, or other record of the United 

States to the Information Security Scholarship program shall 

be deemed to be a reference to the Cyber Scholarship Program. 

(2) CENTERS OF ACADEMIC EXCELLENCE.—Any institution 

of higher education designated by the Director of the National 

Security Agency as a Center of Academic Excellence in Information Assurance Education is redesignated as a Center of Academic Excellence in Cyber Education. Any reference in a law 

(other than this section), map, regulation, document, paper, 

or other record of the United States to a Center of Academic 

Excellence in Information Assurance Education shall be deemed 

to be a reference to a Center of Academic Excellence in Cyber 

Education. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Defense to provide financial 

assistance under section 2200a of title 10, United States Code 

(as amended by this section), and grants under section 2200b of 

such title (as so amended), $10,000,000 for fiscal year 2018. 

SEC. 1649A. COMMUNITY COLLEGE CYBER PILOT PROGRAM AND 

ASSESSMENT. 

(a) PILOT PROGRAM.—Not later than 1 year after the date 

of enactment of this subtitle, as part of the Federal Cyber Scholarship-for-Service program established under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), the Director 

of the National Science Foundation, in coordination with the 

Director of the Office of Personnel Management, shall develop and 

implement a pilot program at not more than 10, but at least 

5, community colleges to provide scholarships to eligible students 

who— 

15 USC 7442 

note. 

10 USC 2200c 

note. 

10 USC 2200 

note. 

10 USC 2200 

prec. 


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131 STAT. 1754 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) are pursuing associate degrees or specialized program 

certifications in the field of cybersecurity; and 

(2)(A) have bachelor’s degrees; or 

(B) are veterans of the Armed Forces. 

(b) ASSESSMENT.—Not later than 1 year after the date of enactment of this subtitle, as part of the Federal Cyber Scholarshipfor-Service program established under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), the Director of 

the National Science Foundation, in coordination with the Director 

of the Office of Personnel Management, shall assess the potential 

benefits and feasibility of providing scholarships through community 

colleges to eligible students who are pursuing associate degrees, 

but do not have bachelor’s degrees. 

SEC. 1649B. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM 

UPDATES. 

(a) IN GENERAL.—Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘and’’ at the end; 

and 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) prioritize the employment placement of at least 80 

percent of scholarship recipients in an executive agency (as 

defined in section 105 of title 5, United States Code); and 

‘‘(4) provide awards to improve cybersecurity education at 

the kindergarten through grade 12 level— 

‘‘(A) to increase interest in cybersecurity careers; 

‘‘(B) to help students practice correct and safe online 

behavior and understand the foundational principles of 

cybersecurity; 

‘‘(C) to improve teaching methods for delivering cybersecurity content for kindergarten through grade 12 computer science curricula; and 

‘‘(D) to promote teacher recruitment in the field of 

cybersecurity.’’; 

(2) by amending subsection (d) to read as follows: 

‘‘(d) POST-AWARD EMPLOYMENT OBLIGATIONS.—Each scholarship 

recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient 

agrees to work for a period equal to the length of the scholarship, 

following receipt of the student’s degree, in the cybersecurity mission of— 

‘‘(1) an executive agency (as defined in section 105 of title 

5, United States Code); 

‘‘(2) Congress, including any agency, entity, office, or 

commission established in the legislative branch; 

‘‘(3) an interstate agency; 

‘‘(4) a State, local, or Tribal government; or 

‘‘(5) a State, local, or Tribal government-affiliated nonprofit that is considered to be critical infrastructure (as defined 

in section 1016(e) of the USA Patriot Act (42 U.S.C. 5195c(e)).’’; 

(3) in subsection (f)— 

(A) by amending paragraph (3) to read as follows: 

‘‘(3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as defined by the national 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1755 

cybersecurity awareness and education program under section 

401;’’; and 

(B) by amending paragraph (4) to read as follows: 

‘‘(4) be a full-time student in an eligible degree program 

at a qualified institution of higher education, as determined 

by the Director of the National Science Foundation, except 

that in the case of a student who is enrolled in a community 

college, be a student pursuing a degree on a less than fulltime basis, but not less than half-time basis; and’’; and 

(4) by amending subsection (m) to read as follows: 

‘‘(m) PUBLIC INFORMATION.— 

‘‘(1) EVALUATION.—The Director of the National Science 

Foundation, in coordination with the Director of the Office 

of Personnel Management, shall periodically evaluate and make 

public, in a manner that protects the personally identifiable 

information of scholarship recipients, information on the success 

of recruiting individuals for scholarships under this section 

and on hiring and retaining those individuals in the public 

sector cyber workforce, including information on— 

‘‘(A) placement rates; 

‘‘(B) where students are placed, including job titles 

and descriptions; 

‘‘(C) salary ranges for students not released from 

obligations under this section; 

‘‘(D) how long after graduation students are placed; 

‘‘(E) how long students stay in the positions they enter 

upon graduation; 

‘‘(F) how many students are released from obligations; 

and 

‘‘(G) what, if any, remedial training is required. 

‘‘(2) REPORTS.—The Director of the National Science 

Foundation, in coordination with the Office of Personnel 

Management, shall submit, not less frequently than once every 

3 years, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, 

and Technology of the House of Representatives a report, 

including the results of the evaluation under paragraph (1) 

and any recent statistics regarding the size, composition, and 

educational requirements of the Federal cyber workforce. 

‘‘(3) RESOURCES.—The Director of the National Science 

Foundation, in coordination with the Director of the Office 

of Personnel Management, shall provide consolidated and userfriendly online resources for prospective scholarship recipients, 

including, to the extent practicable— 

‘‘(A) searchable, up-to-date, and accurate information 

about participating institutions of higher education and 

job opportunities related to the field of cybersecurity; and 

‘‘(B) a modernized description of cybersecurity 

careers.’’. 

(b) SAVINGS PROVISION.—Nothing in this section, or an amendment made by this section, shall affect any agreement, scholarship, 

loan, or repayment, under section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), in effect on the day before 

the date of enactment of this subtitle. 

15 USC 7442 

note. 


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131 STAT. 1756 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 1649C. CYBERSECURITY TEACHING. 

Section 10(i) of the National Science Foundation Authorization 

Act of 2002 (42 U.S.C. 1862n–1(i)) is amended— 

(1) by amending paragraph (5) to read as follows: 

‘‘(5) the term ‘mathematics and science teacher’ means 

a science, technology, engineering, mathematics, or computer 

science, including cybersecurity, teacher at the elementary 

school or secondary school level;’’; and 

(2) by amending paragraph (7) to read as follows: 

‘‘(7) the term ‘science, technology, engineering, or mathematics professional’ means an individual who holds a baccalaureate, master’s, or doctoral degree in science, technology, 

engineering, mathematics, or computer science, including cybersecurity, and is working in or had a career in such field or 

a related area; and’’. 

Subtitle D—Nuclear Forces 

SEC. 1651. ANNUAL ASSESSMENT OF CYBER RESILIENCY OF NUCLEAR 

COMMAND AND CONTROL SYSTEM. 

(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 499. Annual assessment of cyber resiliency of nuclear command and control system 

‘‘(a) IN GENERAL.—Not less frequently than annually, the Commander of the United States Strategic Command and the Commander of the United States Cyber Command (in this section 

referred to collectively as the ‘Commanders’) shall jointly conduct 

an assessment of the cyber resiliency of the nuclear command 

and control system. 

‘‘(b) ELEMENTS.—In conducting the assessment required by subsection (a), the Commanders shall— 

‘‘(1) conduct an assessment of the sufficiency and resiliency 

of the nuclear command and control system to operate through 

a cyber attack from the Russian Federation, the People’s 

Republic of China, or any other country or entity the Commanders identify as a potential threat; and 

‘‘(2) develop recommendations for mitigating any concerns 

of the Commanders resulting from the assessment. 

‘‘(c) REPORT REQUIRED.—(1) The Commanders shall jointly 

submit to the Chairman of the Joint Chiefs of Staff, for submission 

to the Council on Oversight of the National Leadership Command, 

Control, and Communications System established under section 

171a of this title, a report on the assessment required by subsection 

(a) that includes the following: 

‘‘(A) The recommendations developed under subsection 

(b)(2). 

‘‘(B) A statement of the degree of confidence of each of 

the Commanders in the mission assurance of the nuclear deterrent against a top tier cyber threat. 

‘‘(C) A detailed description of the approach used to conduct 

the assessment required by subsection (a) and the technical 

basis of conclusions reached in conducting that assessment. 

‘‘(D) Any other comments of the Commanders. 

10 USC 499. 


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‘‘(2) The Council shall submit to the Secretary of Defense the 

report required by paragraph (1) and any comments of the Council 

on the report. 

‘‘(3) The Secretary of Defense shall submit to the congressional 

defense committees the report required by paragraph (1), any comments of the Council on the report under paragraph (2), and any 

comments of the Secretary on the report. 

‘‘(d) QUARTERLY BRIEFINGS.—Not less than once every quarter, 

the Deputy Secretary of Defense and the Vice Chairman of the 

Joint Chiefs of Staff shall jointly provide to the Committees on 

Armed Services of the House of Representatives and the Senate 

a briefing on any known or suspected critical intelligence parameter 

breaches that were identified during the previous quarter, including 

an assessment of any known or suspected impacts of such breaches 

to the mission effectiveness of military capabilities as of the date 

of the briefing or thereafter. 

‘‘(e) TERMINATION.—The requirements of this section shall 

terminate on December 31, 2027.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

24 of such title is amended by inserting after the item relating 

to section 498 the following new item: 

‘‘499. Annual assessment of cyber resiliency of nuclear command and control system.’’. 

SEC. 1652. COLLECTION, STORAGE, AND SHARING OF DATA RELATING 

TO NUCLEAR SECURITY ENTERPRISE. 

(a) IN GENERAL.—Chapter 24 of title 10, United States Code, 

as amended by section 1651, is further amended by adding at 

the end the following new section: 

‘‘§ 499a. Collection, storage, and sharing of data relating to 

nuclear security enterprise and nuclear forces 

‘‘(a) IN GENERAL.—The Secretary of Defense, acting through 

the Director of Cost Assessment and Program Evaluation, and 

the Administrator for Nuclear Security, acting through the Director 

for Cost Estimating and Program Evaluation, shall collect and 

store cost, programmatic, and technical data relating to programs 

and projects of the nuclear security enterprise and nuclear forces. 

‘‘(b) SHARING OF DATA.—If the Director of Cost Assessment 

and Program Evaluation or the Director for Cost Estimating and 

Program Evaluation requests data relating to programs or projects 

from any element of the Department of Defense or from any element 

of the nuclear security enterprise of the National Nuclear Security 

Administration, that element shall provide that data in a timely 

manner. 

‘‘(c) STORAGE OF DATA.—(1) Data collected by the Director of 

Cost Assessment and Program Evaluation and the Director for 

Cost Estimating and Program Evaluation under this section shall 

be— 

‘‘(A) stored in the data storage system of the Defense Cost 

and Resource Center, or successor center, or in a data storage 

system of the National Nuclear Security Administration that 

is comparable to the data storage system of the Defense Cost 

and Resource Center; and 

‘‘(B) made accessible to other Federal agencies as such 

Directors consider appropriate. 

10 USC 499a. 

10 USC 491 prec. 


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131 STAT. 1758 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(2) The Secretary and the Administrator shall ensure that 

the Director of Cost Assessment and Program Evaluation and the 

Director for Cost Estimating and Program Evaluation have sufficient information system support, as determined by such Directors, 

to facilitate the timely hosting, handling, and sharing of data 

relating to programs and projects of the nuclear security enterprise 

under this section at the appropriate level of classification. 

‘‘(3) The Deputy Administrator for Naval Reactors of the 

National Nuclear Security Administration may coordinate with the 

Director of Cost Assessment and Program Evaluation and the 

Director for Cost Estimating and Program Evaluation to ensure 

that, at the discretion of the Deputy Administrator, data relating 

to programs and projects of the Office of Naval Reactors are correctly represented in the data storage system pursuant to paragraph 

(1)(A). 

‘‘(d) CONTRACT REQUIREMENTS.—The Secretary and the 

Administrator shall ensure that any relevant contract relating to 

a program or project of the nuclear security enterprise and nuclear 

forces that is entered into on or after the date of the enactment 

of this section appropriately includes— 

‘‘(1) requirements and standards for data collection; and 

‘‘(2) requirements for reporting on cost, programmatic, and 

technical data using procedures, standards, and formats 

approved by the Director of Cost Assessment and Program 

Evaluation and the Director for Cost Estimating and Program 

Evaluation. 

‘‘(e) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this section, 

the term ‘nuclear security enterprise’ has the meaning given that 

term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 

2501).’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

24 of such title is amended by inserting after the item relating 

to section 499, as added by section 1651, the following new item: 

‘‘499a. Collection, storage, and sharing of data relating to nuclear security enterprise 

and nuclear forces.’’. 

SEC. 1653. NOTIFICATIONS REGARDING DUAL-CAPABLE F–35A AIRCRAFT. 

Section 179(f) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (6) as paragraph (7); and 

(2) by inserting after paragraph (5) the following new paragraph (6): 

‘‘(6) If a House of Congress adopts a bill authorizing or appropriating funds for the Department of Defense that, as determined 

by the Council, provides funds in an amount that will result in 

a delay in the nuclear certification or delivery of F–35A dualcapable aircraft, the Council shall notify the congressional defense 

committees of the determination.’’. 

SEC. 1654. OVERSIGHT OF DELAYED ACQUISITION PROGRAMS BY 

COUNCIL ON OVERSIGHT OF THE NATIONAL LEADERSHIP 

COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM. 

(a) STATUS UPDATES.— 

(1) IN GENERAL.—Section 171a of title 10, United States 

Code, is amended— 

(A) by redesignating subsection (k) as subsection (l); 

and 

10 USC 491 prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1759 

(B) by inserting after subsection (j) the following new 

subsection (k): 

‘‘(k) STATUS OF ACQUISITION PROGRAMS.—(1) On a quarterly 

basis, each program manager of a covered acquisition program 

shall transmit to the co-chairs of the Council, acting through the 

senior steering group of the Council, a report that identifies— 

‘‘(A) the covered acquisition program; 

‘‘(B) the requirements of the program; 

‘‘(C) the development timeline of the program; and 

‘‘(D) the status of the program, including whether the program is delayed and, if so, whether such delay will result 

in a program schedule delay. 

‘‘(2) Not later than seven days after the end of each semiannual 

period, the co-chairs of the Council shall submit to the congressional 

defense committees a report that identifies, with respect to the 

reports transmitted to the Council under paragraph (1) for the 

two quarters in such period— 

‘‘(A) each covered acquisition program that is delayed more 

than 180 days; and 

‘‘(B) any covered acquisition program that should have 

been included in such reports but was excluded, and the reasons 

for such exclusion. 

‘‘(3) In this subsection, the term ‘covered acquisition program’ 

means each acquisition program of the Department of Defense 

that materially contributes to— 

‘‘(A) the nuclear command, control, and communications 

systems of the United States; or 

‘‘(B) the continuity of government systems of the United 

States.’’. 

(2) INSTRUCTIONS.—The Secretary of Defense shall issue 

a Department of Defense Instruction, or revise such an Instruction, to ensure that program managers carry out subsection 

(k)(1) of section 171a of title 10, United States Code, as added 

by paragraph (1). 

(b) EXECUTION AND PROGRAMMATIC OVERSIGHT.— 

(1) DATABASE.—Not later than one year after the date 

of the enactment of this Act, the Chief Information Officer 

of the Department of Defense, as Executive Secretary of the 

Council on Oversight of the National Leadership Command, 

Control, and Communications System established under section 

171a of title 10, United States Code (or a successor to the 

Chief Information Officer assigned responsibility for policy, 

oversight, guidance, and coordination for nuclear command and 

control systems), shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, develop 

a database relating to the execution of all nuclear command, 

control, and communications acquisition programs of the 

Department of Defense with an approved Materiel Development 

Decision. The database shall be updated not less frequently 

than annually and upon completion of a major program element 

of such a program. 

(2) DATABASE ELEMENTS.—The database required by paragraph (1) shall include, at a minimum, the following elements 

for each program described in that paragraph, consistent with 

Department of Defense Instruction 5000.02: 

10 USC 171a 

note. 

10 USC 171a 

note. 


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131 STAT. 1760 PUBLIC LAW 115–91—DEC. 12, 2017 

(A) Projected dates for Milestones A, B, and C, 

including cost thresholds and objectives for major elements 

of life cycle cost. 

(B) Projected dates for program design reviews and 

critical design reviews. 

(C) Projected dates for developmental and operation 

tests. 

(D) Projected dates for initial operational capability 

and final operational capability. 

(E) An acquisition program baseline. 

(F) Program acquisition unit cost and average procurement unit cost. 

(G) Contract type. 

(H) Key performance parameters. 

(I) Key system attributes. 

(J) A risk register. 

(K) Technology readiness levels. 

(L) Manufacturing readiness levels. 

(M) Integration readiness levels. 

(N) Any other critical elements that affect the stability 

of the program. 

(3) BRIEFINGS.—The co-chairs of the Council on Oversight 

of the National Leadership Command, Control, and Communications System shall brief the congressional defense committees on the status of the database required by paragraph (1)— 

(A) not later than 180 days after the date of the enactment of this Act; and 

(B) upon completion of the database. 

SEC. 1655. ESTABLISHMENT OF NUCLEAR COMMAND AND CONTROL 

INTELLIGENCE FUSION CENTER. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

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

Director of National Intelligence shall jointly establish an intelligence fusion center to effectively integrate and unify the protection 

of nuclear command, control, and communications programs, systems, and processes and continuity of government programs, systems, and processes. 

(b) CHARTER.—In establishing the fusion center under subsection (a), the Secretary and the Director shall develop a charter 

for the fusion center that includes the following: 

(1) To carry out the duties of the fusion center, a description 

of— 

(A) the roles and responsibilities of officials and elements of the Federal Government, including a detailed 

description of the organizational relationships of such officials and the elements of the Federal Government that 

are key stakeholders; 

(B) the organization reporting chain of the fusion 

center; 

(C) the staffing of the fusion center; 

(D) the processes of the fusion center; and 

(E) how the fusion center integrates with other elements of the Federal Government. 

(2) The management and administration processes required 

to carry out the fusion center, including with respect to facilities 

and security authorities. 

10 USC 491 note. 


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(3) Procedures to ensure that the appropriate number of 

staff of the fusion center have the security clearance necessary 

to access information on the programs, systems, and processes 

that relate, either wholly or substantially, to nuclear command, 

control, and communications or continuity of government, 

including with respect to both the programs, systems, and 

processes that are designated as special access programs (as 

described in section 4.3 of Executive Order 13526 (50 U.S.C. 

3161 note) or any successor Executive order) and the programs, 

systems, and processes that contain sensitive compartmented 

information. 

(c) COORDINATION.—In establishing the fusion center under 

subsection (a), the Secretary and the Director shall coordinate with 

the elements of the Federal Government that the Secretary and 

Director determine appropriate. 

(d) REPORTS.— (1) INITIAL REPORT.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary and the Director 

shall jointly submit to the appropriate congressional committees 

a report containing— 

(A) the charter for the fusion center developed under 

subsection (b); and 

(B) a plan on the budget and staffing of the fusion 

center. 

(2) ANNUAL REPORTS.—At the same time as the President 

submits to Congress the annual budget request under section 

1105 of title 31, United States Code, for fiscal year 2019 and 

each fiscal year thereafter, the Secretary and the Director shall 

submit to the appropriate congressional committees a report 

on the fusion center, including, with respect to the period 

covered by the report— 

(A) any updates to the plan on the budget and staffing 

of the fusion center; 

(B) any updates to the charter developed under subsection (b); and 

(C) a summary of the activities and accomplishments 

of the fusion center. 

(3) SUNSET.—No report is required under this subsection 

after December 31, 2021. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives and the Select Committee on Intelligence of the Senate. 

SEC. 1656. SECURITY OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM FROM COMMERCIAL DEPENDENCIES. 

(a) CERTIFICATION.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall certify 

to the congressional defense committees whether the Secretary 

uses covered telecommunications equipment or services as a 

substantial or essential component of any system, or as critical 

technology as part of any system, to carry out— 

(1) the nuclear deterrence mission of the Department of 

Defense, including with respect to nuclear command, control, 

10 USC 491 note. 


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131 STAT. 1762 PUBLIC LAW 115–91—DEC. 12, 2017 

and communications, integrated tactical warning and attack 

assessment, and continuity of government; or 

(2) the homeland defense mission of the Department, 

including with respect to ballistic missile defense. 

(b) PROHIBITION AND MITIGATION.— 

(1) PROHIBITION.—Except as provided by paragraph (2), 

beginning on the date that is one year after the date of the 

enactment of this Act, the Secretary of Defense may not procure 

or obtain, or extend or renew a contract to procure or obtain, 

any equipment, system, or service to carry out the missions 

described in paragraphs (1) and (2) of subsection (a) 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) WAIVER.—The Secretary may waive the prohibition in 

paragraph (1) on a case-by-case basis for a single one-year 

period if the Secretary— 

(A) determines such waiver to be in the national security interests of the United States; and 

(B) certifies to the congressional committees that— 

(i) there are sufficient mitigations in place to guarantee the ability of the Secretary to carry out the 

missions described in paragraphs (1) and (2) of subsection (a); and 

(ii) the Secretary is removing the use of covered 

telecommunications equipment or services in carrying 

out such missions. 

(3) DELEGATION.—The Secretary may not delegate the 

authority to make a waiver under paragraph (2) to any official 

other than the Deputy Secretary of Defense or the co-chairs 

of the Council on Oversight of the National Leadership Command, Control, and Communications System established by 

section 171a of title 10, United States Code. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘congressional defense committees’’ has the 

meaning given that term in section 101(a)(16) of title 10, United 

States Code. 

(2) The term ‘‘covered foreign country’’ means any of the 

following: 

(A) The People’s Republic of China. 

(B) The Russian Federation. 

(3) 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) Telecommunications services provided by such entities or using such equipment. 

(C) Telecommunications equipment or services produced or provided by an entity that the Secretary of 

Defense 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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SEC. 1657. OVERSIGHT OF AERIAL-LAYER PROGRAMS BY COUNCIL ON 

OVERSIGHT OF THE NATIONAL LEADERSHIP COMMAND, 

CONTROL, AND COMMUNICATIONS SYSTEM. 

Any analysis of alternatives for the Senior Leader Airborne 

Operations Center, the executive airlift program of the Air Force, 

and the E–6B modernization program may not receive final approval 

by the Joint Requirements Oversight Council, and the Director 

of Cost Assessment and Program Evaluation may not conduct any 

sufficiency review of such an analysis of alternatives, unless— 

(1) the Council on Oversight of the National Leadership 

Command, Control, and Communications System established 

by section 171a of title 10, United States Code, determines 

that the alternatives for such programs are capable of meeting 

the requirements for senior leadership communications in support of the nuclear command, control, and communications 

mission of the Department of Defense and the continuity of 

government mission of the Department; 

(2) the Council submits to the congressional defense 

committees such determination; and 

(3) a period of 30 days elapses following the date of such 

submission. 

SEC. 1658. SECURITY CLASSIFICATION GUIDE FOR PROGRAMS 

RELATING TO NUCLEAR COMMAND, CONTROL, AND 

COMMUNICATIONS AND NUCLEAR DETERRENCE. 

(a) REQUIREMENT FOR SECURITY CLASSIFICATION GUIDE.—Not 

later than 90 days after the date of the enactment of this Act, 

the Secretary of Defense shall require the issuance of a security 

classification guide for each covered program to ensure the protection of sensitive information from public disclosure. 

(b) REQUIREMENTS.—Each security classification guide issued 

pursuant to subsection (a) shall be— 

(1) approved by— 

(A) the Council on Oversight of the National Leadership Command, Control, and Communications System with 

respect to covered programs under paragraph (1) or (2) 

of subsection (c); or 

(B) the Nuclear Weapons Council with respect to covered programs under paragraph (3) of such subsection; 

and 

(2) issued not later than March 19, 2019, with respect 

to a covered program in existence as of such date. 

(c) ANNUAL NOTIFICATIONS.—On an annual basis during the 

three-year period beginning on the date of the enactment of this 

Act, the Deputy Secretary of Defense, without delegation, shall 

notify the congressional defense committees of the status of implementing subsection (a), including a description of any challenges 

to such implementation. 

(d) EXCLUSION.—This section shall not apply with respect to 

restricted data covered by chapter 12 of the Atomic Energy Act 

of 1954 (42 U.S.C. 2161 et seq.). 

(e) COVERED PROGRAM DEFINED.—In this section, the term 

‘‘covered program’’ means programs of the Department of Defense 

in existence on or after the date of the enactment of this Act 

relating to any of the following: 

(1) Continuity of government. 

(2) Nuclear command, control, and communications. 

10 USC 491 note. 


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131 STAT. 1764 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) Nuclear deterrence. 

SEC. 1659. EVALUATION AND ENHANCED SECURITY OF SUPPLY CHAIN 

FOR NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS AND CONTINUITY OF GOVERNMENT PROGRAMS. 

(a) EVALUATIONS OF SUPPLY CHAIN VULNERABILITIES.— 

(1) IN GENERAL.—Not later than December 31, 2019, and 

in accordance with the plan under paragraph (2)(A), the Secretary of Defense 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) SUBMISSION.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall 

submit to the congressional defense committees the plan 

under subparagraph (A). 

(3) WAIVER.—The Secretary may waive, on a case-by-case 

basis with respect to a weapons system, a program, or a system 

of systems, of 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 weapons system, 

program, or system of systems have minimal consequences 

for the capability of such weapons system, program, or system 

of systems to meet operational requirements or otherwise satisfy mission requirements. 

(4) RISK MITIGATION STRATEGIES.—In carrying out an 

evaluation under paragraph (1) with respect to a covered program specified in subparagraph (B) or (C) of subsection (c)(2), 

the Secretary shall develop strategies for mitigating the risks 

of supply chain vulnerabilities identified in the course of such 

evaluation. 

(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 

the highest 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) SUBMISSION.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary shall 

submit to the appropriate congressional committees the 

requirements established under subparagraph (A). 

10 USC 491 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1765 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(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 relating 

to any of the following: 

(A) Nuclear weapons. 

(B) Nuclear command, control, and communications. 

(C) Continuity of government. 

(D) Ballistic missile defense. 

SEC. 1660. 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 2018 by section 101 and available 

for Missile Procurement, Air Force, as specified in the funding 

table in division D, $6,334,000 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. 1661. PRESIDENTIAL NATIONAL VOICE CONFERENCING SYSTEM 

AND PHOENIX AIR-TO-GROUND COMMUNICATIONS NETWORK. 

(a) CONSOLIDATION OF ELEMENTS.— 

(1) PNVCS.—Not later than one year after the date of 

the enactment of this Act, all program elements and funding 

for the Presidential National Voice Conferencing System shall 

be transferred to the Program Executive Office with responsibility for the Family of Advanced Beyond Line-of-Sight Terminals program. The Program Executive Office shall be responsible for approving all such program elements, requests for 

funding, and contract actions (including regarding contract line 

items) relating to the Presidential National Voice Conferencing 

System. 

(2) PAGCN.—Not later than one year after the date of 

the enactment of this Act, all program elements and funding 

for the Phoenix Air-to-Ground Communications Network shall 

be transferred to the Program Executive Office with responsibility for the nuclear command, control, and communications 

systems of the United States. The Program Executive Office 

shall be responsible for approving all such program elements, 

requests for funding, and contract actions (including regarding 

contract line items) relating to the Phoenix Air-to-Ground 

Communications Network. 

(b) SELECTED ACQUISITION REPORTS.—Commencing not later 

than one year after the date of the enactment of this Act, the 

Presidential National Voice Conferencing System and the Phoenix 

Air-to-Ground Communications Network shall each be deemed to 


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be a program for which a Selected Acquisition Report is required 

pursuant to section 2432 of title 10, United States Code. 

SEC. 1662. LIMITATION ON PURSUIT OF CERTAIN COMMAND AND CONTROL CONCEPT. 

(a) LIMITATION ON COMMAND AND CONTROL CONCEPT.—The 

Secretary of the Air Force may not award a contract for engineering 

and manufacturing development for the ground-based strategic 

deterrent program that would result in a command and control 

concept for such program that consists of less than 15 fixed launch 

control centers per missile wing unless the Commander of the 

United States Strategic Command— 

(1) determines that— 

(A) the plans of the Secretary of the Air Force for 

a command and control concept consisting of less than 

15 fixed launch control centers per missile wing are appropriate, meet requirements, and do not contain excessive 

risk; 

(B) the risks to schedules and costs from such concept 

are minimized and manageable; 

(C) the strategy and plan of the Secretary of the Air 

Force for addressing cyber threats for such concept are 

robust; and 

(D) with respect to such concept, the Secretary of the 

Air Force has established an appropriate process for considering and managing trade-offs among requirements 

relating to survivability, long-term operations and 

sustainment costs, procurement costs, and military personnel needs; and 

(2) submits, in writing, to the Secretary of Defense and 

the congressional defense committees such determination. 

(b) INABILITY TO MAKE DETERMINATION.—If the Secretary of 

the Air Force proposes to award a contract specified in subsection 

(a) and the Commander is unable to make the determination under 

such subsection, the Commander shall submit, in writing, to the 

Secretary of Defense and the congressional defense committees 

the reasons for not making such determination. 

(c) NO EFFECT ON COMPETITION.—Nothing in subsection (a) 

or (b) shall be construed to affect or prohibit the ability of the 

Secretary of the Air Force to use fair and open competition procedures in soliciting, evaluating, and awarding contracts for the 

ground-based strategic deterrent program. 

SEC. 1663. 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) is amended 

by striking ‘‘or 2018’’ and inserting ‘‘through 2019’’. 

SEC. 1664. 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 2018 for the Department of Defense 

shall be obligated or expended for— 


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(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: 

(1) The maintenance or sustainment of intercontinental 

ballistic missiles. 

(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 

(3) Reduction in the number of deployed intercontinental 

ballistic missiles that are carried out in compliance with— 

(A) the limitations of the New START Treaty (as 

defined in section 494(a)(2)(D) of title 10, United States 

Code); and 

(B) section 1644 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651; 

10 U.S.C. 494 note). 

SEC. 1665. MODIFICATION TO ANNUAL REPORT ON PLAN FOR THE 

NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS 

COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND 

NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEM. 

Subsection (a)(2)(F) of 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 1643 of the Carl 

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3650), 

is further amended by inserting after the period at the end the 

following: ‘‘The Secretary may include information and data for 

a period beyond such 10-year period if the Secretary determines 

that such information and data is accurate and useful in understanding the long-term nuclear modernization plan.’’. 

SEC. 1666. ESTABLISHMENT OF PROCEDURES FOR IMPLEMENTATION 

OF NUCLEAR ENTERPRISE REVIEW. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall issue 

a final Department of Defense Instruction establishing procedures 

for the long-term implementation of the recommendations contained 

in the Independent Review of the Department of Defense Nuclear 

Enterprise, dated June 2, 2014, and the Internal Assessment of 

the Department of Defense Nuclear Enterprise, dated September 

2014. 

(b) SUBMISSION.—The Secretary shall submit to the congressional defense committees the final instruction under subsection 

(a) by not later than 30 days after issuing the instruction. 

SEC. 1667. REPORT ON IMPACTS OF NUCLEAR PROLIFERATION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) nuclear proliferation continues to be a serious threat 

to the security of the United States; 


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(2) it is critical for the United States to understand the 

impacts of nuclear proliferation and ensure the necessary policies and resources are in place to prevent the proliferation 

of nuclear materials and weapons; 

(3) effectively addressing the danger of states and nonstate actors acquiring nuclear weapons or nuclear-weaponsusable material should be a clear priority for United States 

national security; and 

(4) Secretary of Defense James Mattis testified before Congress on June 12, 2017, that ‘‘nuclear nonproliferation has 

not received enough attention over quite a few years’’. 

(b) REPORT.—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 containing— 

(1) a description of the impacts of nuclear proliferation 

on the security of the United States; 

(2) a description of how the Department of Defense is 

contributing to the current strategy to respond to the threat 

of nuclear proliferation, and what resources are being applied 

to this effort, including whether there are any funding gaps; 

and 

(3) if and how nuclear proliferation is being addressed 

in the Nuclear Posture Review and other pertinent strategy 

reviews. 

SEC. 1668. CERTIFICATION THAT THE NUCLEAR POSTURE REVIEW 

ADDRESSES DETERRENT EFFECT AND OPERATION OF 

UNITED STATES NUCLEAR FORCES IN CURRENT AND 

FUTURE SECURITY ENVIRONMENTS. 

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

completing the first Nuclear Posture Review after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a certification that the 

Nuclear Posture Review accounts for— 

(1) with respect to the nuclear capabilities of the United 

States as of such date of enactment— 

(A) the ability of such capabilities to deter adversaries 

of the United States that possess nuclear weapons or may 

possess such weapons in the future; 

(B) the ability of the United States to operate in a 

major regional conflict that involves nuclear weapons; 

(C) the ability and preparedness of forward-deployed 

members of the Armed Forces to operate in a nuclear 

environment; and 

(D) weapons, equipment, and training or conduct that 

would improve the abilities described in subparagraphs 

(A), (B), and (C); 

(2) with respect to the nuclear capabilities of the United 

States projected over the 10-year period beginning on such 

date of enactment— 

(A) the projected ability of such capabilities to deter 

adversaries of the United States that possess nuclear 

weapons or may possess such weapons in the future; 

(B) the projected ability of the United States to operate 

in a major regional conflict that involves nuclear weapons; 


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(C) the projected ability and preparedness of forwarddeployed members of the Armed Forces to operate in a 

nuclear environment; and 

(D) weapons, equipment, and training or conduct that 

would improve the abilities described in subparagraphs 

(A), (B), and (C); and 

(3) any actions that could be taken by the Secretary of 

Defense or the Administrator for Nuclear Security in the near 

and medium terms to decrease the risk posed by possible additional changes to the security environment related to nuclear 

weapons in the future. 

(b) FORM.—The certification under subsection (a) may be submitted in classified form. 

SEC. 1669. PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND 

ATTACK ASSESSMENT SYSTEM AND MULTI-DOMAIN SENSORS. 

(a) PLAN REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

develop a plan to manage the Air Force missile warning elements 

of the Integrated Tactical Warning and Attack Assessment System 

as a weapon system consistent with Air Force Policy Directive 

10–9, entitled ‘‘Lead Command Designation and Responsibilities 

for Weapon Systems’’ and dated March 8, 2007. 

(b) MULTI-DOMAIN SENSOR MANAGEMENT AND EXPLOITATION.— (1) IN GENERAL.—The plan required by subsection (a) shall 

include a long-term plan to manage all available sensors for 

multi-domain exploitation against modern and emergent 

threats in order to provide comprehensive support for integrated 

tactical warning and attack assessment, missile defense, and 

space situational awareness. 

(2) COORDINATION WITH OTHER AGENCIES.—In developing 

the plan required by paragraph (1), the Secretary shall— 

(A) coordinate with the Secretary of the Army, the 

Secretary of the Navy, the Director of the Missile Defense 

Agency, and the Director of the National Reconnaissance 

Office; and 

(B) solicit comments on the plan, if any, from the 

Commander of the United States Strategic Command and 

the Commander of the United States Northern Command. 

(c) SUBMISSION TO CONGRESS.—Not later than 14 months after 

the date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees— 

(1) the plan required by subsection (a); and 

(2) the comments from the Commander of the United States 

Strategic Command and the Commander of the United States 

Northern Command, if any, on the plan required by subsection 

(b)(1). 

SEC. 1670. CERTIFICATION REQUIREMENT WITH RESPECT TO STRATEGIC RADIATION HARDENED TRUSTED MICROELECTRONICS. 

Not later than December 31, 2020, the Secretary of Defense 

shall submit to the congressional defense committees a certification 

that an assured capability to produce or acquire strategic radiation 

hardened trusted microelectronics, consistent with Department of 

Defense Instruction 5200.44, is operational and available to supply 

necessary microelectronic components for necessary radiation 


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environments involved with the acquisition of delivery systems 

for nuclear weapons. 

SEC. 1671. NUCLEAR POSTURE REVIEW. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Nuclear Posture Review should— 

(1) take into account the obligations of the United States 

under treaties ratified by and with the advice and consent 

of the Senate; 

(2) examine the tools required to sustain the stockpile 

stewardship program under section 4201 of the Atomic Energy 

Defense Act (50 U.S.C. 2521) in the future to ensure the safety, 

security, and effectiveness of the nuclear arsenal of the United 

States; and 

(3) consider input and views from all relevant stakeholders 

in the United States Government, including the Secretary of 

Energy, the Secretary of State, and the Administrator for 

Nuclear Security, on issues pertaining to nuclear deterrence, 

nuclear nonproliferation, and nuclear arms control. 

(b) AVAILABILITY.—The Secretary of Defense shall ensure that— 

(1) the Nuclear Posture Review is submitted, in its entirety, 

to the President and the congressional defense committees; 

and 

(2) an unclassified version of the Nuclear Posture Review 

is made available to the public. 

SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT 

NUCLEAR DETERRENT OF UNITED KINGDOM. 

It is the sense of Congress that— 

(1) nuclear deterrence is foundational to the defense and 

security of the United States and the security of the United 

States is enhanced by a nuclear-armed ally with common values 

and security priorities; 

(2) the United States sees the nuclear deterrent of the 

United Kingdom as central to transatlantic security and welcomes the commitment of the United Kingdom to the North 

Atlantic Treaty Organization (NATO) to continue to spend two 

percent of gross domestic product on defense; 

(3) in the face of increasing threats, the presence of credible 

nuclear deterrent forces of the United Kingdom is essential 

to international stability and for NATO; 

(4) the commitment of the United Kingdom to sustaining 

an independent nuclear deterrent, deployed continuously at 

sea, provides a vital second decision-making point within the 

deterrent capability of NATO, creating essential uncertainty 

in the mind of any potential adversary; 

(5) the United States Navy must continue to execute the 

Columbia-class submarine program on time and within budget 

to ensure that the sea-based leg of the nuclear triad of the 

United States is sustained and the program delivers a Common 

Missile Compartment, the Trident II (D5) Strategic Weapon 

System, and associated equipment and production capabilities, 

to support the successful development and deployment of the 

Dreadnought submarines of the United Kingdom; 

(6) the support that the United Kingdom provides to deployments of strategic ships and aircraft of the United States at 

specialized facilities enables a vital part of the deterrence posture of the United States as well as mutual deterrence of 


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adversaries and assurance to the allies and partners of the 

United States; and 

(7) the collaboration of the United Kingdom with the United 

States on the military use of atomic energy ensures a peer 

in the technology and science of nuclear weapons and provides 

independent expert peer review of the nuclear programs of 

the United States, ensuring resilience and cost effectiveness 

to the nuclear defense programs of both nations. 

Subtitle E—Missile Defense Programs 

SEC. 1676. ADMINISTRATION OF MISSILE DEFENSE AND DEFEAT PROGRAMS. 

(a) MAJOR FORCE PROGRAM.— 

(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 239a. Missile defense and defeat programs: major force 

program and budget assessment 

‘‘(a) ESTABLISHMENT OF MAJOR FORCE PROGRAM.—The Secretary of Defense shall establish a unified major force program 

for missile defense and defeat programs pursuant to section 222(b) 

of this title to prioritize missile defense and defeat programs in 

accordance with the requirements of the Department of Defense 

and national security. 

‘‘(b) BUDGET ASSESSMENT.—(1) The Secretary shall include with 

the defense budget materials for each of fiscal years 2019 through 

2023 a report on the budget for missile defense and defeat programs 

of the Department of Defense. 

‘‘(2) Each report on the budget for missile defense and defeat 

programs of the Department under paragraph (1) shall include 

the following: 

‘‘(A) An overview of the budget, including— 

‘‘(i) a comparison between that budget, the previous 

budget, the most recent and prior future-years defense 

program submitted to Congress under section 221 of this 

title (such comparison shall exclude the responsibility for 

research and development of the continuing improvement 

of such missile defense and defeat program), and the 

amounts appropriated for such missile defense and defeat 

programs during the previous fiscal year; and 

‘‘(ii) the specific identification, as a budgetary line item, 

for the funding under such programs. 

‘‘(B) An assessment of the budget, including significant 

changes, priorities, challenges, and risks. 

‘‘(C) Any additional matters the Secretary determines 

appropriate. 

‘‘(3) Each report under paragraph (1) shall be submitted in 

unclassified form, but may include a classified annex. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(2) The term ‘defense budget materials’, with respect to 

a fiscal year, means the materials submitted to Congress by 

10 USC 239a. 


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the Secretary of Defense in support of the budget for that 

fiscal year. 

‘‘(3) The term ‘missile defense and defeat programs’ means 

active and passive ballistic missile defense programs, cruise 

missile defense programs for the homeland, and missile defeat 

programs.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 239 the following new item: 

‘‘239a. Missile defense and defeat programs: major force program and budget assessment.’’. 

(b) TRANSITION OF BALLISTIC MISSILE DEFENSE PROGRAMS TO

MILITARY DEPARTMENTS.— (1) REQUIREMENT.—Not later than the date on which the 

budget of the President for fiscal year 2021 is submitted under 

section 1105 of title 31, United States Code, the Secretary 

of Defense shall transfer the acquisition authority and the 

total obligational authority for each missile defense program 

described in paragraph (2) from the Missile Defense Agency 

to a military department. 

(2) MISSILE DEFENSE PROGRAM DESCRIBED.—A missile 

defense program described in this paragraph is a missile 

defense program of the Missile Defense Agency that, as of 

the date specified in paragraph (1), has received Milestone 

C approval (as defined in section 2366 of title 10, United 

States Code). 

(3) REPORT.— 

(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 on the plans of the Department of Defense for the 

transition of missile defense programs from the Missile 

Defense Agency to the military departments pursuant to 

paragraph (1). 

(B) SCOPE.—The report under subparagraph (A) shall 

cover the period covered by the future-years defense program that is submitted under section 221 of title 10, United 

States Code, in the year in which such report is submitted. 

(C) MATTERS INCLUDED.—The report under subparagraph (A) shall include the following: 

(i) An identification of— 

(I) the missile defense programs planned to 

be transitioned from the Missile Defense Agency 

to the military departments; and 

(II) the missile defense programs, if any, not 

planned for transition to the military departments. 

(ii) The schedule for transition of each missile 

defense program planned to be transitioned to a military department, and an explanation of such schedule. 

(iii) A description of— 

(I) the status of the plans of the Missile 

Defense Agency and the military departments for 

the transition of missile defense programs from 

that agency to the military departments; and 

(II) the status of any agreement between the 

Missile Defense Agency and one or more of the 

10 USC 2431 

note. 

10 USC 221 prec. 


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military departments on the transition of any such 

program from that agency to the military departments, including any agreement on the operational 

test criteria that must be achieved before such 

transition. 

(iv) An identification of the element of the Department of Defense (whether the Missile Defense Agency, 

a military department, or both) that will be responsible 

for funding each missile defense program to be 

transitioned to a military department, and at what 

date. 

(v) A description of the type of funds that will 

be used (whether funds for research, development, test, 

and evaluation, procurement, military construction, or 

operation and maintenance) for each missile defense 

program to be transitioned to a military department. 

(vi) An explanation of the number of systems 

planned for procurement for each missile defense program to be transitioned to a military department, and 

the schedule for procurement of each such system. 

(vii) A description of how the Missile Defense 

Agency will continue the responsibility for the research 

and development of improvements to missile defense 

programs. 

(c) ROLE OF MISSILE DEFENSE AGENCY.— 

(1) IN GENERAL.—Chapter 8 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 205. Missile Defense Agency 

‘‘(a) TERM OF DIRECTOR.—The Director of the Missile Defense 

Agency shall be appointed for a six-year term. 

‘‘(b) REPORTING.—The Missile Defense Agency shall be under 

the authority, direction, and control of the Under Secretary of 

Defense for Research and Engineering.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter II of such chapter is amended by 

adding at the end the following new item: 

‘‘205. Missile Defense Agency.’’. 

(3) APPLICATION.— 

(A) TERMS.—Subsection (a) of section 205 of title 10, 

United States Code, as added by paragraph (1), shall apply 

the day following the date on which the present incumbent 

in the office of the Director of the Missile Defense Agency, 

as of the date of the enactment of this Act, ceases to 

serve as such. 

(B) REPORTING.—Subsection (b) of such section 205 

shall apply beginning on February 1, 2018. In carrying 

out such subsection, the Missile Defense Agency shall be 

under the authority, direction, and control of the Under 

Secretary of Defense for Research and Engineering in the 

same manner as the Missile Defense Agency was under 

the authority, direction, and control of the Under Secretary 

of Defense for Acquisition, Technology, and Logistics pursuant to Department of Defense Directive 5134.09. Any reference in such Instruction to the Under Secretary of 

Defense for Acquisition, Technology, and Logistics shall 

10 USC 205 note. 

10 USC 191 prec. 

10 USC 205. 


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be deemed to be a reference to the Under Secretary of 

Defense for Research and Engineering, including with 

respect to the Under Secretary serving as the chairman 

of the Missile Defense Executive Board. 

SEC. 1677. CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL 

PRODUCTION. 

(a) INCLUSION OF BALLISTIC MISSILE DEFENSE SYSTEM.—Section 

2399(a)(1) of title 10, United States Code, is amended— 

(1) by striking ‘‘or a covered designated major subprogram’’ 

and inserting ‘‘, a covered designated major subprogram, or 

an element of the ballistic missile defense system’’; and 

(2) by striking ‘‘program or subprogram’’ and inserting 

‘‘program, subprogram, or element’’. 

(b) RULE OF CONSTRUCTION.—Section 1662(e) 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. 2431 

note) is amended by inserting before the period at the end the 

following: ‘‘, or to diminish the authority of the Secretary of Defense 

to deploy a missile defense system at the date on which the Secretary determines appropriate’’. 

SEC. 1678. PRESERVATION OF THE BALLISTIC MISSILE DEFENSE 

CAPACITY OF THE ARMY. 

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2018 or any fiscal year thereafter for the Army may be obligated 

or expended to demilitarize any GEM–T interceptor or remove 

any such interceptor from the operational inventory of the Army 

until the date on which the Secretary of the Army submits to 

the congressional defense committees the plan under subsection 

(b). 

(b) PLAN.—Not later than 120 days after the date of the enactment of this Act, the Secretary and the Chief of Staff of the 

Army shall jointly submit to the congressional defense committees 

a plan to maintain an inventory of interceptors necessary to retain 

the capability provided by GEM–T interceptors, including the costs, 

milestones, and timelines to carry out such plan. 

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

to activities that the Secretary determines are critical to the safety 

of GEM–T interceptors. 

(d) GEM–T INTERCEPTOR DEFINED.—In this section, the term 

‘‘GEM–T interceptor’’ means the Patriot guidance enhanced missile 

TBM. 

SEC. 1679. MODERNIZATION OF ARMY LOWER TIER AIR AND MISSILE 

DEFENSE SENSOR. 

(a) APPROVAL OF ACQUISITION STRATEGY.— 

(1) IN GENERAL.—Not later than September 15, 2018, the 

Secretary of the Army shall issue an acquisition strategy for 

a 360-degree lower tier air and missile defense sensor that 

achieves initial operating capability by not later than December 

31, 2023. 

(2) REQUIREMENTS.—The acquisition strategy under paragraph (1) shall— 

(A) ensure the use of competitive procedures; 

(B) clearly describe the open-architecture design to 

be used; 


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(C) provide a comprehensive fielding plan that provides 

360-degree lower tier air and missile defense sensor capability to all units of the Army; 

(D) define the operation and sustainment cost savings 

of the acquisition strategy and other acquisition options 

of the Army; 

(E) identify any programmatic cost avoidance that 

could be achieved through co-production, co-development, 

or foreign military sales; 

(F) ensure the fielding of an interim gap-filler capability to the highest priority forces (consisting of not less 

than three battalions) for imminent threats; and 

(G) identify the estimated cost to field both the 360- 

degree lower tier air and missile defense sensor capability 

and the interim capability pursuant to subparagraph (E). 

(3) LIMITATION.—If the Secretary of the Army does not 

issue the acquisition strategy under subsection (a) by September 15, 2018, none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2018 for the lower tier air and missile defense sensor of the 

Army that are unobligated as of such date may be obligated 

or expended. 

(b) CONDITIONAL TRANSFER.— 

(1) MDA.—If the Secretary of the Army does not issue 

the acquisition strategy under subsection (a) by September 

15, 2018, the Secretary of Defense shall transfer from the 

Secretary of the Army to the Director of the Missile Defense 

Agency— 

(A) the responsibility to issue the acquisition strategy 

described in subsection (a) by not later than August 15, 

2019; and 

(B) the responsibility to implement such acquisition 

strategy to procure a 360-degree lower tier air and missile 

defense sensor. 

(2) ARMY.—If the Secretary of Defense carries out the 

transfer under paragraph (1), after the 360-degree lower tier 

air and missile defense sensor achieves Milestone B approval 

(or equivalent), but before such sensor achieves Milestone C 

approval (or equivalent), the Secretary of Defense shall transfer 

from the Director of the Missile Defense Agency to the Secretary 

of the Army the responsibility to procure such sensor. 

(c) DEFINITIONS.—The terms ‘‘Milestone B approval’’ and ‘‘Milestone C approval’’ have the meanings given those terms in section 

2366 of title 10, United States Code. 

SEC. 1680. DEFENSE OF HAWAII FROM NORTH KOREAN BALLISTIC MISSILE ATTACK. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) expanding persistent midcourse and terminal ballistic 

missile defense system discrimination capability is critically 

important to the defense of the United States; and 

(2) the Department of Defense should take all appropriate 

steps to ensure Hawaii has missile defense coverage against 

the evolving ballistic missile threat, including from North 

Korea. 

(b) SEQUENCED APPROACH.—The Secretary of Defense shall— 


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(1) protect the test and training operations of the Pacific 

Missile Range Facility; and 

(2) assess the siting and functionality of a discrimination 

radar for homeland defense throughout the Hawaiian Islands 

before assessing the feasibility of improving the missile defense 

of Hawaii by using existing missile defense assets that could 

materially improve the defense of Hawaii. 

(c) TEST.—The Director of the Missile Defense Agency shall— 

(1) not later than December 31, 2020, conduct a test to 

evaluate and demonstrate, if technologically feasible, the capability to defeat a simple intercontinental ballistic missile threat 

using the standard missile 3 block IIA missile interceptor; 

and 

(2) as part of the integrated master test plan for the ballistic missile defense system, develop a plan to demonstrate 

a capability to defeat a complex intercontinental ballistic missile 

threat, including a complex threat posed by the intercontinental 

ballistic missiles of North Korea. 

(d) REPORT.—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— 

(1) that indicates whether demonstrating an intercontinental ballistic missile defense capability against North Korean 

ballistic missiles by the standard missile 3 block IIA missile 

interceptor poses any risks to strategic stability; and 

(2) if the Secretary determines under paragraph (1) that 

such demonstration poses such risks to strategic stability, a 

description of the plan developed and implemented by the Secretary to address and mitigate such risks, as determined appropriate by the Secretary. 

SEC. 1681. DESIGNATION OF LOCATION OF CONTINENTAL UNITED 

STATES INTERCEPTOR SITE. 

If consistent with the direction or recommendations of the 

Ballistic Missile Defense Review that commenced in 2017, not later 

than 60 days after the date on which the Ballistic Missile Defense 

Review is published, the Secretary of Defense shall— 

(1) designate the preferred location of a potential additional 

continental United States interceptor site; 

(2) in making such designation, consider— 

(A) strategic and operational effectiveness, including 

with respect to the location that is the most advantageous 

site to the continental United States, including by having 

the capability to provide shoot-assess-shoot coverage to the 

entire continental United States; 

(B) existing infrastructure at the location; and 

(C) costs to construct, equip, and operate; and 

(3) submit to the congressional defense committees a report 

on the designation made under paragraph (1) with respect 

to each factor specified in subparagraphs (A), (B), and (C) 

of such paragraph. 

SEC. 1682. AEGIS ASHORE ANTI-AIR WARFARE CAPABILITY. 

(a) AUTHORIZATION.—Subject to the availability of funds authorized to be appropriated by sections 101 and 201 of this Act or 

otherwise made available for fiscal year 2018 for procurement and 

research, development, test, and evaluation, as specified in the 

funding tables in division D, the Secretary of Defense shall continue 


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the development, procurement, and deployment of anti-air warfare 

capabilities at each Aegis Ashore site in Romania and Poland. 

The Secretary shall ensure the deployment of such capabilities— 

(1) at such sites in Romania by not later than one year 

after the date of the enactment of this Act; and 

(2) at such sites in Poland by not later than one year 

after the declaration of operational status for such sites. 

(b) REPROGRAMMING AND TRANSFERS.—Any reprogramming or 

transfer made to carry out subsection (a) shall be carried out 

in accordance with established procedures for reprogramming or 

transfers. 

SEC. 1683. DEVELOPMENT OF PERSISTENT SPACE-BASED SENSOR 

ARCHITECTURE. 

(a) IN GENERAL.—If consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017, the Director of the Missile Defense Agency shall 

develop, using sound acquisition practices, a highly reliable and 

cost-effective persistent space-based sensor architecture capable of 

supporting the ballistic missile defense system. 

(b) TESTING AND DEPLOYMENT.—The Director shall ensure that 

the sensor architecture developed under subsection (a) is rigorously 

tested before final production decisions or operational deployment. 

(c) FUNCTIONS.—The sensor architecture developed under subsection (a) shall include one or more of the following functions: 

(1) Control of increased raid sizes. 

(2) Precision tracking of threat missiles. 

(3) Fire-control-quality tracks of evolving threat missiles. 

(4) Enabling of launch-on-remote and engage-on-remote 

capabilities. 

(5) Discrimination of warheads. 

(6) Effective kill assessment. 

(7) Enhanced shot doctrine. 

(8) Integration with the command, control, battle management, and communication program of the ballistic missile 

defense system. 

(9) Integration with all other elements of the current ballistic missile defense system, including the Terminal High Altitude Area Defense, Aegis Ballistic Missile Defense, Aegis 

Ashore, and Patriot Air and Missile Defense systems. 

(10) Such additional functions as determined by the Ballistic Missile Defense Review. 

(d) COST ESTIMATES.—Whenever the Director develops a cost 

estimate for the sensor architecture required by subsection (a), 

the Director shall use— 

(1) the cost-estimating and assessment guide of the Comptroller General of the United States titled ‘‘GAO Cost Estimating and Assessment Guide’’ (GAO–09–3SP), or a successor 

guide; or 

(2) the most current operating and support cost-estimating 

guide of the Office of Cost Assessment and Program Evaluation. 

(e) PLAN.—Not later than one year after the date of the enactment of this Act, the Director shall submit to the appropriate 

congressional committees a plan that includes— 

(1) how the Director will develop the sensor architecture 

under subsection (a), including with respect to the estimated 

costs (in accordance with subsection (d)) to develop, acquire, 

10 USC 2431 

note. 


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and deploy, and the lifecycle costs to operate and sustain, 

the sensor architecture; 

(2) an assessment of the maturity of critical technologies 

necessary to make operational such sensor architecture, and 

recommendations for any research and development activities 

to rapidly mature such technologies; 

(3) an assessment of what capabilities such sensor architecture can contribute that other sensor architectures do not contribute; 

(4) how the Director will leverage the use of national technical means, commercially available space and terrestrial 

capabilities, hosted payloads, small satellites, and other 

capabilities to carry out subsection (a); and 

(5) any other matters the Director determines appropriate. 

(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of the 

House of Representatives. 

SEC. 1684. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND 

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND CO-PRODUCTION. 

(a) 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 2018 for procurement, Defense-wide, and available 

for the Missile Defense Agency, not more than $92,000,000 

may be provided to the Government of Israel to procure Tamir 

interceptors for the Iron Dome short-range rocket defense 

system through co-production of such interceptors 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 

Procurement, signed on March 5, 2014, as amended to 

include co-production for Tamir interceptors. In negotiations by the Missile Defense Agency and the Missile 

Defense Organization of the Government of Israel 

regarding such production, the goal of the United States 

is to maximize opportunities for co-production of the Tamir 

interceptors described in paragraph (1) in the United States 

by industry of the United States. 

(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 


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being implemented as provided in such agreement; 

and 

(ii) an assessment detailing any risks relating to 

the implementation of such agreement. 

(b) 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 2018 for procurement, Defense-wide, and available for the Missile Defense 

Agency not more than $120,000,000 may be provided to the 

Government of Israel 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. 

(c) 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 2018 for procurement, Defense-wide, and available for the Missile Defense 

Agency not more than $120,000,000 may be provided to the 

Government of Israel 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 

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 Development 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— 


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(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. 

(d) NUMBER.—In carrying out paragraph (2) of subsection (b) 

and paragraph (2) of subsection (c), 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. 

(e) TIMING.—The Under Secretary shall submit to the congressional defense committees the certifications under paragraph (2) 

of subsection (b) and paragraph (2) of subsection (c) by not later 

than 60 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. 

(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 


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(2) The Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives. 

SEC. 1685. BOOST PHASE BALLISTIC MISSILE DEFENSE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that, 

if consistent with the direction or recommendations of the Ballistic 

Missile Defense Review that commenced in 2017— 

(1) the Secretary of Defense should rapidly develop and 

demonstrate a boost phase intercept capability for missile 

defense as soon as practicable; 

(2) existing technologies should be adapted to demonstrate 

this capability; 

(3) the concept of operation for this demonstration should 

be developed in cooperation with the United States Pacific 

Command to address emerging threats and heightened tensions 

in the Asia-Pacific region; and 

(4) the Secretary should prioritize funding allocations for 

the development of boost phase intercept capabilities and 

coordinate these efforts with the Missile Defense Agency as 

the Agency develops a space-based missile defense sensor layer. 

(b) INITIAL OPERATIONAL DEPLOYMENT.—The Secretary of 

Defense shall ensure that an effective interim kinetic or directed 

energy boost phase ballistic missile defense capability is available 

for initial operational deployment as soon as practicable. 

(c) PLAN.—Together with the budget of the President submitted 

to Congress under section 1105(a) of title 31, United States Code, 

for fiscal year 2019, the Secretary of Defense shall submit to the 

congressional defense committees a plan to achieve the requirement 

in subsection (b). Such plan shall include— 

(1) the budget requirements; 

(2) a robust test schedule; and 

(3) a plan to develop an enduring boost phase ballistic 

missile defense capability, including cost and test schedule. 

SEC. 1686. GROUND-BASED INTERCEPTOR CAPABILITY, CAPACITY, AND 

RELIABILITY. 

(a) INCREASE IN CAPACITY AND CONTINUED ADVANCEMENT.— 

The Secretary of Defense may— 

(1) subject to the amounts authorized to be appropriated 

for national missile defense, increase the number of the groundbased interceptors of the United States by up to 28, if consistent 

with the direction or recommendations of the Ballistic Missile 

Defense Review that commenced in 2017; 

(2) develop a plan to further increase such number to 

the currently available missile field capacity of 104 and to 

plan for any future capacity at any site that may be identified 

by such Ballistic Missile Defense Review; and 

(3) continue to rapidly advance missile defense technologies 

to improve the capability and reliability of the ground-based 

midcourse defense element of the ballistic missile defense 

system. 

(b) DEPLOYMENT.—Not later than December 31, 2021, the Secretary of Defense may— 

(1) execute any requisite construction to ensure that Missile 

Field 1 or Missile Field 2 at Fort Greely, Alaska, or alternative 

missile fields at Fort Greely which may be identified pursuant 

10 USC 2431 

note. 

10 USC 2431 

note. 


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to subsection (a), are capable of supporting and sustaining 

additional ground-based interceptors; and 

(2) deploy up to 20 additional ground-based interceptors 

to a missile field at Fort Greely as soon as technically feasible. 

(c) REPORT.— 

(1) IN GENERAL.—If consistent with the direction or recommendations of the Ballistic Missile Defense Review that 

commenced in 2017, the Director of the Missile Defense Agency 

shall submit to the congressional defense committees, not later 

than 90 days after the date on which the Ballistic Missile 

Defense Review is published, a report on options to increase 

the capability, capacity, and reliability of the ground-based 

midcourse defense element of the ballistic missile defense 

system and the infrastructure requirements for increasing the 

number of ground-based interceptors in currently feasible locations across the United States. 

(2) CONTENTS.—The report under paragraph (1) shall 

include the following: 

(A) An identification of potential sites in the United 

States, whether existing or new on the East Coast or in 

the Midwest, for the deployment of 104 ground-based interceptors. 

(B) A cost-benefit analysis of each such site, including 

with respect to tactical, operational, and cost-to-construct 

considerations. 

(C) A description of any completed and outstanding 

environmental assessments or impact statements for each 

such site. 

(D) A description of the additional infrastructure and 

components needed to further outfit missile fields at Fort 

Greely before emplacing additional ground-based interceptors configured with the redesigned kill vehicle, including 

with respect to ground excavation, silos, utilities, and support equipment. 

(E) A cost estimate of such infrastructure and components. 

(F) An estimated schedule for completing such 

construction as may be required for such infrastructure 

and components. 

(G) An identification of any environmental assessments 

or impact studies that would need to be conducted to 

expand such missile fields at Fort Greely beyond current 

capacity. 

(H) A determination of the appropriate fleet mix of 

ground-based interceptor kill vehicles and boosters to maximize overall system effectiveness and increase its capacity 

and capability, including the costs and benefits of continued 

inclusion of capability enhancement II block 1 interceptors 

after the fielding of the redesigned kill vehicle. 

(3) FORM.—The report submitted under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 


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SEC. 1687. LIMITATION ON AVAILABILITY OF FUNDS FOR GROUNDBASED MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2018 for the ground-based 

midcourse defense element of the ballistic missile defense system, 

$50,000,000 may not be obligated or expended until the date on 

which the Director of the Missile Defense Agency submits to the 

congressional defense committees a written certification that the 

risk of mission failure of ground-based midcourse interceptor 

enhanced kill vehicles due to foreign object debris has been minimized. 

SEC. 1688. PLAN FOR DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE INTERCEPT LAYER. 

(a) DEVELOPMENT.—If consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017, the Director of the Missile Defense Agency shall 

develop a space-based ballistic missile intercept layer to the ballistic 

missile defense system that is— 

(1) regionally focused; 

(2) capable of providing boost-phase defense; and 

(3) achieves an operational capability at the earliest practicable date. 

(b) SPACE-BASED BALLISTIC MISSILE INTERCEPT LAYER PLAN.— 

If the Director carries out subsection (a), not later than one year 

after the date of the enactment of this Act, the Director shall 

submit to the appropriate congressional committees a plan to carry 

out subsection (a) during the 10-year period following the date 

of the plan. Such plan shall include the following: 

(1) A concept definition phase consisting of multiple 

awarded contracts to identify feasible solutions consistent with 

architectural principles, performance goals, and price points 

established by the Director, such as contracts relating to— 

(A) refined requirements; 

(B) conceptual designs; 

(C) technology readiness assessments; 

(D) critical technical and operational issues; 

(E) cost, schedule, performance estimates; and 

(F) risk reduction plans. 

(2) A technology risk reduction phase consisting of up to 

three competitively awarded contracts focused on maturing, 

integrating, and characterizing key technologies, algorithms, 

components, and subsystems, such as contracts relating to— 

(A) refined concepts and designs; 

(B) engineering trade studies; 

(C) medium-to-high fidelity digital representations of 

the space-based ballistic missile intercept weapon system; 

and 

(D) a proposed integration and test sequence that could 

potentially lead to a live-fire boost phase intercept during 

fiscal year 2022, if the technology has reached sufficient 

maturity and is economically viable. 

(3) During the technology risk reduction phase, contractors 

will define proposed demonstrations to a preliminary design 

review level prior to a technology development phase downselect. 

10 USC 2431 

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(4) A technology development phase consisting of two 

competitively awarded contracts to mature the preferred spacebased ballistic missile intercept weapon system concepts and 

to potentially conduct a live-fire boost phase intercept fly-off 

during fiscal year 2022, if the technology has reached sufficient 

maturity and is economically viable, with brassboard hardware 

and prototype software on a path to the operational goal. 

(5) A concurrent space-based ballistic missile intercept 

weapon system fire control test bed activity that incrementally 

incorporates modeling and simulation elements, real-world 

data, hardware, algorithms, and systems to evaluate with 

increasing confidence the performance of evolving designs and 

concepts of such weapon system from target detection to intercept. 

(6) Any other matters the Director determines appropriate. 

(c) ESTABLISHMENT OF SPACE TEST BED.—In carrying out subsection (a), the Director of the Missile Defense Agency shall establish a space test bed to— 

(1) conduct research and development regarding options 

for a space-based defensive layer, including with respect to 

space-based interceptors and directed energy platforms; and 

(2) identify the most cost-efficient and promising technological solutions to implementing such layer. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; and 

(2) the Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of the 

House of Representatives. 

SEC. 1689. SENSE OF CONGRESS ON THE STATE OF THE MISSILE 

DEFENSE OF THE UNITED STATES. 

It is the sense of Congress that— 

(1) the Secretary of Defense should use the Ballistic Missile 

Defense Review that commenced in 2017 to consider accelerating the development of technologies that will increase the 

capacity, capability, and reliability of the ground-based midcourse defense element of the ballistic missile defense system; 

(2) upon completion of the Ballistic Missile Defense Review, 

the Director of the Missile Defense Agency should, to the extent 

practicable and with sound acquisition practices, accelerate the 

development, testing, and fielding of such capabilities as they 

are prioritized in the Ballistic Missile Defense Review, with 

respect to the redesigned kill vehicle, the multi-object kill 

vehicle, the C3 booster, a space-based sensor layer, boost phase 

sensor and kill technologies, and additional ground-based interceptors; and 

(3) in order to achieve these objectives, and to avoid postproduction and post-deployment problems, it is essential for 

the Department of Defense and the Missile Defense Agency 

to follow a ‘‘fly before you buy’’ approach to adequately test 

and assess the elements of the ballistic missile defense system 

before final production decisions or operational deployment. 

SEC. 1690. SENSE OF CONGRESS AND REPORT ON GROUND-BASED MIDCOURSE DEFENSE TESTING. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 


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(1) at a minimum, the Missile Defense Agency should continue to flight test the ground-based midcourse defense element 

at least once each fiscal year; 

(2) the Department of Defense should allocate increased 

funding to homeland missile defense testing to ensure that 

the defenses of the United States continue to evolve faster 

than the threats against which they are postured to defend, 

while pursuing a sound acquisition practice; 

(3) in order to rapidly innovate, develop, and field new 

technologies, the Director of the Missile Defense Agency should 

continue to focus testing campaigns on delivering increased 

capabilities to the Armed Forces as quickly as possible; and 

(4) the Director should seek to establish a more prudent 

balance between risk mitigation and the more rapid testing 

pace needed to quickly develop and deliver new capabilities 

to the Armed Forces. 

(b) REPORT.— 

(1) IN GENERAL.—If consistent with the direction or recommendations of the Ballistic Missile Defense Review that 

commenced in 2017, not later than 90 days after the date 

on which the Review is published, the Director of the Missile 

Defense Agency shall submit to the congressional defense 

committees a revised missile defense testing campaign plan 

that accelerates the development and deployment of new missile 

defense technologies. 

(2) CONTENTS.—The report under paragraph (1) shall 

include the following: 

(A) A detailed analysis of the acceleration of each of 

following programs: 

(i) Redesigned kill vehicle. 

(ii) Multi-object kill vehicle. 

(iii) Configuration-3 Booster. 

(iv) Such additional technologies as the Director 

considers appropriate. 

(B) A new deployment timeline for each of the programs listed in subparagraph (A) or a detailed description 

of why the current timeline for deployment technologies 

under those programs is most suitable. 

(C) An identification of any funding or policy restrictions that would slow down the deployment of the technologies under the programs listed in subparagraph (A). 

(D) A risk assessment of the potential cost-overruns 

and deployment delays that may be encountered in the 

expedited development process of the capabilities under 

paragraph (1). 

(c) REPORT ON FUNDING PROFILE.—The Director shall include 

with the budget justification materials submitted to Congress in 

support of the budget of the Department of Defense for fiscal 

year 2019 (as submitted with the budget of the President under 

section 1105(a) of title 31, United States Code) a report on the 

funding profile necessary for the new testing campaign plan 

required by subsection (b)(1). 


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Subtitle F—Other Matters 

SEC. 1691. COMMISSION TO ASSESS THE THREAT TO THE UNITED 

STATES FROM ELECTROMAGNETIC PULSE ATTACKS AND 

SIMILAR EVENTS. 

(a) ESTABLISHMENT.—There is hereby established a commission 

to be known as the ‘‘Commission to Assess the Threat to the 

United States from Electromagnetic Pulse Attacks and Similar 

Events’’ (hereafter in this section referred to as the ‘‘Commission’’). 

The purpose of the Commission is to assess and make recommendations with respect to the threat to the United States from electromagnetic pulse attacks and similar events. 

(b) COMPOSITION.— 

(1) MEMBERSHIP.—The Commission shall be composed of 

12 members appointed as follows: 

(A) Three members appointed by the chair of the Committee on Armed Services of the House of Representatives. 

(B) Three members appointed by the ranking minority 

member of the Committee on Armed Services of the House 

of Representatives. 

(C) Three members appointed by the chair of the Committee on Armed Services of the Senate. 

(D) Three members appointed by the ranking minority 

member of the Committee on Armed Services of the Senate. 

(2) CHAIR AND VICE CHAIR.— 

(A) CHAIR.—The chair of the Committee on Armed 

Services of the House of Representatives and the chair 

of the Committee on Armed Services of the Senate shall 

jointly designate one member of the Commission to serve 

as chair of the Commission. 

(B) VICE CHAIR.—The ranking minority member of the 

Committee on Armed Services of the House of Representatives and the ranking minority member of the Committee 

on Armed Services of the Senate shall jointly designate 

one member of the Commission to serve as vice chair 

of the Commission. 

(3) SECURITY CLEARANCE REQUIRED.—Each individual 

appointed as a member of the Commission shall possess (or 

have recently possessed before the date of such appointment) 

the appropriate security clearance necessary to carry out the 

duties of the Commission. 

(4) QUALIFICATION.—Members of the Commission shall be 

appointed from among private United States citizens with 

knowledge and expertise in the scientific, technical, and defense 

aspects of electromagnetic pulse threats, geomagnetic disturbances, and related vulnerabilities. 

(5) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the Commission. Any vacancy in 

the Commission shall be filled in the same manner as the 

original appointment. 

(c) DUTIES.— 

(1) REVIEW AND ASSESSMENT.—The Commission shall 

review and assess— 

(A) the nature, magnitude, and likelihood of potential 

electromagnetic pulse (hereafter in section referred to as 

‘‘EMP’’) attacks and similar events, including geomagnetic 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1787 

disturbances, both manmade and natural, that could be 

directed at or affect the United States within the next 

20 years; 

(B) the vulnerability of United States military and 

civilian systems to EMP attacks and similar events, 

including with respect to emergency preparedness and 

immediate response; 

(C) the capability of the United States to repair and 

recover from damage inflicted on United States military 

and civilian systems by EMP attacks and similar events; 

and 

(D) the feasibility and cost of hardening critical military and civilian systems against EMP attack and similar 

events. 

(2) RECOMMENDATIONS.—The Commission shall recommend 

any actions it believes should be taken by the United States 

to better prepare, prevent, mitigate, or recover military and 

civilian systems with respect to EMP attacks and similar 

events. 

(d) COOPERATION FROM GOVERNMENT.— 

(1) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, the Secretary of 

Homeland Security, and the pertinent heads of any other Federal agency in providing the Commission with analysis, 

briefings, and other information necessary for the fulfillment 

of its responsibilities. 

(2) LIAISON.—Each Secretary specified in paragraph (1) 

shall designate at least one officer or employee of the respective 

department of the Secretary to serve as a liaison officer between 

the Department and the Commission. 

(e) REPORT.— 

(1) FINAL REPORT.— 

(A) IN GENERAL.—Not later than April 1, 2019, the 

Commission shall submit to the President, the Secretary 

of Defense, the Committee on Armed Services of the House 

of Representatives, and the Committee on Armed Services 

of the Senate a report on the findings, conclusions, and 

recommendations of the Commission. 

(B) FORM OF REPORT.—The report submitted to Congress under subparagraph (A) shall be submitted in 

unclassified form, but may include a classified annex. 

(2) VIEWS OF THE SECRETARY.—Not later than 90 days 

after the submittal of the report under paragraph (1), the 

Secretary of Defense shall submit to the Committee on Armed 

Services of the House of Representatives and the Committee 

on Armed Services of the Senate a report that contains the 

views of the Secretary with respect to the findings, conclusions, 

and recommendations of the Commission and any actions the 

Secretary intends to take as a result. 

(3) INTERIM BRIEFING.—Not later than October 1, 2018, 

the Commission shall provide to the Committee on Armed 

Services of the House of Representatives and the Committee 

on Armed Services of the Senate a briefing on the status 

of the activities of the Commission, including a discussion of 

any interim recommendations. 


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131 STAT. 1788 PUBLIC LAW 115–91—DEC. 12, 2017 

(f) FUNDING.—Of the amounts authorized to be appropriated by this Act for the Department of Defense, $3,000,000 is available 

to fund the activities of the Commission, as specified in the funding 

tables in division D. 

(g) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.—The 

Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 

the Commission. 

(h) TERMINATION.—The Commission shall terminate on October 

1, 2019. 

(i) REPEAL.—Title XIV of Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (Public Law 106–398) is 

repealed. 

SEC. 1692. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 

UNMANNED AIRCRAFT. 

Section 130i of title 10, United States Code, is amended to 

read as follows: 

‘‘§ 130i Protection of certain facilities and assets from 

unmanned aircraft 

‘‘(a) AUTHORITY.—Notwithstanding section 46502 of title 49, 

or any provision of title 18, the Secretary of Defense may take, 

and may authorize members of the armed forces and officers and 

civilian employees of the Department of Defense with assigned 

duties that include safety, security, or protection of personnel, facilities, or assets, to take, such actions described in subsection (b)(1) 

that are necessary to mitigate the threat (as defined by the Secretary of Defense, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft 

poses to the safety or security of a covered facility or asset. 

‘‘(b) ACTIONS DESCRIBED.—(1) The actions described in this 

paragraph are the following: 

‘‘(A) Detect, identify, monitor, and track the unmanned 

aircraft system or unmanned aircraft, without prior consent, 

including by means of intercept or other access of a wire 

communication, an oral communication, or an electronic 

communication used to control the unmanned aircraft system 

or unmanned aircraft. 

‘‘(B) Warn the operator of the unmanned aircraft system 

or unmanned aircraft, including by passive or active, and direct 

or indirect physical, electronic, radio, and electromagnetic 

means. 

‘‘(C) Disrupt control of the unmanned aircraft system or 

unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft 

by intercepting, interfering, or causing interference with wire, 

oral, electronic, or radio communications used to control the 

unmanned aircraft system or unmanned aircraft. 

‘‘(D) Seize or exercise control of the unmanned aircraft 

system or unmanned aircraft. 

‘‘(E) Seize or otherwise confiscate the unmanned aircraft 

system or unmanned aircraft. 

‘‘(F) Use reasonable force to disable, damage, or destroy 

the unmanned aircraft system or unmanned aircraft. 

‘‘(2) The Secretary of Defense shall develop the actions described 

in paragraph (1) in coordination with the Secretary of Transportation. 

50 USC 2301 

note. 


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‘‘(c) FORFEITURE.—Any unmanned aircraft system or unmanned 

aircraft described in subsection (a) that is seized by the Secretary 

of Defense is subject to forfeiture to the United States. 

‘‘(d) REGULATIONS AND GUIDANCE.—(1) The Secretary of Defense 

and the Secretary of Transportation may prescribe regulations and 

shall issue guidance in the respective areas of each Secretary to 

carry out this section. 

‘‘(2)(A) The Secretary of Defense and the Secretary of Transportation shall coordinate in the development of guidance under paragraph (1). 

‘‘(B) The Secretary of Defense shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance or otherwise implementing this section if such guidance or implementation might 

affect aviation safety, civilian aviation and aerospace operations, 

aircraft airworthiness, or the use of airspace. 

‘‘(e) PRIVACY PROTECTION.—The regulations prescribed or guidance issued under subsection (d) shall ensure that— 

‘‘(1) the interception or acquisition of, or access to, communications to or from an unmanned aircraft system under this 

section is conducted in a manner consistent with the fourth 

amendment to the Constitution and applicable provisions of 

Federal law; 

‘‘(2) communications to or from an unmanned aircraft 

system are intercepted, acquired, or accessed only to the extent 

necessary to support a function of the Department of Defense; 

‘‘(3) records of such communications are not maintained 

for more than 180 days unless the Secretary of Defense determines that maintenance of such records— 

‘‘(A) is necessary to support one or more functions 

of the Department of Defense; or 

‘‘(B) is required for a longer period to support a civilian 

law enforcement agency or by any other applicable law 

or regulation; and 

‘‘(4) such communications are not disclosed outside the 

Department of Defense unless the disclosure— 

‘‘(A) would fulfill a function of the Department of 

Defense; 

‘‘(B) would support a civilian law enforcement agency 

or the enforcement activities of a regulatory agency of 

the Federal Government in connection with a criminal 

or civil investigation of, or any regulatory action with 

regard to, an action described in subsection (b)(1); or 

‘‘(C) is otherwise required by law or regulation. 

‘‘(f) BUDGET.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for each fiscal 

year after fiscal year 2018, a consolidated funding display that 

identifies the funding source for the actions described in subsection 

(b)(1) within the Department of Defense. The funding display shall 

be in unclassified form, but may contain a classified annex. 

‘‘(g) SEMIANNUAL BRIEFINGS.—(1) On a semiannual basis during 

the five-year period beginning March 1, 2018, the Secretary of 

Defense and the Secretary of Transportation, shall jointly provide 

a briefing to the appropriate congressional committees on the activities carried out pursuant to this section. Such briefings shall 

include— 


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131 STAT. 1790 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(A) policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System; 

‘‘(B) a description of instances where actions described in 

subsection (b)(1) have been taken; 

‘‘(C) how the Secretaries have informed the public as to 

the possible use of authorities under this section; and 

‘‘(D) how the Secretaries have engaged with Federal, State, 

and local law enforcement agencies to implement and use such 

authorities. 

‘‘(2) Each briefing under paragraph (1) shall be in unclassified 

form, but may be accompanied by an additional classified briefing. 

‘‘(h) 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; and 

‘‘(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority 

of the Secretary of Defense under this title. 

‘‘(i) PARTIAL TERMINATION.—(1) Except as provided by paragraph (2), the authority to carry out this section with respect 

to the covered facilities or assets specified in clauses (iv) through 

(viii) of subsection (j)(3) shall terminate on December 31, 2020. 

‘‘(2) The President may extend by 180 days the termination 

date specified in paragraph (1) if before November 15, 2020, the 

President certifies to Congress that such extension is in the national 

security interests of the United States. 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) The term ‘appropriate congressional committees’ 

means— 

‘‘(A) the congressional defense committees; 

‘‘(B) the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Commerce, 

Science, and Transportation of the Senate; and 

‘‘(C) the Permanent Select Committee on Intelligence, 

the Committee on the Judiciary, and the Committee on 

Transportation and Infrastructure of the House of Representatives. 

‘‘(2) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(3) The term ‘covered facility or asset’ means any facility 

or asset that— 

‘‘(A) is identified by the Secretary of Defense, in consultation with the Secretary of Transportation with respect 

to potentially impacted airspace, through a risk-based 

assessment for purposes of this section; 

‘‘(B) is located in the United States (including the 

territories and possessions of the United States); and 

‘‘(C) directly relates to the missions of the Department 

of Defense pertaining to— 

‘‘(i) nuclear deterrence, including with respect to 

nuclear command and control, integrated tactical 

warning and attack assessment, and continuity of 

government; 

‘‘(ii) missile defense; 

‘‘(iii) national security space; 


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‘‘(iv) assistance in protecting the President or the 

Vice President (or other officer immediately next in 

order of succession to the office of the President) pursuant to the Presidential Protection Assistance Act of 

1976 (18 U.S.C. 3056 note); 

‘‘(v) air defense of the United States, including 

air sovereignty, ground-based air defense, and the 

National Capital Region integrated air defense system; 

‘‘(vi) combat support agencies (as defined in paragraphs (1) through (4) of section 193(f) of this title); 

‘‘(vii) special operations activities specified in paragraphs (1) through (9) of section 167(k) of this title; 

‘‘(viii) production, storage, transportation, or 

decommissioning of high-yield explosive munitions, by 

the Department; or 

‘‘(ix) a Major Range and Test Facility Base (as 

defined in section 196(i) of this title). 

‘‘(4) The term ‘defense budget materials’, with respect to 

a fiscal year, means the materials submitted to Congress by 

the Secretary of Defense in support of the budget for that 

fiscal year. 

‘‘(5) The terms ‘electronic communication’, ‘intercept’, ‘oral 

communication’, and ‘wire communication’ have the meanings 

given those terms in section 2510 of title 18. 

‘‘(6) The terms ‘unmanned aircraft’ and ‘unmanned aircraft 

system’ have the meanings given those terms in section 331 

of the FAA Modernization and Reform Act of 2012 (Public 

Law 112–95; 49 U.S.C. 40101 note).’’. 

SEC. 1693. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS 

SYSTEM. 

(a) EARLY OPERATIONAL CAPABILITY.—The Secretary of Defense, 

in coordination with the Chairman of the Joint Chiefs of Staff, 

shall plan to reach early operational capability for the conventional 

prompt strike weapon system by not later than September 30, 

2022. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Chairman of the Joint Chiefs of Staff, 

in consultation with the Chief of Staff of the Army, the Commander 

of the United States European Command, the Commander of the 

United States Pacific Command, and the Commander of the United 

States Strategic Command, shall submit to the congressional 

defense committees a report on the conventional prompt global 

strike weapons system with respect to— 

(1) the required level of resources that is consistent with 

the level of priority assigned to the associated capability gap; 

(2) the estimated period for the delivery of a mediumrange early operational capability, the required level of 

resources necessary to field a medium-range conventional 

prompt global strike weapon within the United States 

(including the territories and possessions of the United States), 

or a similar sea-based system, and a detailed plan consistent 

with the urgency of the associated capability gap across multiple platforms; 

(3) the joint performance requirements that— 

(A) ensure interoperability, where appropriate, between 

and among joint military capabilities; and 


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131 STAT. 1792 PUBLIC LAW 115–91—DEC. 12, 2017 

(B) are necessary, as designated by the Chairman of 

the Joint Chiefs of Staff, to fulfill capability gaps of more 

than one military department, Defense Agency, or other 

element of the Department; and 

(4) in coordination with the Secretary of Defense, any plan 

(including policy options) considered appropriate to address 

any potential risks of ambiguity from the launch or employment 

of such a capability. 

SEC. 1694. BUSINESS CASE ANALYSIS REGARDING AMMONIUM PERCHLORATE. 

(a) IN GENERAL.—The Secretary of Defense, acting through 

the Director of Cost Assessment and Program Evaluation, shall 

conduct a business case analysis regarding the options of the Federal Government to ensure a robust domestic industrial base to 

supply ammonium perchlorate for use in solid rocket motors. Such 

analysis should include assessments of the near- and long-term 

costs, program impacts, opportunities for competition, opportunities 

for redundant or complementary capabilities, and national security 

implications of— 

(1) continuing to rely on one domestic provider; 

(2) supporting development of a second domestic source; 

(3) procuring ammonium perchlorate as Government-furnished material and providing it to all necessary programs; 

and 

(4) such other options as the Secretary determines appropriate. 

(b) ELEMENTS.—The analysis under subsection (a) shall, at 

minimum, include— 

(1) an estimate of all associated costs, including development costs, procurement costs, and qualification and requalification costs (and types of associated testing for requalification), as applicable; 

(2) an assessment of options, under various scenarios, for 

the quantity of ammonium perchlorate that would be required 

by the Department of Defense; and 

(3) the assessment of the Secretary of how the requirements 

for ammonium perchlorate of other Federal agencies impact 

the requirements of the Department of Defense. 

(c) REPORT.—The Secretary shall submit the business case analysis required by subsection (a) to the Comptroller General of the 

United States and the Committees on Armed Services of the Senate 

and House of Representatives by March 1, 2018, along with any 

views of the Secretary. 

(d) REVIEW.—The Comptroller General of the United States 

shall conduct a review of the report submitted by the Secretary 

under subsection (c) and, not later than 30 days after receiving 

such report, provide a briefing on such review to the Committees 

on Armed Services of the Senate and House of Representatives. 

SEC. 1695. REPORT ON INDUSTRIAL BASE FOR LARGE SOLID ROCKET 

MOTORS AND RELATED TECHNOLOGIES. 

(a) REPORT.—Not later than March 1, 2018, the Secretary of 

Defense, in consultation with the Administrator of the National 

Aeronautics and Space Administration, shall submit to the appropriate congressional committees a report on options to ensure a 

robust domestic industrial base for large solid rocket motors, 

including with respect to the critical technologies, subsystems, 


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components, and materials within and relating to such rocket 

motors. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) An assessment of options that would sustain not less 

than two domestic suppliers for— 

(A) large solid rocket motors; 

(B) small liquid-fueled rocket engines; 

(C) aeroshells for reentry vehicles (or reentry bodies); 

(D) strategic radiation-hardened microelectronics; and 

(E) any other critical technologies, subsystems, components, and materials within and relating to large solid 

rocket motors that the Secretary determines appropriate. 

(2) With respect to the sustainment of domestic suppliers 

as described in paragraph (1), the views of the Secretary on— 

(A) such sustainment of not less than two domestic 

suppliers for each item specified in subparagraphs (A) 

through (E) of such paragraph; 

(B) the risks within the industrial base for each such 

item; 

(C) the estimated costs for such sustainment; and 

(D) the opportunities to ensure or promote competition 

within the industrial base for each such item. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives; and 

(2) the Committee on Armed Services of the Senate. 

SEC. 1696. PILOT PROGRAM ON ENHANCING INFORMATION SHARING 

FOR SECURITY OF SUPPLY CHAIN. 

(a) ESTABLISHMENT.—Not later than June 1, 2019, the Secretary 

of Defense shall establish a pilot program to enhance information 

sharing with cleared defense contractors to ensure all source 

information is appropriately, singularly, and exclusively shared for 

the purpose of ensuring the security or integrity of the supply 

chain of covered programs. 

(b) SELECTION.—The Secretary shall select not more than 10 

acquisition or sustainment programs of the Department of Defense 

to participate in the pilot program under subsection (a), of which— 

(1) not fewer than one program shall be related to nuclear 

weapons; 

(2) not fewer than one program shall be related to nuclear 

command, control, and communications; 

(3) not fewer than one program shall be related to continuity of government; 

(4) not fewer than one program shall be related to ballistic 

missile defense; 

(5) not fewer than one program shall be related to other 

command and control systems; and 

(6) not fewer than one program shall be related to space 

systems. 

(c) REPORT.—Not later than March 1, 2018, the Secretary shall 

submit to the congressional defense committees a report that 

includes— 

10 USC 2302 

note. 


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131 STAT. 1794 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) details on how the Secretary will establish the pilot 

program under subsection (a) to ensure all source information 

is appropriately, singularly, and exclusively shared for the purpose of ensuring the security or integrity of the supply chain 

of covered programs; 

(2) details of any personnel, funding, or statutory constraints in carrying out the pilot program; and 

(3) the identification of any legislative action or administrative action required to provide the Secretary with specific additional authorities required to fully implement the pilot program. 

(d) CLEARED DEFENSE CONTRACTORS DEFINED.—In this section, 

the term ‘‘cleared defense contractors’’ means contractors of the 

Department of Defense who have a security clearance, including 

contractor facilities that have a security clearance. 

SEC. 1697. PILOT PROGRAM ON ELECTROMAGNETIC SPECTRUM MAPPING. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense may establish 

a pilot program to assess the viability of mapping the electromagnetic spectrum used by the Department of Defense. 

(b) DURATION.—The authority of the Secretary to carry out 

the pilot program under subsection (a) shall terminate on the date 

that is one year after the date of the enactment of this Act. 

(c) INTERIM BRIEFING.—Not later than 60 days after the date 

of enactment of this Act, the Secretary of Defense shall provide 

a briefing to the Committees on Armed Services of the House 

of Representatives and the Senate (and to any other congressional 

defense committee upon request) demonstrating how the Secretary 

plans to implement the pilot program under subsection (a). 

(d) FINAL BRIEFING.—Not later than 90 days after the pilot 

program under subsection (a) is completed, the Secretary shall 

provide a briefing to the Committees on Armed Services of the 

House of Representatives and the Senate (and to any other congressional defense committee upon request) on the utility, cost, and 

other considerations regarding the mapping of the electromagnetic 

spectrum used by the Department of Defense. 

SEC. 1698. USE OF COMMERCIAL ITEMS IN DISTRIBUTED COMMON 

GROUND SYSTEMS. 

(a) IN GENERAL.—The procurement process for each covered 

Distributed Common Ground System shall be carried out in accordance with section 2377 of title 10, United States Code. 

(b) CERTIFICATION.—Not later than 30 days after the date of 

the enactment of this Act, the service acquisition executive responsible for each covered Distributed Common Ground System shall 

certify to the appropriate congressional committees that the procurement process for increments of the system procured after the date 

of the enactment of this Act will be carried out in accordance 

with section 2377 of title 10, United States Code. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; and 

(B) the Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of 

the House of Representatives. 

10 USC 2302 

note. 


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(2) The term ‘‘covered Distributed Common Ground 

System’’ includes the following: 

(A) The Distributed Common Ground System of the 

Army. 

(B) The Distributed Common Ground System of the 

Navy. 

(C) The Distributed Common Ground System of the 

Marine Corps. 

(D) The Distributed Common Ground System of the 

Air Force. 

(E) The Distributed Common Ground System of the 

Special Operations Forces. 

TITLE XVII—SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE 

MATTERS 

Sec. 1701. Amendments to HUBZone provisions of the Small Business Act. 

Sec. 1702. Uniformity in procurement terminology. 

Sec. 1703. Improving reporting on small business goals. 

Sec. 1704. Responsibilities of Business Opportunity Specialists. 

Sec. 1705. Responsibilities of commercial market representatives. 

Sec. 1706. Modification of past performance pilot program to include consideration 

of past performance with allies of the United States. 

Sec. 1707. Notice of cost-free Federal procurement technical assistance in connection with registration of small business concerns on procurement 

websites of the Department of Defense. 

Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance. 

Sec. 1709. Requirements relating to competitive procedures and justification for 

awards under the SBIR and STTR programs. 

Sec. 1710. Pilot program for streamlined technology transition from the SBIR and 

STTR programs of the Department of Defense. 

Sec. 1711. Pilot program on strengthening manufacturing in the defense industrial 

base. 

Sec. 1712. Review regarding applicability of foreign ownership, control, or influence 

requirements of National Industrial Security Program to national technology and industrial base companies. 

Sec. 1713. Report on sourcing of tungsten and tungsten powders from domestic producers. 

Sec. 1714. Report on utilization of small business concerns for Federal contracts. 

SEC. 1701. AMENDMENTS TO HUBZONE PROVISIONS OF THE SMALL 

BUSINESS ACT. 

(a) TRANSFER OF HUBZONE DEFINITIONS.— 

(1) REDESIGNATION.—Section 31 of the Small Business Act 

(15 U.S.C. 657a) is amended by redesignating subsections (b), 

(c), and (d) as subsections (c), (d), and (e), respectively. 

(2) TRANSFER.—Subsection (p) of section 3 of the Small 

Business Act (15 U.S.C. 632(p)) is transferred to section 31 

of the Small Business Act (15 U.S.C. 657a), inserted so as 

to appear after subsection (a), and redesignated as subsection 

(b), and is amended— 

(A) by striking ‘‘In this Act:’’ and inserting ‘‘In this 

section:’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘term’’ and inserting ‘‘terms’’; and 

(ii) by striking ‘‘means’’ and inserting ‘‘or 

‘HUBZone’ mean’’; and 

(C) by striking paragraph (2) (and redesignating subsequent paragraphs accordingly). 


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131 STAT. 1796 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) DEFINITION OF QUALIFIED HUBZONE SMALL BUSINESS

CONCERN.—Section 3 of the Small Business Act (15 U.S.C. 

632), as amended by paragraph (2), is further amended by 

inserting after subsection (o) the following new subsection (p): 

‘‘(p) QUALIFIED HUBZONE SMALL BUSINESS CONCERN.—In this 

Act, the term ‘qualified HUBZone small business concern’ has the 

meaning given such term in section 31(b).’’. 

(4) CONFORMING AMENDMENTS.— (A) MENTOR-PROTEGE PROGRAM.—Section 831(n)(2)(G) 

of the National Defense Authorization Act for Fiscal Year 

1991 (Public Law 101–510; 104 Stat. 1607; 10 U.S.C. 2302 

note) is amended by striking ‘‘section 3(p) of the Small 

Business Act (15 U.S.C. 632(p))’’ and inserting ‘‘section 

31(b) of the Small Business Act’’. 

(B) TITLE 10.—Section 2323 of title 10, United States 

Code, is amended by striking ‘‘section 3(p) of the Small 

Business Act’’ each place it appears and inserting ‘‘section 

31(b) of the Small Business Act’’. 

(C) SMALL BUSINESS ACT.—Section 8(d)(3)(G) of the 

Small Business Act (15 U.S.C. 637(d)(3)(G)) is amended 

by striking ‘‘section 3(p) of the Small Business Act’’ and 

inserting ‘‘section 31(b)’’. 

(D) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING

PLANS.—Section 834 of the National Defense Authorization 

Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) 

is amended by striking ‘‘section 3(p)(5) of such Act (15 

U.S.C. 632(p)(5))’’ and inserting ‘‘section 31(b) of such Act’’. 

(E) CONTRACTS FOR COLLECTION SERVICES.—Section 

3718 of title 31, United States Code, is amended by striking 

‘‘section 3(p) of the Small Business Act’’ each place it 

appears and inserting ‘‘section 31(b) of the Small Business 

Act’’. 

(F) TITLE 41.—Title 41, United States Code, is 

amended— 

(i) in section 1122, by striking ‘‘section 3(p) of 

the Small Business Act (15 U.S.C. 632(p))’’ each place 

it appears and inserting ‘‘section 31(b) of the Small 

Business Act’’; and 

(ii) in section 1713, by striking ‘‘section 3(p) of 

the Small Business Act (15 U.S.C. 632(p))’’ and 

inserting ‘‘section 31(b) of the Small Business Act’’. 

(G) TITLE 49.—Title 49, United States Code, is 

amended— 

(i) in section 47107, by striking ‘‘section 3(p) of 

the Small Business Act’’ each place it appears and 

inserting ‘‘section 31(b) of the Small Business Act’’; 

and 

(ii) in section 47113(a)(3), by striking ‘‘section 3(p) 

of the Small Business Act (15 U.S.C. 632(o))’’ and 

inserting ‘‘section 31(b) of the Small Business Act’’. 

(b) AMENDMENTS TO DEFINITIONS OF QUALIFIED CENSUS TRACT

AND QUALIFIED NONMETROPOLITAN COUNTY.— 

(1) IN GENERAL.—Paragraph (3) of section 31(b) of the 

Small Business Act (as transferred and redesignated by subsection (a)) is amended— 

(A) in subparagraph (A)— 

(i) by amending clause (i) to read as follows: 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1797 

‘‘(i) IN GENERAL.—The term ‘qualified census tract’ 

means a census tract that is covered by the definition 

of ‘qualified census tract’ in section 42(d)(5)(B)(ii) of 

the Internal Revenue Code of 1986 and that is reflected 

in an online tool prepared by the Administrator 

described under subsection (d)(7).’’; and 

(ii) in clause (ii), by inserting ‘‘and that is reflected 

in the online tool described under clause (i)’’ after 

‘‘such section’’; and 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i), by inserting 

‘‘that is reflected in the online tool described under 

subparagraph (A)(i) and’’ after ‘‘any county’’; and 

(ii) in clause (ii)— 

(I) in subclause (I), by striking ‘‘nonmetropolitan’’; and 

(II) by striking ‘‘the most recent data available’’ each place it appears and inserting ‘‘a 5- 

year average of the available data’’. 

(2) TECHNICAL AMENDMENTS.—Paragraph (3)(B) of section 

31(b) of the Small Business Act (as transferred and redesignated by subsection (a)), as amended by paragraph (1), is further amended— 

(A) in clause (i), by striking ‘‘section 42(d)(5)(C)(ii) of 

the Internal Revenue Code of 1986’’ and inserting ‘‘section 

42(d)(5)(B)(ii) of the Internal Revenue Code of 1986’’; and 

(B) in clause (ii)(III), by striking ‘‘section 42(d)(5)(C)(iii) 

of the Internal Revenue Code of 1986’’ and inserting ‘‘section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986’’. 

(c) AMENDMENTS TO DEFINITIONS OF BASE CLOSURE AREA AND

QUALIFIED DISASTER AREA.—Paragraph (3) of section 31(b) of the 

Small Business Act (as transferred and redesignated by subsection 

(a)), as amended by subsection (b), is further amended— 

(1) by amending clause (ii) of subparagraph (D) to read 

as follows: 

‘‘(ii) LIMITATION.—A census tract or nonmetropolitan county described in clause (i) shall be considered 

to be a base closure area for a period beginning on 

the date on which the Administrator designates such 

census tract or nonmetropolitan county as a base closure area and ending on the date on which the base 

closure area ceases to be a qualified census tract under 

subparagraph (A) or a qualified nonmetropolitan 

county under subparagraph (B) in accordance with the 

online tool prepared by the Administrator described 

under subsection (d)(7), except that such period may 

not be less than 8 years.’’; and 

(2) by amending subparagraph (E) to read as follows: 

‘‘(E) QUALIFIED DISASTER AREA.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the term 

‘qualified disaster area’ means any census tract or 

nonmetropolitan county located in an area where a 

major disaster has occurred or an area in which a 

catastrophic incident has occurred if such census tract 

or nonmetropolitan county ceased to be qualified under 

subparagraph (A) or (B), as applicable, during the 

period beginning 5 years before the date on which 


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131 STAT. 1798 PUBLIC LAW 115–91—DEC. 12, 2017 

the President declared the major disaster or the catastrophic incident occurred. 

‘‘(ii) DURATION.—A census tract or nonmetropolitan 

county shall be considered to be a qualified disaster 

area under clause (i) only for the period of time ending 

on the date the area ceases to be a qualified census 

tract under subparagraph (A) or a qualified nonmetropolitan county under subparagraph (B), in accordance 

with the online tool prepared by the Administrator 

described under subsection (d)(7) and beginning— 

‘‘(I) in the case of a major disaster, on the 

date on which the President declared the major 

disaster for the area in which the census tract 

or nonmetropolitan county, as applicable, is 

located; or 

‘‘(II) in the case of a catastrophic incident, 

on the date on which the catastrophic incident 

occurred in the area in which the census tract 

or nonmetropolitan county, as applicable, is 

located. 

‘‘(iii) DEFINITIONS.—In this subparagraph: 

‘‘(I) MAJOR DISASTER.—The term ‘major disaster’ means a major disaster declared by the 

President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5170). 

‘‘(II) OTHER DEFINITIONS.—The terms ‘census 

tract’ and ‘nonmetropolitan county’ have the 

meanings given such terms in subparagraph 

(D)(iii).’’. 

(d) AMENDMENT TO DEFINITION OF REDESIGNATED AREAS.— 

Paragraph (3) of section 31(b) of the Small Business Act (as transferred and redesignated by subsection (a)), as amended by subsection (c), is further amended by amending subparagraph (C) to 

read as follows: 

‘‘(C) REDESIGNATED AREA.—The term ‘redesignated 

area’ means any census tract that ceases to be qualified 

under subparagraph (A) and any nonmetropolitan county 

that ceases to be qualified under subparagraph (B) for 

a period of 3 years after the date on which the census 

tract or nonmetropolitan county ceased to be so qualified.’’. 

(e) GOVERNOR-DESIGNATED COVERED AREA.—Section 31(b) of 

the Small Business Act (as transferred and redesignated by subsection (a)), is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (E), by striking ‘‘or’’ at the end; 

(B) in subparagraph (F), by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by inserting after subparagraph (F) the following 

new subparagraph: 

‘‘(G) a Governor-designated covered area.’’; 

(2) in paragraph (3) (as amended by subsection (c)), by 

adding at the end the following new subparagraph: 

‘‘(F) GOVERNOR-DESIGNATED COVERED AREA.— 

‘‘(i) IN GENERAL.—A ‘Governor-designated covered 

area’ means a covered area that the Administrator 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1799 

has designated by approving a petition described under 

clause (ii). 

‘‘(ii) PETITION.—For a covered area to receive a 

designation as a Governor-designated covered area, the 

Governor of the State in which the covered area is 

wholly contained shall include such covered area in 

a petition to the Administrator requesting such a designation. In reviewing a request for designation 

included in such a petition, the Administrator may 

consider— 

‘‘(I) the potential for job creation and investment in the covered area; 

‘‘(II) the demonstrated interest of small business concerns in the covered area to be designated 

as a Governor-designated covered area; 

‘‘(III) how State and local government officials 

have incorporated the covered area into an economic development strategy; and 

‘‘(IV) if the covered area was a HUBZone 

before becoming the subject of the petition, the 

impact on the covered area if the Administrator 

did not approve the petition. 

‘‘(iii) LIMITATIONS.—Each calendar year, a Governor may submit not more than 1 petition described 

under clause (ii). Such petition shall include all covered 

areas in a State for which the Governor seeks designation as a Governor-designated covered area, except that 

the total number of covered areas included in such 

petition may not exceed 10 percent of the total number 

of covered areas in the State. 

‘‘(iv) CERTIFICATION.—If the Administrator grants 

a petition described under clause (ii), the Governor 

of the Governor-designated covered area shall, not less 

frequently than annually, submit data to the Administrator certifying that each Governor-designated covered 

area continues to meet the requirements of clause 

(v)(I). 

‘‘(v) DEFINITIONS.—In this subparagraph: 

‘‘(I) COVERED AREA.—The term ‘covered area’ 

means an area in a State— 

‘‘(aa) that is located outside of an urbanized area, as determined by the Bureau of 

the Census; 

‘‘(bb) with a population of not more than 

50,000; and 

‘‘(cc) for which the average unemployment 

rate is not less than 120 percent of the average 

unemployment rate of the United States or 

of the State in which the covered area is 

located, whichever is less, based on the most 

recent data available from the American 

Community Survey conducted by the Bureau 

of the Census. 

‘‘(II) GOVERNOR.—The term ‘Governor’ means 

the chief executive of a State. 

‘‘(III) STATE.—The term ‘State’ means each of 

the several States, the District of Columbia, the 


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131 STAT. 1800 PUBLIC LAW 115–91—DEC. 12, 2017 

Commonwealth of Puerto Rico, the United States 

Virgin Islands, Guam, the Commonwealth of the 

Northern Mariana Islands, and American Samoa.’’. 

(f) REPEAL OF 5-YEAR LIMITATION ON HUBZONE STATUS OF

BASE CLOSURE AREAS.—Section 152(a) of title I of division K of 

the Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note) 

is amended by repealing paragraph (2). 

(g) AMENDMENT TO DEFINITION OF QUALIFIED HUBZONE SMALL

BUSINESS CONCERN.—Paragraph (4) of section 31(b) of the Small 

Business Act (as transferred and redesignated by subsection (a)) 

is amended to read as follows: 

‘‘(4) QUALIFIED HUBZONE SMALL BUSINESS CONCERN.—The 

term ‘qualified HUBZone small business concern’ means a 

HUBZone small business concern that has been certified by 

the Administrator in accordance with the procedures described 

in this section.’’. 

(h) AMENDMENTS TO HUBZONE PROGRAM.— 

(1) CLARIFICATIONS TO ELIGIBILITY FOR HUBZONE PROGRAM.—Section 31(d) of the Small Business Act, as redesignated 

by subsection (a), is amended to read as follows: 

‘‘(d) ELIGIBILITY REQUIREMENTS; ENFORCEMENT.— 

‘‘(1) CERTIFICATION.—In order to be eligible for certification 

by the Administrator as a qualified HUBZone small business 

concern, a HUBZone small business concern shall submit documentation to the Administrator stating that— 

‘‘(A) at the time of certification and at each examination 

conducted pursuant to paragraph (4), the principal office 

of the concern is located in a HUBZone and not fewer 

than 35 percent of its employees reside in a HUBZone; 

‘‘(B) the concern will attempt to maintain the applicable 

employment percentage under subparagraph (A) during the 

performance of any contract awarded to such concern on 

the basis of a preference provided under subsection (c); 

and 

‘‘(C) the concern will ensure that the requirements 

of section 46 are satisfied with respect to any subcontract 

entered into by such concern pursuant to a contract 

awarded under this section. 

‘‘(2) VERIFICATION.—In carrying out this section, the 

Administrator shall establish procedures relating to— 

‘‘(A) the filing, investigation, and disposition by the 

Administration of any challenge to the eligibility of a 

HUBZone small business concern to receive assistance 

under this section (including a challenge, filed by an 

interested party, relating to the veracity of documentation 

provided to the Administration by such a concern under 

paragraph (1)); and 

‘‘(B) verification by the Administrator of the accuracy 

of any documentation provided by a HUBZone small business concern under paragraph (1). 

‘‘(3) TIMING.—The Administrator shall verify the eligibility 

of a HUBZone small business concern using the procedures 

described in paragraph (2) within a reasonable time and not 

later than 60 days after the date on which the Administrator 

receives sufficient and complete documentation from a 

HUBZone small business concern under paragraph (1). 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1801 

‘‘(4) RECERTIFICATION.—Not later than 3 years after the 

date that such HUBZone small business concern was certified 

as a qualified HUBZone small business concern, and every 

3 years thereafter, the Administrator shall verify the accuracy 

of any documentation provided by a HUBZone small business 

concern under paragraph (1) to determine if such HUBZone 

small business concern remains a qualified HUBZone small 

business concern. 

‘‘(5) EXAMINATIONS.—The Administrator shall conduct program examinations of qualified HUBZone small business concerns, using a risk-based analysis to select which concerns 

are examined, to ensure that any concern examined meets 

the requirements of paragraph (1). 

‘‘(6) LOSS OF CERTIFICATION.—A HUBZone small business 

concern that, based on the results of an examination conducted 

pursuant to paragraph (5) no longer meets the requirements 

of paragraph (1), shall have 30 days to submit documentation 

to the Administrator to be eligible to be certified as a qualified 

HUBZone small business concern. During the 30-day period, 

such concern may not compete for or be awarded a contract 

under this section. If such concern fails to meet the requirements of paragraph (1) by the last day of the 30-day period, 

the Administrator shall not certify such concern as a qualified 

HUBZone small business concern. 

‘‘(7) HUBZONE ONLINE TOOL.— 

‘‘(A) IN GENERAL.—The Administrator shall develop a 

publicly accessible online tool that depicts HUBZones. Such 

online tool shall be updated— 

‘‘(i) with respect to HUBZones described under 

subparagraphs (A) and (B) of subsection (b)(3), beginning on January 1, 2020, and every 5 years thereafter; 

‘‘(ii) with respect to a HUBZone described under 

subsection (b)(3)(C), immediately after the area 

becomes, or ceases to be, a redesignated area; and 

‘‘(iii) with respect to HUBZones described under 

subparagraphs (D), (E), and (F) of subsection (b)(3), 

immediately after an area is designated as a base 

closure area, qualified disaster area, or Governor-designated covered area, respectively. 

‘‘(B) DATA.—The online tool required under subparagraph (A) shall clearly and conspicuously provide access 

to the data used by the Administrator to determine whether 

or not an area is a HUBZone in the year in which the 

online tool was prepared. 

‘‘(C) NOTIFICATION OF UPDATE.—The Administrator 

shall include in the online tool a notification of the date 

on which the online tool, and the data used to create 

the online tool, will be updated. 

‘‘(8) LIST OF QUALIFIED HUBZONE SMALL BUSINESS CONCERNS.—The Administrator shall establish and publicly maintain on the internet a list of qualified HUBZone small business 

concerns that shall— 

‘‘(A) to the extent practicable, include the name, 

address, and type of business with respect to such concern; 

‘‘(B) be updated by the Administrator not less than 

annually; and 


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131 STAT. 1802 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(C) be provided upon request to any Federal agency 

or other entity. 

‘‘(9) PROVISION OF DATA.—Upon the request of the Administrator, the Secretary of Labor, the Administrator of the Federal 

Emergency Management Agency, the Secretary of Housing and 

Urban Development, and the Secretary of the Interior (or the 

Assistant Secretary for Indian Affairs), shall promptly provide 

to the Administrator such information as the Administrator 

determines to be necessary to carry out this subsection. 

‘‘(10) PENALTIES.—In addition to the penalties described 

in section 16(d), any small business concern that is determined 

by the Administrator to have misrepresented the status of 

that concern as a ‘qualified HUBZone small business concern’ 

for purposes of this section shall be subject to liability for 

fraud, including section 1001 of title 18, United States Code, 

and sections 3729 through 3733 of title 31, United States 

Code.’’. 

(2) PERFORMANCE METRICS.—Section 31 of the Small Business Act (15 U.S.C. 657a) is amended— 

(A) in subsection (a)— 

(i) by inserting ‘‘(to be known as the HUBZone 

program)’’ after ‘‘program’’; and 

(ii) by inserting ‘‘, including promoting economic 

development in economically distressed areas (as 

defined in section 7(m)(11)),’’ after ‘‘assistance’’; 

(B) by redesignating subsection (e) (as redesignated 

by subsection (a)) as subsection (f); and 

(C) by inserting after subsection (d) the following new 

subsection: 

‘‘(e) PERFORMANCE METRICS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this subsection, the Administrator shall 

publish performance metrics designed to measure the success 

of the HUBZone program established under this section in 

meeting the program’s objective of promoting economic development in economically distressed areas (as defined in section 

7(m)(11)). 

‘‘(2) COLLECTING AND MANAGING HUBZONE DATA.—The 

Administrator shall develop processes to incentivize each 

regional office of the Administration to collect and manage 

data on HUBZones within the geographic area served by such 

regional office. 

‘‘(3) REPORT.—Not later than 90 days after the last day 

of each fiscal year, the Administrator 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 analyzing the data from the performance 

metrics established under this subsection and including— 

‘‘(A) the number of HUBZone small business concerns 

that lost certification as a qualified HUBZone small business concern because of the results of an examination performed under subsection (d)(5); and 

‘‘(B) the number of those concerns that did not submit 

documentation to be recertified under subsection (d)(6).’’. 

(3) AUTHORIZATION OF APPROPRIATIONS.—Section 31(f) of 

the Small Business Act, as redesignated by paragraph (2), 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1803 

is amended by striking ‘‘fiscal years 2004 through 2006’’ and 

inserting ‘‘fiscal years 2020 through 2025’’. 

(i) CURRENT QUALIFIED HUBZONE SMALL BUSINESS CON- CERNS.—A HUBZone small business concern that was qualified 

pursuant to section 3(p)(5) of the Small Business Act on or before 

December 31, 2019, shall continue to be considered as a qualified 

HUBZone small business concern during the period beginning on 

January 1, 2020, and ending on the date that the Administrator 

of the Small Business Administration prepares the online tool 

depicting qualified areas described under section 31(d)(7) (as added 

by subsection (h) of this section). 

(j) EFFECTIVE DATE.—The provisions of this section shall take 

effect— 

(1) with respect to subsection (i), on the date of the enactment of this section; and 

(2) with respect to subsections (a) through (h), on January 

1, 2020. 

SEC. 1702. UNIFORMITY IN PROCUREMENT TERMINOLOGY. 

(a) IN GENERAL.—Section 15(j)(1) of the Small Business Act (15 U.S.C. 644(j)(1)) is amended by striking ‘‘greater than $2,500 

but not greater than $100,000’’ and inserting ‘‘greater than the 

micro-purchase threshold, but not greater than the simplified 

acquisition threshold’’. 

(b) AMENDMENT TO CONTRACTING DEFINITIONS.—Section 3(m) 

of the Small Business Act (15 U.S.C. 632(m)) is amended to read 

as follows: 

‘‘(m) DEFINITIONS RELATING TO CONTRACTING.—In this Act: 

‘‘(1) PRIME CONTRACT.—The term ‘prime contract’ has the 

meaning given such term in section 8701(4) of title 41, United 

States Code. 

‘‘(2) PRIME CONTRACTOR.—The term ‘prime contractor’ has 

the meaning given such term in section 8701(5) of title 41, 

United States Code. 

‘‘(3) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘simplified acquisition threshold’ has the meaning given such term 

in section 134 of title 41, United States Code. 

‘‘(4) MICRO-PURCHASE THRESHOLD.—The term ‘micro-purchase threshold’ has the meaning given such term in section 

1902 of title 41, United States Code. 

‘‘(5) TOTAL PURCHASES AND CONTRACTS FOR PROPERTY AND

SERVICES.—The term ‘total purchases and contracts for property 

and services’ shall mean total number and total dollar amount 

of contracts and orders for property and services.’’. 

(c) CONFORMING AMENDMENT.—Section 15(a)(1)(C) of the Small 

Business Act (15 U.S.C. 644(a)(1)(C)) is amended by striking ‘‘total 

purchase and contracts for goods and services’’ and inserting ‘‘total 

purchases and contracts for goods and services’’. 

SEC. 1703. IMPROVING REPORTING ON SMALL BUSINESS GOALS. 

(a) IN GENERAL.—Section 15(h)(2)(E) of the Small Business 

Act (15 U.S.C. 644(h)(2)(E)) is amended— 

(1) in clause (i)— 

(A) in subclause (III), by striking ‘‘and’’ at the end; 

and 

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

‘‘(V) that were purchased by another entity 

after the initial contract was awarded and as a 

10 USC 2323 

note. 

15 USC 657a 

note. 


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131 STAT. 1804 PUBLIC LAW 115–91—DEC. 12, 2017 

result of the purchase, would no longer be deemed 

to be small business concerns for purposes of the 

initial contract; and 

‘‘(VI) that were awarded using a procurement 

method that restricted competition to small business concerns owned and controlled by servicedisabled veterans, qualified HUBZone small business concerns, small business concerns owned and 

controlled by socially and economically disadvantaged individuals, small business concerns owned 

and controlled by women, or a subset of any such 

concerns;’’; 

(2) in clause (ii)— 

(A) in subclause (IV), by striking ‘‘and’’ at the end; 

and 

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

‘‘(VI) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be small business concerns owned and controlled 

by service-disabled veterans for purposes of the 

initial contract; and 

‘‘(VII) that were awarded using a procurement 

method that restricted competition to qualified 

HUBZone small business concerns, small business 

concerns owned and controlled by socially and 

economically disadvantaged individuals, small 

business concerns owned and controlled by women, 

or a subset of any such concerns;’’; 

(3) in clause (iii)— 

(A) in subclause (V), by striking ‘‘and’’ at the end; 

and 

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

‘‘(VII) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be qualified HUBZone small business concerns 

for purposes of the initial contract; and 

‘‘(VIII) that were awarded using a procurement method that restricted competition to small 

business concerns owned and controlled by servicedisabled veterans, small business concerns owned 

and controlled by socially and economically disadvantaged individuals, small business concerns 

owned and controlled by women, or a subset of 

any such concerns;’’; 

(4) in clause (iv)— 

(A) in subclause (V), by striking ‘‘and’’ at the end; 

and 

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

‘‘(VII) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be small business concerns owned and controlled 

by socially and economically disadvantaged 

individuals for purposes of the initial contract; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1805 

‘‘(VIII) that were awarded using a procurement method that restricted competition to small 

business concerns owned and controlled by servicedisabled veterans, qualified HUBZone small business concerns, small business concerns owned and 

controlled by women, or a subset of any such concerns;’’; 

(5) in clause (v)— 

(A) in subclause (IV), by striking ‘‘and’’ at the end; 

(B) in subclause (V), by inserting ‘‘and’’ at the end; 

and 

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

‘‘(VI) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be small business concerns owned by an Indian 

tribe other than an Alaska Native Corporation 

for purposes of the initial contract;’’; 

(6) in clause (vi)— 

(A) in subclause (IV), by striking ‘‘and’’ at the end; 

(B) in subclause (V), by inserting ‘‘and’’ at the end; 

and 

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

‘‘(VI) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be small business concerns owned by a Native 

Hawaiian Organization for purposes of the initial 

contract;’’; 

(7) in clause (vii)— 

(A) in subclause (IV), by striking ‘‘and’’ at the end; 

and 

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

‘‘(VI) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be small business concerns owned by an Alaska 

Native Corporation for purposes of the initial contract; and’’; and 

(8) in clause (viii)— 

(A) in subclause (VII), by striking ‘‘and’’ at the end; 

(B) in subclause (VIII), by striking ‘‘and’’ at the end; 

and 

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

‘‘(IX) that were purchased by another entity 

after the initial contract was awarded and as a 

result of the purchase, would no longer be deemed 

to be small business concerns owned and controlled 

by women for purposes of the initial contract; and 

‘‘(X) that were awarded using a procurement 

method that restricted competition to small business concerns owned and controlled by servicedisabled veterans, qualified HUBZone small business concerns, small business concerns owned and 

controlled by socially and economically disadvantaged individuals, or a subset of any such concerns; 

and’’. 


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131 STAT. 1806 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) EFFECTIVE DATE.—The Administrator of the Small Business 

Administration shall be required to report on the information 

required by clauses (i)(V), (ii)(VI), (iii)(VII), (iv)(VII), (v)(VI), (vi)(VI), 

(vii)(VI), and (viii)(IX) of section 15(h)(2)(E) of the Small Business 

Act (15 U.S.C. 644(h)(2)(E)) beginning on the date that such 

information is available in the Federal Procurement Data System, 

the System for Award Management, or any new or successor system. 

SEC. 1704. RESPONSIBILITIES OF BUSINESS OPPORTUNITY SPECIALISTS. 

Section 4(g) of the Small Business Act (15 U.S.C. 633(g)) is 

amended to read as follows: 

‘‘(g) BUSINESS OPPORTUNITY SPECIALISTS.— ‘‘(1) DUTIES.—The exclusive duties of a Business Opportunity Specialist employed by the Administrator and reporting 

to the senior official appointed by the Administrator with 

responsibilities under sections 8, 15, 31, and 36 (or the designee 

of such official) shall be to implement sections 7, 8, and 45 

and to complete other duties related to contracting programs 

under this Act. Such duties shall include— 

‘‘(A) with respect to small business concerns eligible 

to receive contracts and subcontracts pursuant to section 

8(a)— 

‘‘(i) providing guidance, counseling, and referrals 

for assistance with technical, management, financial, 

or other matters that will improve the competitive 

viability of such concerns; 

‘‘(ii) identifying causes of success or failure of such 

concerns; 

‘‘(iii) providing comprehensive assessments of such 

concerns, including identifying the strengths and weaknesses of such concerns; 

‘‘(iv) monitoring and documenting compliance with 

the requirements of sections 7 and 8 and any regulations implementing those sections; 

‘‘(v) explaining the requirements of sections 7, 8, 

15, 31, 36, and 45; and 

‘‘(vi) advising on compliance with contracting regulations (including the Federal Acquisition Regulation) 

after award of such a contract or subcontract; 

‘‘(B) reviewing and monitoring compliance with mentorprotege agreements under section 45; 

‘‘(C) representing the interests of the Administrator 

and small business concerns in the award, modification, 

and administration of contracts and subcontracts awarded 

pursuant to section 8(a); and 

‘‘(D) reporting fraud or abuse under section 7, 8, 15, 

31, 36, or 45 or any regulations implementing such sections. 

‘‘(2) CERTIFICATION REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Consistent with the requirements 

of subparagraph (B), a Business Opportunity Specialist 

described under section 7(j)(10)(D) shall have a Level I 

Federal Acquisition Certification in Contracting (or any 

successor certification) or the equivalent Department of 

Defense certification. 

‘‘(B) DELAY OF CERTIFICATION REQUIREMENT.—The certification described in subparagraph (A) is not required— 

15 USC 644 note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1807 

‘‘(i) for any person serving as a Business Opportunity Specialist on the date of the enactment of this 

subsection, until the date that is one calendar year 

after the date such person was appointed as a Business 

Opportunity Specialist; or 

‘‘(ii) for any person serving as a Business Opportunity Specialist on or before January 3, 2013, until 

January 3, 2020. 

‘‘(3) JOB POSTING REQUIREMENTS.—The duties and certification requirements described in this subsection shall be 

included in any initial job posting for the position of a Business 

Opportunity Specialist.’’. 

SEC. 1705. RESPONSIBILITIES OF COMMERCIAL MARKET REPRESENTATIVES. 

Section 4(h) of the Small Business Act (15 U.S.C. 633(h)) is 

amended to read as follows: 

‘‘(h) COMMERCIAL MARKET REPRESENTATIVES.— 

‘‘(1) DUTIES.—The principal duties of a commercial market 

representative employed by the Administrator and reporting 

to the senior official appointed by the Administrator with 

responsibilities under sections 8, 15, 31, and 36 (or the designee 

of the official) shall be to advance the policies established 

in section 8(d)(1) relating to subcontracting, including— 

‘‘(A) helping prime contractors to find small business 

concerns that are capable of performing subcontracts; 

‘‘(B) for contractors awarded contracts containing the 

clause described in section 8(d)(3), providing— 

‘‘(i) counseling on the responsibility of the contractor to maximize subcontracting opportunities for 

small business concerns; 

‘‘(ii) instruction on methods and tools to identify 

potential subcontractors that are small business concerns; and 

‘‘(iii) assistance to increase awards to subcontractors that are small business concerns through visits, 

training, and reviews of past performance; 

‘‘(C) providing counseling on how a small business 

concern may promote the capacity of the small business 

concern to contractors awarded contracts containing the 

clause described in section 8(d)(3); and 

‘‘(D) conducting periodic reviews of contractors awarded 

contracts containing the clause described in section 8(d)(3) 

to assess compliance with subcontracting plans required 

under section 8(d)(6). 

‘‘(2) CERTIFICATION REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Consistent with the requirements 

of subparagraph (B), a commercial market representative 

referred to in section 15(q)(3) shall have a Level I Federal 

Acquisition Certification in Contracting (or any successor 

certification) or the equivalent Department of Defense certification. 

‘‘(B) DELAY OF CERTIFICATION REQUIREMENT.—The certification described in subparagraph (A) is not required— 

‘‘(i) for any person serving as a commercial market 

representative on the date of enactment of this subsection, until the date that is one calendar year after 


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131 STAT. 1808 PUBLIC LAW 115–91—DEC. 12, 2017 

the date on which the person was appointed as a 

commercial market representative; or 

‘‘(ii) for any person serving as a commercial market 

representative on or before November 25, 2015, until 

November 25, 2020. 

‘‘(3) JOB POSTING REQUIREMENTS.—The duties and certification requirements described in this subsection shall be 

included in any initial job posting for the position of a commercial market representative.’’. 

SEC. 1706. MODIFICATION OF PAST PERFORMANCE PILOT PROGRAM 

TO INCLUDE CONSIDERATION OF PAST PERFORMANCE 

WITH ALLIES OF THE UNITED STATES. 

(a) IN GENERAL.—Section 8(d)(17) of the Small Business Act 

(15 U.S.C. 637(d)(17)) is amended— 

(1) in subparagraph (G)— 

(A) in clause (i), by inserting ‘‘and, set forth separately, 

the number of small business exporters,’’ after ‘‘small business concerns’’; and 

(B) in clause (ii), by inserting ‘‘, set forth separately 

by applications from small business concerns and from 

small business exporters,’’ after ‘‘applications’’; and 

(2) by amending subparagraph (H) to read as follows: 

‘‘(H) DEFINITIONS.—In this paragraph— 

‘‘(i) the term ‘appropriate official’ means— 

‘‘(I) a commercial market representative; 

‘‘(II) another individual designated by the senior 

official appointed by the Administrator with responsibilities under sections 8, 15, 31, and 36; or 

‘‘(III) the Office of Small and Disadvantaged Business Utilization of a Federal agency, if the head of 

the Federal agency and the Administrator agree; 

‘‘(ii) the term ‘defense item’ has the meaning given 

that term in section 38(j)(4)(A) of the Arms Export Control 

Act (22 U.S.C. 2778(j)(4)(A)); 

‘‘(iii) the term ‘major non-NATO ally’ means a country 

designated as a major non-NATO ally under section 517 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k); 

‘‘(iv) the term ‘past performance’ includes performance 

of a contract for a sale of defense items (under section 

38 of the Arms Export Control Act (22 U.S.C. 2778)) to 

the government of a member nation of North Atlantic 

Treaty Organization, the government of a major non-NATO 

ally, or the government of a country with which the United 

States has a defense cooperation agreement (as certified 

by the Secretary of State); and 

‘‘(v) the term ‘small business exporter’ means a small 

business concern that exports defense items under section 

38 of the Arms Export Control Act (22 U.S.C. 2778) to 

the government of a member nation of the North Atlantic 

Treaty Organization, the government of a major non-NATO 

ally, or the government of a country with which the United 

States has a defense cooperation agreement (as certified 

by the Secretary of State).’’. 

(b) TECHNICAL AMENDMENT.—Section 8(d)(17)(A) of the Small 

Business Act (15 U.S.C. 637(d)(17)(A)) is amended by striking ‘‘paragraph 13(A)’’ and inserting ‘‘paragraph (13)(A)’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1809 

SEC. 1707. NOTICE OF COST-FREE FEDERAL PROCUREMENT TECHNICAL ASSISTANCE IN CONNECTION WITH REGISTRATION 

OF SMALL BUSINESS CONCERNS ON PROCUREMENT 

WEBSITES OF THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—The Secretary of Defense shall establish 

procedures to ensure that any notice or direct communication 

regarding the registration of a small business concern on a website 

maintained by the Department of Defense relating to contracting 

opportunities contains information about cost-free Federal procurement technical assistance services that are available through a 

procurement technical assistance program established under 

chapter 142 of title 10, United States Code. 

(b) SMALL BUSINESS CONCERN DEFINED.—The term ‘‘small business concern’’ has the meaning given such term under section 

3 of the Small Business Act (15 U.S.C. 632). 

SEC. 1708. INCLUSION OF SBIR AND STTR PROGRAMS IN TECHNICAL 

ASSISTANCE. 

Subsection (c) of section 2418 of title 10, United States Code, 

is amended— 

(1) by striking ‘‘issued under’’ and inserting the following: 

‘‘issued— 

‘‘(1) under’’; 

(2) by striking ‘‘and on’’ and inserting ‘‘, and on’’; 

(3) by striking ‘‘requirements.’’ and inserting ‘‘requirements; 

and’’; and 

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

‘‘(2) under section 9 of the Small Business Act (15 U.S.C. 

638), and on compliance with those requirements.’’. 

SEC. 1709. REQUIREMENTS RELATING TO COMPETITIVE PROCEDURES 

AND JUSTIFICATION FOR AWARDS UNDER THE SBIR AND 

STTR PROGRAMS. 

(a) IN GENERAL.—Section 9(r)(4) of the Small Business Act 

(15 U.S.C. 638(r)(4)) is amended by striking ‘‘shall issue Phase 

III awards’’ and inserting the following: ‘‘shall— 

‘‘(A) consider an award under the SBIR program or 

the STTR program to satisfy the requirements under section 2304 of title 10, United States Code, and any other 

applicable competition requirements; and 

‘‘(B) issue, without further justification, Phase III 

awards’’. 

(b) CONFORMING AMENDMENTS.— 

(1) SMALL BUSINESS ACT.—Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is amended— 

(A) in the subsection heading, by inserting ‘‘, COMPETITIVE PROCEDURES, AND JUSTIFICATION FOR AWARDS’’ after 

‘‘AGREEMENTS’’; and 

(B) by amending the heading for paragraph (4) to read 

as follows: ‘‘COMPETITIVE PROCEDURES AND JUSTIFICATION

FOR AWARDS’’. 

(2) TITLE 10.—Section 2304(f) of title 10, United States 

Code, is amended— 

(A) in paragraph (1), by inserting ‘‘and paragraph (6)’’ 

after ‘‘paragraph (2)’’; and 

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

10 USC 2411 

note prec. 


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131 STAT. 1810 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(6) The justification and approval required by paragraph 

(1) is not required in the case of a Phase III award made 

pursuant to section 9(r)(4) of the Small Business Act (15 U.S.C. 

638(r)(4)).’’. 

SEC. 1710. PILOT PROGRAM FOR STREAMLINED TECHNOLOGY TRANSITION FROM THE SBIR AND STTR PROGRAMS OF THE 

DEPARTMENT OF DEFENSE. 

(a) DEFINITIONS.—In this section— 

(1) the terms ‘‘commercialization’’, ‘‘Federal agency’’, ‘‘Phase 

I’’, ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have the 

meanings given those terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)); 

(2) the term ‘‘covered small business concern’’ means— 

(A) a small business concern that completed a Phase 

II award under the SBIR or STTR program of the Department; or 

(B) a small business concern that— 

(i) completed a Phase I award under the SBIR 

or STTR program of the Department; and 

(ii) a contracting officer for the Department recommended for inclusion in a multiple award contract 

described in subsection (b); 

(1) the term ‘‘Department’’ means the Department of 

Defense; 

(2) the term ‘‘military department’’ has the meaning given 

the term in section 101 of title 10, United States Code; 

(3) the term ‘‘multiple award contract’’ has the meaning 

given the term in section 3302(a) of title 41, United States 

Code; 

(4) the term ‘‘pilot program’’ means the pilot program established under subsection (b); and 

(5) the term ‘‘small business concern’’ has the meaning 

given the term in section 3 of the Small Business Act (15 

U.S.C. 632). 

(b) ESTABLISHMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary of Defense shall establish 

a pilot program under which the Department shall award multiple 

award contracts to covered small business concerns for the purchase 

of technologies, supplies, or services that the covered small business 

concern has developed through the SBIR or STTR program. 

(c) WAIVER OF COMPETITION IN CONTRACTING ACT REQUIREMENTS.—The Secretary of Defense may establish procedures to 

waive provisions of section 2304 of title 10, United States Code, 

for purposes of carrying out the pilot program. 

(d) USE OF CONTRACT VEHICLE.—A multiple award contract 

described in subsection (b) may be used by any military department 

or component of the Department. 

(e) TERMINATION.—The pilot program established under this 

section shall terminate on September 30, 2023. 

(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prevent the commercialization of products and services 

produced by a small business concern under an SBIR or STTR 

program of a Federal agency through— 

(1) direct awards for Phase III of an SBIR or STTR program; or 

(2) any other contract vehicle. 

10 USC 2304 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1811 

SEC. 1711. PILOT PROGRAM ON STRENGTHENING MANUFACTURING 

IN THE DEFENSE INDUSTRIAL BASE. 

(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall 

carry out a pilot program to assess the feasibility and advisability 

of increasing the capability of the defense industrial base to support— 

(1) production needs to meet military requirements; and 

(2) manufacturing and production of emerging defense and 

commercial technologies. 

(b) AUTHORITIES.—The Secretary shall carry out the pilot program under the following: 

(1) Chapters 137 and 139 and sections 2371, 2371b, and 

2373 of title 10, United States Code. 

(2) Such other legal authorities as the Secretary considers 

applicable to carrying out the pilot program. 

(c) ACTIVITIES.—Activities under the pilot program may include 

the following: 

(1) Use of contracts, grants, or other transaction authorities 

to support manufacturing and production capabilities in smalland medium-sized manufacturers. 

(2) Purchases of goods or equipment for testing and certification purposes. 

(3) Incentives, including purchase commitments and cost 

sharing with nongovernmental sources, for the private sector 

to develop manufacturing and production capabilities in areas 

of national security interest. 

(4) Issuing loans or providing loan guarantees to smalland medium-sized manufacturers to support manufacturing and 

production capabilities in areas of national security interest. 

(5) Giving awards to third party entities to support investments in small- and medium-sized manufacturers working in 

areas of national security interest, including debt and equity 

investments that would benefit missions of the Department 

of Defense. 

(6) Such other activities as the Secretary determines necessary. 

(d) TERMINATION.—The pilot program shall terminate on the 

date that is four years after the date of the enactment of this 

Act. 

(e) BRIEFING REQUIRED.—No later than January 31, 2022, the 

Secretary of Defense shall provide a briefing to the Committees 

on Armed Services in the Senate and the House of Representatives 

on the results of the pilot program. 

SEC. 1712. REVIEW REGARDING APPLICABILITY OF FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE REQUIREMENTS OF 

NATIONAL INDUSTRIAL SECURITY PROGRAM TO 

NATIONAL TECHNOLOGY AND INDUSTRIAL BASE COMPANIES. 

(a) REVIEW.—The Secretary of Defense, with the concurrence 

of the Secretary of State and after consultation with the Director 

of the Information Security Oversight Office, shall review whether 

organizations whose ownership or majority control is based in a 

country that is part of the national technology and industrial base 

should be exempted from one or more of the foreign ownership, 

control, or influence requirements of the National Industrial Security Program. 

10 USC 2536 

note. 

10 USC 2505 

note. 


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131 STAT. 1812 PUBLIC LAW 115–91—DEC. 12, 2017 

(b) AUTHORITY.—The Secretary of Defense may establish a program to exempt organizations described under subsection (a) from 

one or more of the foreign ownership, control, or influence requirements of the National Industrial Security Program. Any such program shall comply with the requirements of this subsection. 

(1) IN GENERAL.—Under a program established under this 

subsection, the Secretary, with the concurrence of the Secretary 

of State and after consultation with the Director of the Information Security Oversight Office, shall maintain a list of organizations owned or controlled by a country that is part of the 

national technology and industrial base that are eligible for 

exemption from the requirements described under such subsection. 

(2) DETERMINATIONS OF ELIGIBILITY.—Under a program 

established under this subsection, the Secretary of Defense, 

with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, may (on a case-by-case basis and for the purpose 

of supporting specific needs of the Department of Defense) 

designate an organization whose ownership or majority control 

is based in a country that is part of the national technology 

and industrial base as exempt from the requirements described 

under subsection (a) upon a determination that such exemption— 

(A) is beneficial to improving collaboration within countries that are a part of the national technology and industrial base; 

(B) is in the national security interest of the United 

States; and 

(C) will not result in a greater risk of the disclosure 

of classified or sensitive information consistent with the 

National Industrial Security Program. 

(3) EXERCISE OF AUTHORITY.—The authority under this subsection may be exercised beginning on the date that is the 

later of— 

(A) the date that is 60 days after the Secretary of 

Defense, in consultation with the Secretary of State and 

the Director of the Information Security Oversight Office, 

submits to the appropriate congressional committees a 

report summarizing the review conducted under subsection 

(a); and 

(B) the date that is 30 days after the Secretary of 

Defense, in consultation with the Secretary of State and 

the Director of the Information Security Oversight Office, 

submits to the appropriate congressional committees a written notification of a determination made under paragraph 

(2), including a discussion of the issues related to the 

foreign ownership or control of the organization that were 

considered as part of the determination. 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ has the meaning given 

the term in section 301 of title 10, United States Code. 

(2) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.—the 

term ‘‘national technology and industrial base’’ has the meaning 

given the term in section 2500 of title 10, United States Code. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1813 

SEC. 1713. REPORT ON SOURCING OF TUNGSTEN AND TUNGSTEN POWDERS FROM DOMESTIC PRODUCERS. 

(a) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the procurement 

of tungsten and tungsten powders for military applications. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) An overview of the quantities and countries of origin 

of tungsten and tungsten powders that are procured by the 

Department of Defense or prime contractors of the Department 

for military applications. 

(2) An evaluation of the effects on the Department if the 

Secretary of Defense prioritizes the procurement of tungsten 

and tungsten powders from only domestic producers. 

(3) An evaluation of the effects on the Department if tungsten and tungsten powders are required to be procured from 

only domestic producers. 

(4) An estimate of any costs associated with domestic 

sourcing requirements related to tungsten and tungsten powders. 

SEC. 1714. REPORT ON UTILIZATION OF SMALL BUSINESS CONCERNS 

FOR FEDERAL CONTRACTS. 

(a) FINDINGS.—Congress finds that— 

(1) since the passage of the Budget Control Act of 2011 

(Public Law 112–25; 125 Stat. 240), many Federal agencies 

have started favoring longer-term Federal contracts, including 

multiple award contracts, over direct individual awards; 

(2) these multiple award contracts have grown to more 

than one-fifth of Federal contract spending, with the fastest 

growing multiple award contracts each surpassing $100,000,000 

in obligations for the first time between 2013 and 2014; 

(3) in fiscal year 2017, 17 of the 20 largest Federal contract 

opportunities are multiple award contracts; 

(4) while Federal agencies may choose to use any or all 

of the various socioeconomic groups on a multiple award contract, the Small Business Administration only examines the 

performance of socioeconomic groups through the small business procurement scorecard and does not examine potential 

opportunities for those groups; and 

(5) Congress and the Department of Justice have been 

clear that no individual socioeconomic group shall be given 

preference over another. 

(b) DEFINITIONS.—In this section— 

(1) the term ‘‘Administrator’’ means the Administrator of 

the Small Business Administration; 

(2) the term ‘‘covered small business concerns’’ means— 

(A) qualified HUBZone small business concerns; 

(B) small business concerns owned and controlled by 

service-disabled veterans; 

(C) small business concerns owned and controlled by 

women; and 

(D) small business concerns owned and controlled by 

socially and economically disadvantaged individuals, as 

defined under section 8(d)(3)(C) of the Small Business Act 

(15 U.S.C. 637(d)(3)(C)); and 


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131 STAT. 1814 PUBLIC LAW 115–91—DEC. 12, 2017 

(3) the terms ‘‘qualified HUBZone small business concern’’, 

‘‘small business concern’’, ‘‘small business concern owned and 

controlled by service-disabled veterans’’, and ‘‘small business 

concern owned and controlled by women’’ have the meanings 

given those terms in section 3 of the Small Business Act (15 

U.S.C. 632). 

(c) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Administrator 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 that includes— 

(A) a determination as to whether small business concerns and each category of covered small business concern 

are being utilized in a significant portion of the multiple 

award contracts awarded by the Federal Government, 

including— 

(i) whether awards are reserved for concerns in 

1 or more of those categories; and 

(ii) whether concerns in each such category are 

given the opportunity to perform on multiple award 

contracts; 

(B) a determination as to whether performance requirements for multiple award contracts, as in effect on the 

day before the date of enactment of this Act, are feasible 

and appropriate for small business concerns and covered 

small business concerns; and 

(C) any additional information as the Administrator 

may determine necessary. 

(2) REQUIREMENT.—In making the determinations required 

under paragraph (1), the Administrator shall use information— 

(A) from multiple award contracts with varied assigned 

North American Industry Classification System codes; and 

(B) about the awards of multiple award contracts from 

not less than eight Federal agencies. 

TITLE XVIII—GOVERNMENT PURCHASE 

AND TRAVEL CARDS 

Sec. 1801. Short title. 

Sec. 1802. Definitions. 

Sec. 1803. Expanded use of data analytics. 

Sec. 1804. Guidance on improving information sharing to curb improper payments. 

Sec. 1805. Interagency charge card data management group. 

Sec. 1806. Reporting requirements. 

SEC. 1801. SHORT TITLE. 

This title may be cited as the ‘‘Saving Federal Dollars Through 

Better Use of Government Purchase and Travel Cards Act of 2017’’. 

SEC. 1802. DEFINITIONS. 

In this title: 

(1) IMPROPER PAYMENT.—The term ‘‘improper payment’’ has 

the meaning given the term in section 2 of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). 

(2) QUESTIONABLE TRANSACTION.—The term ‘‘questionable 

transaction’’ means a charge card transaction that from initial 

card data appears to be high risk and may therefore be 

Saving Federal 

Dollars Through 

Better Use of 

Government 

Purchase and 

Travel Cards Act 

of 2017. 

31 USC 3321 

note. 


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improper due to non-compliance with applicable law, regulation 

or policy. 

(3) STRATEGIC SOURCING.—The term ‘‘strategic sourcing’’ 

means analyzing and modifying a Federal agency’s spending 

patterns to better leverage its purchasing power, reduce costs, 

and improve overall performance. 

SEC. 1803. EXPANDED USE OF DATA ANALYTICS. 

(a) STRATEGY.—Not later than 180 days after the date of the 

enactment of this Act, the Director of the Office of Management 

and Budget, in consultation with the Administrator for General 

Services, shall develop a strategy to expand the use of data analytics 

in managing government purchase and travel charge card programs. 

These analytics may employ existing General Services Administration capabilities, and may be in conjunction with agencies’ capabilities, for the purpose of— 

(1) identifying examples or patterns of questionable transactions and developing enhanced tools and methods for agency 

use in— 

(A) identifying questionable purchase and travel card 

transactions; and 

(B) recovering improper payments made with purchase 

and travel cards; 

(2) identifying potential opportunities for agencies to further leverage administrative process streamlining and cost 

reduction from purchase and travel card use, including additional agency opportunities for card-based strategic sourcing; 

(3) developing a set of purchase and travel card metrics 

and benchmarks for high-risk activities, which shall assist agencies in identifying potential emphasis areas for their purchase 

and travel card management and oversight activities, including 

those required by the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112–194); and 

(4) developing a plan, which may be based on existing 

capabilities, to create a library of analytics tools and data 

sources for use by Federal agencies (including inspectors general of those agencies). 

SEC. 1804. GUIDANCE ON IMPROVING INFORMATION SHARING TO 

CURB IMPROPER PAYMENTS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Director of the Office of Management 

and Budget, in consultation with the Administrator of General 

Services and the interagency charge card data management group 

established under section 1805, shall issue guidance on improving 

information sharing by government agencies for the purposes of 

section 1803(a)(1). 

(b) ELEMENTS.—The guidance issued under subsection (a) 

shall— 

(1) require relevant officials at Federal agencies to identify 

high-risk activities and communicate that information to the 

appropriate management levels within the agencies; 

(2) require that appropriate officials at Federal agencies 

review the reports issued by charge card-issuing banks on 

questionable transaction activity (such as purchase and travel 

card pre-suspension and suspension reports, delinquency 

reports, and exception reports), including transactions that 


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131 STAT. 1816 PUBLIC LAW 115–91—DEC. 12, 2017 

occur with high-risk activities, and suspicious timing or 

amounts of cash withdrawals or advances; 

(3) provide for the appropriate sharing of information 

related to potential questionable transactions, fraud schemes, 

and high-risk activities with the General Services Administration and the appropriate officials in Federal agencies; 

(4) consider the recommendations made by Inspectors General or the best practices Inspectors General have identified; 

and 

(5) include other requirements determined appropriate by 

the Director for the purposes of carrying out this title. 

SEC. 1805. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP. 

(a) ESTABLISHMENT.—The Administrator of General Services 

and the Director of the Office of Management and Budget shall 

establish a purchase and travel charge card data management 

group to develop and share best practices for the purposes described 

in section 1803(a). 

(b) ELEMENTS.—The best practices developed under subsection 

(a) shall— 

(1) cover rules, edits, and task order or contract modifications related to charge card-issuing banks; 

(2) include the review of accounts payable information and 

purchase and travel card transaction data of agencies for the 

purpose of identifying potential strategic sourcing and other 

additional opportunities (such as recurring payments, utility 

payments, and grant payments) for which the charge cards 

or related payment products could be used as a payment 

method; and 

(3) include other best practices as determined by the 

Administrator and Director. 

(c) MEMBERSHIP.—The purchase and travel charge card data 

management group shall meet regularly as determined by the cochairs, for a duration of three years, and include those agencies 

as described in section 2 of the Government Charge Card Abuse 

Prevention Act of 2012 (Public Law 112–194) and others identified 

by the Administrator and Director. 

SEC. 1806. REPORTING REQUIREMENTS. 

(a) GENERAL SERVICES ADMINISTRATION REPORT.—Not later 

than one year after the date of the enactment of this Act, the 

Administrator for General Services shall submit to the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Oversight and Government Reform of the 

House of Representatives a report on the implementation of this 

title, including the metrics used in determining whether the analytic 

and benchmarking efforts have reduced, or contributed to the reduction of, questionable transactions or improper payments as well 

as improved utilization of card-based payment products. 

(b) AGENCY REPORTS AND CONSOLIDATED REPORT TO CONGRESS.—Not later than one year after the date of the enactment 

of this Act, the head of each Federal agency described in section 

2 of the Government Charge Card Abuse Prevention Act of 2012 

(Public Law 112–194) shall submit a report to the Director of 

the Office of Management and Budget on that agency’s activities 

to implement this title. 

(c) OFFICE OF MANAGEMENT AND BUDGET REPORT TO CONGRESS.—The Director of the Office of Management and Budget 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1817 

shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight 

and Government Reform of the House of Representatives a consolidated report of agency activities to implement this title, which 

may be included as part of another report submitted by the Director 

to the Committee on Homeland Security and Governmental Affairs 

of the Senate and the Committee on Oversight and Government 

Reform of the House of Representatives. 

(d) REPORT ON ADDITIONAL SAVINGS OPPORTUNITIES.—Not later 

than one year after the date of the enactment of this Act, the 

Administrator of General Services shall submit to the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Oversight and Government Reform of the 

House of Representatives a report identifying and exploring further 

potential savings opportunities for government agencies under the 

Federal charge card programs. This report may be combined with 

the report required under subsection (a). 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2018’’. 

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 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, 2022; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2023. 

(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— 

(1) October 1, 2022; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2023 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

(c) EXTENSION OF AUTHORIZATIONS OF FISCAL YEAR 2016 AND

FISCAL YEAR 2017 PROJECTS.— 

(1) FISCAL YEAR 2016 PROJECTS.—Section 2002 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1145) is amended— 

(A) in subsection (a)— 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2018. 


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131 STAT. 1818 PUBLIC LAW 115–91—DEC. 12, 2017 

(i) in paragraph (1), by striking ‘‘2018’’ and 

inserting ‘‘2020’’; and 

(ii) in paragraph (2), by striking ‘‘2019’’ and 

inserting ‘‘2021’’; and 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘2018’’ and 

inserting ‘‘2020’’; and 

(ii) in paragraph (2), by striking ‘‘2019’’ and 

inserting ‘‘2021’’. 

(2) FISCAL YEAR 2017 PROJECTS.—Section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 129 Stat. 1145) is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘2019’’ and 

inserting ‘‘2021’’; and 

(ii) in paragraph (2), by striking ‘‘2020’’ and 

inserting ‘‘2022’’; and 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘2019’’ and 

inserting ‘‘2021’’; and 

(ii) in paragraph (2), by striking ‘‘2020’’ and 

inserting ‘‘2022’’. 

SEC. 2003. EFFECTIVE DATE. 

Titles XXI through XXVII and title XXIX shall take effect 

on the later of— 

(1) October 1, 2017; 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. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2014 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2015 project. 

Sec. 2107. Extension of authorization of certain fiscal year 2014 project. 

Sec. 2108. Extension of authorizations of certain fiscal year 2015 projects. 

Sec. 2109. Additional authority to carry out certain fiscal year 2000, 2005, 2006, 

and 2007 projects. 

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 2104(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 .................. Fort Rucker ............................................... $38,000,000 

Arizona .................... Davis-Monthan Air Force Base ............... $22,000,000 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1819 

Army: Inside the United States—Continued 

State Installation Amount 

Fort Huachuca .......................................... $30,000,000 

California ................ Fort Irwin ................................................. $3,000,000 

Colorado .................. Fort Carson ............................................... $29,300,000 

Florida ..................... Eglin Air Force Base ................................ $18,000,000 

Georgia .................... Fort Benning ............................................ $38,800,000 

Fort Gordon .............................................. $51,500,000 

Hawaii ..................... Pohakuloa Training Area ........................ $25,000,000 

Indiana .................... Crane Army Ammunition Plant .............. $24,000,000 

New York ................ U.S. Military Academy ............................ $22,000,000 

South Carolina ....... Fort Jackson ............................................. $60,000,000 

Shaw Air Force Base ............................... $25,000,000 

Texas ....................... Camp Bullis .............................................. $13,600,000 

Fort Hood .................................................. $70,000,000 

Virginia ................... Joint Base Langley-Eustis ....................... $34,000,000 

Joint Base Myer-Henderson .................... $20,000,000 

Washington ............. Joint Base Lewis-McChord ...................... $66,000,000 

Yakima ...................................................... $19,500,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104(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 

military construction project for the installations or locations outside 

the United States, and in the amounts, set forth in the following 

table: 

Army: Outside the United States 

Country Installation Amount 

Germany ................. Stuttgart .................................................... $40,000,000 

Weisbaden ................................................. $43,000,000 

Korea ........................ Kunsan Air Base ....................................... $53,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(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 

Georgia ............... Fort Gordon ...... Family Housing 

New Construction ................. $6,100,000 


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131 STAT. 1820 PUBLIC LAW 115–91—DEC. 12, 2017 

Army: Family Housing—Continued 

State/Country Installation Units Amount 

Germany ............. South Camp 

Vilseck.

Family Housing 

New Construction ................. $22,445,000 

Kwajalein ........... Kwajalein Atoll Family Housing 

Replacement 

Construction .. $31,000,000 

Massachusetts .... Natick ................ Family Housing 

Replacement 

Construction .. $21,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104(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 

$33,559,000. 

SEC. 2103. 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 2104(a) and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Army may improve existing military family housing 

units in an amount not to exceed $34,156,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2017, 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 

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 may not exceed the total amount authorized to be appropriated 

under subsection (a), as specified in the funding table in section 

4601. 

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2014 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 986) 

for Joint Base Lewis-McChord, Washington, for construction of an 

airfield operations complex, the Secretary of the Army may construct standby generator capacity of 1,000 kilowatts. 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2015 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1821 

Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 

3670) for Fort Shafter, Hawaii, for construction of a command 

and control facility, the Secretary of the Army may construct 15 

megawatts of redundant power generation for a total project amount 

of $370,000,000. 

SEC. 2107. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2014 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B 

of Public Law 113–66; 127 Stat. 985), the authorization set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (127 Stat. 986), shall remain in effect until October 1, 2018, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2014 Project Authorization 

State or 

Country 

Installation 

or Location Project Amount 

Japan ..... Kyogamisaki ............ Company Operations Complex .. $33,000,000 

SEC. 2108. 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, 2018, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2015 Project Authorizations 

State/ 

Country 

Installation 

or Location Project Amount 

California Military 

Ocean 

Terminal 

Concord .. Access Control Point ...... $9,900,000 

Hawaii ... Fort Shafter Command and Control 

Facility (SCIF) ............ $370,000,000 

Japan ...... Kadena Air 

Base ........ Missile Magazine ............ $10,600,000 

Texas ...... Fort Hood ... Simulation Center .......... $46,000,000 

SEC. 2109. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL 

YEAR 2000, 2005, 2006, AND 2007 PROJECTS. 

(a) PROJECT AUTHORIZATION.—In connection with the authorizations contained in the tables in section 2101(a) of the Military 


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131 STAT. 1822 PUBLIC LAW 115–91—DEC. 12, 2017 

Construction Authorization Act for Fiscal Year 2000 (division B 

of Public Law 106–65; 113 Stat. 825), section 2101(a) of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B 

of Public Law 108–375; 118 Stat. 2101), section 2101(a) of the 

Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3485), and section 2101(a) 

of the Military Construction Authorization Act for Fiscal Year 2007 

(division B of Public Law 109–364; 120 Stat. 2445) for Fort Irwin, 

California, for Land Acquisition – National Training Center, Phases 

1 through 4, the Secretary of the Army may carry out military 

construction projects to complete the land acquisitions within the 

initial scope of the projects. 

(b) CONGRESSIONAL NOTIFICATION.—The Secretary of the Army 

shall provide information in accordance with section 2851(c) of 

title 10, United States Code, regarding the projects described in 

subsection (a). 

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. 2205. Extension of authorizations for certain fiscal year 2014 projects. 

Sec. 2206. Extension of authorizations of certain fiscal year 2015 projects. 

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) 

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 ................ Yuma ................................................. $36,358,000 

California ............. Barstow ............................................. $36,539,000 

Camp Pendleton ............................... $61,139,000 

Coronado ........................................... $36,000,000 

Lemoore ............................................ $60,828,000 

Miramar ............................................ $47,600,000 

Twentynine Palms ........................... $55,099,000 

Florida ................. Mayport ............................................ $84,818,000 

Georgia ................ Albany ............................................... $43,300,000 

Guam ................... Joint Region Marianas .................... $284,679,000 

Hawaii ................. Joint Base Pearl Harbor-Hickam ... $73,200,000 

Kaneohe Bay .................................... $26,492,000 

Wahiawa ........................................... $65,864,000 

Maine ................... Kittery .............................................. $61,692,000 

North Carolina .... Camp Lejeune .................................. $103,767,000 

Cherry Point Marine Corps Air 

Station ........................................... $15,671,000 


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Navy: Inside the United States—Continued 

State Installation or Location Amount 

Virginia ................ Dam Neck ......................................... $29,262,000 

Joint Expeditionary Base Little 

Creek-Story ................................... $2,596,000 

Portsmouth ....................................... $72,990,000 

Quantico ........................................... $23,738,000 

Yorktown .......................................... $36,358,000 

Washington ......... Indian Island .................................... $44,440,000 

(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: 

Navy: Outside the United States 

Country Installation or Location Amount 

Greece .................. Souda Bay ........................................ $22,045,000 

Japan .................. Iwakuni ............................................. $21,860,000 

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 

Bahrain Island ... SW Asia ............. Construct OnBase GFOQ ... $2,138,000 

Mariana Islands Guam ................. Replace Andersen Housing 

PH II .............. $40,875,000 

(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 $4,418,000. 


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131 STAT. 1824 PUBLIC LAW 115–91—DEC. 12, 2017 

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 $36,251,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2017, 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 may not exceed the total amount authorized to be appropriated 

under subsection (a), as specified in the funding table in section 

4601. 

SEC. 2205. EXTENSION OF AUTHORIZATIONS FOR CERTAIN FISCAL 

YEAR 2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B 

of Public Law 113–66; 127 Stat. 985), the authorizations set forth 

in the table in subsection (b), as provided in section 2201 of that 

Act (127 Stat. 989) and extended by section 2207 of the Military 

Construction Authorization Act for Fiscal Year 2017 (division B 

of Public Law 114–328; 130 Stat. 2694), shall remain in effect 

until October 1, 2018, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2019, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2014 Project Authorizations 

State Installation or 

Location Project Amount 

Illinois ................. Great Lakes ...... Unaccompanied 

Housing .......... $35,851,000 

Nevada ................ Fallon ................ Wastewater 

Treatment 

Plant .............. $11,334,000 

Virginia ............... Quantico ............ Fuller Road Improvements .... $9,013,000 

SEC. 2206. 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 2201 

of that Act (128 Stat. 3675), shall remain in effect until October 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1825 

1, 2018, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2015 Project Authorizations 

State Installation or 

Location Project Amount 

District of Columbia .............. NSA Washington Electronics 

Science and 

Technology Lab $37,882,000 

Maryland ............. Indian Head ........ Advanced 

Energetics Research Lab 

Complex Phase 

2 ....................... $15,346,000 

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 fiscal year 2017 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2015 projects. 

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 .... $168,900,000 

Arkansas ........................ Little Rock Air Force 

Base.

$20,000,000 

California ....................... Travis Air Force Base ...... $114,700,000 

Colorado ......................... Buckley Air Force Base ... $38,000,000 

Fort Carson ...................... $13,000,000 

U.S. Air Force Academy .. $30,000,000 

Florida ........................... Eglin Air Force Base ....... $90,700,000 

MacDill Air Force Base ... $8,100,000 

Tyndall Air Force Base ... $17,000,000 

Georgia .......................... Robins Air Force Base ..... $9,800,000 

Kansas ........................... McConnell Air Force Base $17,500,000 

Maryland ....................... Joint Base Andrews ......... $271,500,000 


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131 STAT. 1826 PUBLIC LAW 115–91—DEC. 12, 2017 

Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Nevada ........................... Nellis Air Force Base ...... $61,000,000 

New Jersey .................... McGuire-Dix-Lakehurst .. $146,500,000 

New Mexico ................... Cannon Air Force Base ... $42,000,000 

Holloman Air Force Base $4,250,000 

Kirtland Air Force Base .. $9,300,000 

North Dakota ................ Minot Air Force Base ...... $27,000,000 

Ohio ................................ Wright-Patterson Air 

Force Base.

$6,800,000 

Oklahoma ...................... Altus Air Force Base ....... $20,900,000 

Texas .............................. Joint Base San Antonio ... $156,630,000 

Utah ............................... Hill Air Force Base .......... $28,000,000 

Wyoming ........................ F.E. Warren Air Force 

Base.

$62,000,000 

(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 installations or locations outside the United States, and in the amounts, set forth in the following 

table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Australia ......................... Darwin ............................ $76,000,000 

United Kingdom ............. RAF Fairford .................. $45,650,000 

RAF Lakenheath ............ $136,992,000 

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 $4,445,000. 

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 $80,617,000. 

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, 2017, for military construction, land acquisition, and 


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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 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 

FISCAL YEAR 2017 PROJECTS. 

(a) HANSCOM AIR FORCE BASE.—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 Hanscom Air Force Base, Massachusetts, for construction of a gate complex at the installation, the 

Secretary of the Air Force may construct a visitor control center 

of 187 square meters, a traffic check house of 294 square meters, 

and an emergency power generator system and transfer switch 

consistent with the Air Force’s construction guidelines. 

(b) MARIANA ISLANDS.—In the case of 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 acquiring 142 hectares of land at 

an unspecified location in the Mariana Islands, the Secretary of 

the Air Force may acquire 142 hectares of land on Tinian in the 

Northern Mariana Islands for a cost of $21,900,000. 

(c) CHABELLEY AIRFIELD.—In the case of the authorization contained in the table in section 2902 of the Military Construction 

Authorization Act for Fiscal Year 2017 (division B of Public Law 

114–328; 130 Stat. 2743) for Chabelley Airfield, Djibouti, for 

construction of a parking apron and taxiway at that location, the 

Secretary of the Air Force may construct 20,490 square meters 

of taxiway and apron, 8,230 square meters of paved shoulders, 

10,650 square meters of hangar pads, and 3,900 square meters 

of cargo apron. 

(d) SCOTT AIR FORCE BASE.—The table in section 4601 of the 

Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2877) is amended in 

the item relating to Scott Air Force Base, Illinois, by striking 

‘‘Consolidated Corrosion Facility add/alter.’’ in the project title 

column and inserting ‘‘Consolidated Communication Facility add/ 

alter.’’. 

SEC. 2306. 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 2301 

of that Act (128 Stat. 3679), shall remain in effect until October 

1, 2018, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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Air Force: Extension of 2015 Project Authorization 

State Installation Project Amount 

Alaska ................. Clear Air Force 

Station ........... Emergency 

Power Plant 

Fuel Storage .. $11,500,000 

Oklahoma ........... Tinker Air Force 

Base ............... KC-46 Two-Bay 

Maintenance 

Hangar ........... $63,000,000 

TITLE XXIV—DEFENSE AGENCIES 

MILITARY CONSTRUCTION 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy resiliency and conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2017 project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2014 projects. 

Sec. 2406. Extension of authorizations of certain fiscal year 2015 projects. 

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 ............................... Fort Greely ................................... $200,000,000 

California .......................... Camp Pendleton ........................... $43,642,000 

Coronado ....................................... $258,735,000 

Colorado ............................ Schriever Air Force Base ............. $10,200,000 

Florida ............................... Eglin Air Force Base ................... $9,100,000 

Hurlburt Field .............................. $46,400,000 

Georgia .............................. Fort Gordon .................................. $10,350,000 

Guam ................................. Andersen Air Force Base ............. $23,900,000 

Hawaii ............................... Kunia ............................................ $5,000,000 

Missouri ............................ Fort Leonard Wood ...................... $393,241,000 

St. Louis ........................................ $381,000,000 

New Mexico ..................... Cannon Air Force Base ............... $8,228,000 

North Carolina ................ Camp Lejeune .............................. $90,039,000 

Fort Bragg .................................... $57,778,000 

Seymour Johnson Air Force Base $20,000,000 

South Carolina .................. Shaw Air Force Base ................... $22,900,000 

Utah .................................. Hill Air Force Base ...................... $20,000,000 

Virginia ............................. Joint Expeditionary Base Little 

Creek-Story ............................... $23,000,000 

Norfolk .......................................... $18,500,000 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1829 

Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

Pentagon ....................................... $50,100,000 

Portsmouth ................................... $22,500,000 

Worldwide Unspecified .... Unspecified Worldwide Locations $64,364,000 

(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 

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 

Germany ................. Spangdahlem Air Base ........................... $79,141,000 

Stuttgart .................................................. $46,609,000 

Greece ..................... Souda Bay ............................................... $18,100,000 

Italy ........................ Vicenza .................................................... $62,406,000 

Japan ...................... Iwakuni ................................................... $30,800,000 

Kadena Air Base ..................................... $27,573,000 

Okinawa .................................................. $11,900,000 

Sasebo ...................................................... $45,600,000 

Torii Commo Station .............................. $25,323,000 

Puerto Rico ............. Punta Borinquen ..................................... $61,071,000 

United Kingdom .... Menwith Hill Station .............................. $11,000,000 

SEC. 2402. AUTHORIZED ENERGY RESILIENCY AND CONSERVATION 

PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for energy resiliency and conservation projects inside 

the United States as specified in the funding table in section 4601, 

the Secretary of Defense may carry out energy resiliency and conservation projects under chapter 173 of title 10, United States 

Code, for the installations or locations inside the United States, 

and the amounts set forth in the following table: 

Energy Resiliency and Conservation Projects: Inside the United States 

State Installation or Location Amount 

Colorado ................. Schriever Air Force Base ....................... $15,260,000 

Guam ...................... Andersen Air Force Base ....................... $5,880,000 

NAVBASE Guam .................................... $6,920,000 

Hawaii .................... MCBH Kaneohe Bay .............................. $6,185,000 

Illinois ..................... MTC Marseilles ....................................... $3,000,000 

Maryland ................ NSA South Potomac-Indian Head ......... $10,790,000 

Missouri .................. Fort Leonard Wood ................................. $5,300,000 

Montana ................. Malmstrom Air Force Base .................... $6,086,000 

North Carolina ....... Fort Bragg ............................................... $3,000,000 

Lejeune/New River ................................. $9,750,000 

Utah ........................ Tooele Army Depot ................................. $6,400,000 


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131 STAT. 1830 PUBLIC LAW 115–91—DEC. 12, 2017 

Energy Resiliency and Conservation Projects: Inside the United States— 

Continued 

State Installation or Location Amount 

Dugway Proving Ground ........................ $8,700,000 

Hill Air Force Base ................................. $8,467,000 

Wyoming ................. F.E. Warren ............................................. $4,500,000 

Various Locations .. Various Locations ................................... $27,232,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403(a) 

and available for energy resiliency and conservation projects outside 

the United States as specified in the funding table in section 4601, 

the Secretary of Defense may carry out energy resiliency and conservation projects under chapter 173 of title 10, United States 

Code, for the installations or locations outside the United States, 

and in the amounts, set forth in the following table: 

Energy Resiliency and Conservation Projects: Outside the United States 

Country Installation or Location Amount 

Honduras ................ Soto Cano Air Base ................................. $12,600,000 

Italy ........................ NSA Naples ............................................. $2,700,000 

Japan ...................... CFA Yokosuka ........................................ $8,530,000 

Korea ...................... Osan Air Base ......................................... $13,700,000 

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, 2017, 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. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2017 PROJECT. 

In the case of the authorization in the table in section 2401(b) 

of the Military Construction Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2700) for Kaiserslautern, Germany, 

for construction of the Sembach Elementary/Middle School Replacement, the Secretary of Defense may construct an elementary school. 

SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2014 (division B 

of Public Law 113–66; 127 Stat. 985), the authorizations set forth 

in the table in subsection (b), as provided in section 2401 of that 

Act (127 Stat. 995) and extended by section 2406 of the Military 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1831 

Construction Authorization Act for Fiscal Year 2017 (division B 

of Public Law 114–328; 130 Stat. 2702), shall remain in effect 

until October 1, 2018, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2019, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Defense Agencies: Extension of 2014 Project Authorizations 

State/Country Installation or 

Location Project Amount 

United 

Kingdom Royal Air Force 

Lakenheath ........ Lakenheath Middle/High School 

Replacement .... $69,638,000 

Virginia ...... Marine Corps Base 

Quantico ............. Quantico Middle/ 

High School Replacement ........ $40,586,000 

Pentagon ................ PFPA Support 

Operations 

Center .............. $14,800,000 

SEC. 2406. 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), shall remain in effect until October 

1, 2018, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Defense Agencies: Extension of 2015 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Australia .. Geraldton ................ Combined Communications 

Gateway 

Geraldton ......... $9,600,000 

Belgium .... Brussels ................... Brussels Elementary/High 

School Replacement ................. $41,626,000 

Japan ........ Okinawa .................. Kubasaki High 

School Replacement/Renovation ................... $99,420,000 


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131 STAT. 1832 PUBLIC LAW 115–91—DEC. 12, 2017 

Defense Agencies: Extension of 2015 Project 

Authorizations—Continued 

State/Country Installation or 

Location Project Amount 

Commander Fleet 

Activities Sasebo E.J. King High 

School Replacement/Renovation ................... $37,681,000 

Mississippi Stennis .................... SOF Land Acquisition Western 

Maneuver Area $17,224,000 

New Mexico .......... Cannon Air Force 

Base ..................... SOF Squadron 

Operations Facility (STS) ....... $23,333,000 

Virginia .... Defense Distribution Depot Richmond .................... Replace Access 

Control Point ... $5,700,000 

Joint Base LangleyEustis ................... Hospital Addition/ 

Central Utility 

Plant Replacement ................. $41,200,000 

Pentagon ................. Redundant 

Chilled Water 

Loop ................. $15,100,000 

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. 

Subtitle B—Host Country In-Kind Contributions 

Sec. 2511. Republic of Korea funded construction projects. 

Sec. 2512. Modification of authority to carry out certain fiscal year 2017 projects. 

Subtitle A—North Atlantic Treaty Organization Security Investment Program 

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 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1833 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2017, 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. 

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 

Humphreys ... Unaccompanied Enlisted Personnel 

Housing, Phase 1 .... $76,000,000 

Army ... Camp 

Humphreys ... Type I Aircraft Parking Apron ................ $10,000,000 

Air 

Force Kunsan 

Air Base Construct Airfield 

Damage Repair 

Warehouse .............. $6,500,000 

Air 

Force Osan Air 

Base ...... Main Gate Entry Control Facilities ........... $13,000,000 

SEC. 2512. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2017 PROJECTS. 

(a) CAMP HUMPHREYS.—In the case of the authorization contained in the table in section 2511 of the Military Construction 

Authorization Act for Fiscal Year 2017 (division B of Public Law 

114–328; 130 Stat. 2704) for Camp Humphreys, Republic of Korea, 

for construction of the 8th Army Correctional Facility, the Secretary 

of Defense may construct a level 1 correctional facility of 26,000 


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131 STAT. 1834 PUBLIC LAW 115–91—DEC. 12, 2017 

square feet and a utility and tool storage building of 400 square 

feet. 

(b) K-16 AIR BASE.—In the case of the authorization contained 

in the table in section 2511 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 

130 Stat. 2704) for the K-16 Air Base, Republic of Korea, for 

renovation of the Special Operations Forces (SOF) Operations 

Facility, B-606, the Secretary of Defense may renovate an operations 

administration area of 5,500 square meters. 

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 2015 project. 

Sec. 2612. Extension of authorizations of certain fiscal year 2014 projects. 

Sec. 2613. Extension of authorizations of certain fiscal year 2015 projects. 

Subtitle A—Project Authorizations and 

Authorization of Appropriations 

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 

Delaware ................ New Castle .............................................. $36,000,000 

Idaho ....................... Orchard Training Area ........................... $22,000,000 

MTC Gowen ............................................ $9,000,000 

Iowa ........................ Camp Dodge ............................................ $8,500,000 

Kansas .................... Fort Leavenworth ................................... $19,000,000 

Maine ...................... Presque Isle ............................................. $17,500,000 

Maryland ................ Sykesville ................................................ $19,000,000 

Minnesota ............... Arden Hills .............................................. $39,000,000 

Missouri .................. Springfield ............................................... $32,000,000 

New Mexico ............ Las Cruces ............................................... $8,600,000 

Virginia ................... Fort Belvoir ............................................. $15,000,000 

Fort Pickett ............................................. $4,550,000 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1835 

Army National Guard—Continued 

State Location Amount 

Washington ............ Tumwater ................................................ $31,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—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: 

Army Reserve: Inside the United States 

State Location Amount 

California ............... Fallbrook ................................................. $36,000,000 

Washington ............ Lewis-McChord ....................................... $30,000,000 

Wisconsin ............... Fort McCoy .............................................. $13,000,000 

(b) OUTSIDE THE UNITED STATES.—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 3102, the Secretary of the Army 

may acquire real property and carry out military construction 

projects for the Army Reserve locations outside the United States, 

and in the amounts, set forth in the following table: 

Army Reserve: Outside the United States 

State Location Amount 

Puerto Rico ............. Aguadilla ................................................. $12,400,000 

Fort Buchanan ........................................ $26,000,000 

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 ............... Lemoore ................................................... $17,330,000 

Georgia ................... Fort Gordon ............................................. $17,797,000 

New Jersey ............. Joint Base McGuire-Dix-Lakehurst ...... $11,573,000 

Texas ...................... Fort Worth ............................................... $12,637,000 


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131 STAT. 1836 PUBLIC LAW 115–91—DEC. 12, 2017 

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 ............... March Air Force Base ............................ $15,000,000 

Colorado ................. Peterson Air Force Base ......................... $8,000,000 

Connecticut ............ Bradley IAP ............................................. $7,000,000 

Indiana ................... Hulman Regional Airport ....................... $8,000,000 

Kentucky ................ Louisville IAP ......................................... $9,000,000 

Mississippi .............. Jackson International Airport ............... $8,000,000 

Missouri .................. Rosecrans Memorial Airport .................. $10,000,000 

New York ............... Hancock Field ......................................... $6,800,000 

Ohio ........................ Toledo Express Airport ........................... $15,000,000 

Oklahoma ............... Tulsa International Airport ................... $8,000,000 

Oregon .................... Klamath Falls IAP .................................. $18,500,000 

South Dakota ......... Joe Foss Field ......................................... $12,000,000 

Tennessee ............... McGhee-Tyson Airport ........................... $25,000,000 

Wisconsin ............... Dane County Regional/Airport Truax 

Field.

$8,000,000 

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 

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 ........................... $25,000,000 

Georgia ................... Robins Air Force Base ............................ $32,000,000 

Guam ...................... Joint Region Marianas ........................... $5,200,000 

Hawaii ................... Joint Base Pearl Harbor-Hickam .......... $5,500,000 

Massachusetts ........ Westover ARB ......................................... $10,000,000 

Minnesota ............... Minneapolis-St Paul IAP ....................... $9,000,000 

North Carolina ....... Seymour Johnson Air Force Base ......... $6,400,000 

Texas ...................... NAS JRB Fort Worth ............................. $3,100,000 

Utah ........................ Hill Air Force Base ................................. $3,100,000 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1837 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2017, 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 2015 PROJECT. 

In the case of the authorization contained in the table in 

section 2602 of the Military Construction Authorization Act for 

Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 

3688) for Starkville, Mississippi, for construction of an Army 

Reserve Center at that location, the Secretary of the Army may 

acquire approximately fifteen acres (653,400 square feet) of land. 

SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2014 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Act for Fiscal Year 2014 (division B of Public Law 

113–66; 127 Stat. 985), the authorizations set forth in the table 

in subsection (b), as provided in sections 2602, 2604, and 2605 

of that Act (127 Stat. 1001, 1002), shall remain in effect until 

October 1, 2018, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2019, whichever is 

later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

National Guard and Reserve: Extension of 2014 Project 

Authorizations 

State Installation or 

Location Project Amount 

Florida .. Homestead ARB Entry Control Complex $9,800,000 

Maryland Fort Meade ......... 175th Network Warfare Squadron Facility $4,000,000 

New York Bullville .............. Army Reserve Center $14,500,000 

SEC. 2613. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2015 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction 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 sections 2602 and 2604 of that 

Act (128 Stat. 3688, 3689), shall remain in effect until October 

1, 2018, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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National Guard and Reserve: Extension of 2015 Project 

Authorizations 

State Location Project Amount 

Mississippi ............... Starkville ...... Army Reserve 

Center 

$9,300,000 

New Hampshire ....... Pease ............. KC-46A 

ADAL Airfield 

Pavements 

and Hydrant 

Systems 

$7,100,000 

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. 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, 2017, 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. 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. Elimination of written notice requirement for military construction activities and reliance on electronic submission of notifications and reports. 

Sec. 2802. Modification of thresholds applicable to unspecified minor construction 

projects. 

Sec. 2803. Annual locality adjustment of dollar thresholds applicable to unspecified 

minor military construction authorities. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. 

Sec. 2805. Use of operation and maintenance funds for military construction 

projects to replace facilities damaged or destroyed by natural disasters 

or terrorism incidents. 


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Sec. 2806. Annual report on unfunded requirements for laboratory military construction projects. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Elimination of written notice requirement for military real property 

transactions and reliance on electronic submission of notifications and 

reports. 

Sec. 2812. Certification related to certain acquisitions or leases of real property. 

Sec. 2813. Increased term limit for intergovernmental support agreements to provide installation support services. 

Sec. 2814. Authorizing reimbursement of States for costs of suppressing wildfires 

caused by Department of Defense activities on State lands; restoration 

of lands of other Federal agencies for damage caused by Department of 

Defense vehicle mishaps. 

Sec. 2815. Criteria for exchanges of property at military installations. 

Sec. 2816. Land exchange valuation of property with reduced development that limits encroachment on military installations. 

Sec. 2817. Requirements for window fall prevention devices in military family housing. 

Sec. 2818. Prohibiting use of updated assessment of public schools on Department 

of Defense installations to supersede funding of certain projects. 

Sec. 2819. Access to military installations by transportation network companies. 

Subtitle C—Project Management and Oversight Reforms 

Sec. 2821. Notification requirement for certain cost increases. 

Sec. 2822. Annual report on schedule delays. 

Sec. 2823. Report on design errors and omissions related to Fort Bliss hospital replacement project. 

Sec. 2824. Report on cost increase and delay related to USSTRATCOM command 

and control facility project at Offutt Air Force Base. 

Subtitle D—Energy Resilience 

Sec. 2831. Energy resilience. 

Sec. 2832. Authority to use energy cost savings for energy resilience, mission assurance, and weather damage repair and prevention measures. 

Sec. 2833. Consideration of energy security and energy resilience in awarding energy and fuel contracts for military installations. 

Sec. 2834. Requirement to address energy resilience in exercising utility system 

conveyance authority. 

Sec. 2835. In-kind lease payments; prioritization of utility services that promote energy resilience. 

Sec. 2836. Annual Department of Defense energy management reports. 

Sec. 2837. Aggregation of energy efficiency and energy resilience projects in life 

cycle cost analyses. 

Subtitle E—Land Conveyances 

Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, 

California. 

Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho. 

Sec. 2843. Lease of real property to the United States Naval Academy Alumni Association and Naval Academy Foundation at United States Naval Academy, Annapolis, Maryland. 

Sec. 2844. Land Conveyance, Natick Soldier Systems Center, Massachusetts. 

Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas. 

Sec. 2846. Imposition of additional conditions on future use of Castner Range, Fort 

Bliss, Texas. 

Sec. 2847. Land conveyance, former missile alert facility known as Quebec-01, Laramie County, Wyoming. 

Subtitle F—Military Memorials, Monuments, and Museums 

Sec. 2861. Recognition of the National Museum of World War II Aviation. 

Sec. 2862. Principal office of Aviation Hall of Fame. 

Sec. 2863. Establishment of a visitor services facility on the Arlington Ridge tract. 

Sec. 2864. Modification of prohibition on transfer of veterans memorial objects to 

foreign governments without specific authorization in law. 

Subtitle G—Other Matters 

Sec. 2871. Authority of the Secretary of the Air Force to accept lessee improvements at Air Force Plant 42. 

Sec. 2872. Modification of Department of Defense guidance on use of airfield pavement markings. 


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Sec. 2873. Authority of Chief Operating Officer of Armed Forces Retirement Home 

to acquire and lease property. 

Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar 

Station. 

Sec. 2875. Permitting machine room-less elevators in Department of Defense facilities. 

Sec. 2876. Disclosure of beneficial ownership by foreign persons of high security 

space leased by the Department of Defense. 

Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia, with civil 

aviation. 

Sec. 2878. Report on hurricane damage to Department of Defense assets. 

Sec. 2879. Special rules for certain projects. 

Sec. 2880. Energy security for military installations in Europe. 

Subtitle A—Military Construction Program 

and Military Family Housing 

SEC. 2801. ELIMINATION OF WRITTEN NOTICE REQUIREMENT FOR 

MILITARY CONSTRUCTION ACTIVITIES AND RELIANCE ON 

ELECTRONIC SUBMISSION OF NOTIFICATIONS AND 

REPORTS. 

(a) MILITARY CONSTRUCTION AUTHORITIES.—Subchapter I of 

chapter 169 of title 10, United States Code, is amended as follows: 

(1) Section 2803(b) is amended— 

(A) by striking ‘‘in writing’’; 

(B) by striking ‘‘seven-day period’’ and inserting ‘‘fiveday period’’; and 

(C) by striking ‘‘or, if earlier, the end of the sevenday period beginning on the date on which a copy of the 

notification is provided’’. 

(2) Section 2804(b) is amended— 

(A) by striking ‘‘in writing’’; 

(B) by striking ‘‘14-day period’’ and inserting ‘‘sevenday period; and’’ 

(C) by striking ‘‘or, if earlier, the end of the sevenday period beginning on the date on which a copy of the 

notification is provided’’. 

(3) Section 2805 is amended— 

(A) in subsection (b)(2)— 

(i) by striking ‘‘in writing’’; 

(ii) by striking ‘‘21-day period’’ and inserting ‘‘14- 

day period’’; and 

(iii) by striking ‘‘or, if earlier, the end of the 14- 

day period beginning on the date on which a copy 

of the notification is provided’’; and 

(B) in subsection (d)(3)— 

(i) by striking ‘‘in writing’’; 

(ii) by striking ‘‘21-day period’’ and inserting ‘‘14- 

day period’’; and 

(iii) by striking ‘‘or, if earlier, the end of the 14- 

day period beginning on the date on which a copy 

of the notification is provided’’. 

(4) Section 2806(c) is amended— 

(A) in paragraph (1), by inserting ‘‘of Defense’’ after 

‘‘The Secretary’’; and 

(B) by striking ‘‘(A)’’ and all that follows through the 

end of the paragraph and inserting the following: ‘‘, only 

after the end of the 14-day period beginning on the date 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1841 

on which the Secretary submits, in an electronic medium 

pursuant to section 480 of this title, to the appropriate 

committees of Congress notice of the increase, including 

the reasons for the increase and the source of the funds 

to be used for the increase.’’. 

(5) Section 2807 is amended— 

(A) in subsection (b)— 

(i) by striking ‘‘21-day period’’ and inserting ‘‘14- 

day period’’; and 

(ii) by striking ‘‘or, if earlier, the end of the 14- 

day period beginning on the date on which a copy 

of the report is provided’’; and 

(B) in subsection (c), by striking ‘‘(1)’’ and all that 

follows through the end of the subsection and inserting 

the following: ‘‘only after the end of the 14-day period 

beginning on the date on which the Secretary submits, 

in an electronic medium pursuant to section 480 of this 

title, to the appropriate committees of Congress notice of 

the need for the increase, including the source of funds 

to be used for the increase.’’. 

(6) Section 2808(b) is amended by inserting after ‘‘notify’’ 

the following: ‘‘, in an electronic medium pursuant to section 

480 of this title,’’. 

(7) Section 2809 is amended by striking subsection (f) and 

inserting the following new subsection: 

‘‘(f) NOTICE AND WAIT REQUIREMENTS.—The Secretary concerned may enter into a contract under this section only after 

the end of the 14-day period beginning on the date on which 

the Secretary submits, in an electronic medium pursuant to section 

480 of this title, to the appropriate committees of Congress a justification of the need for the facility covered by the proposed contract, including an economic analysis (based upon accepted life 

cycle costing procedures) which demonstrates that the proposed 

contract is cost effective when compared with alternative means 

of furnishing the same facility.’’. 

(8) Section 2811(d) is amended by inserting after ‘‘submit’’ 

the following: ‘‘, in an electronic medium pursuant to section 

480 of this title,’’. 

(9) Section 2812(c) is amended by striking paragraph (1) 

and inserting the following new paragraph: 

‘‘(1) The Secretary concerned may enter into a lease under 

this section only after the end of the 14-day period beginning 

on the date on which the Secretary submits, in an electronic medium 

pursuant to section 480 of this title, to the appropriate committees 

of Congress a justification of the need for the facility covered by 

the proposed lease, including an economic analysis (based upon 

accepted life-cycle costing procedures) that demonstrates the cost 

effectiveness of the proposed lease compared with a military 

construction project for the same facility.’’. 

(10) Section 2813(c) is amended— 

(A) by striking ‘‘transmits to the appropriate committees of Congress a written notification’’ and inserting ‘‘notifies the appropriate committees of Congress’’; 

(B) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 


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131 STAT. 1842 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) by striking ‘‘or, if earlier, the end of the 14-day 

period beginning on the date on which a copy of the report 

is provided’’. 

(11) Section 2814 is amended by striking subsection (g) 

and inserting the following: 

‘‘(g) NOTICE AND WAIT REQUIREMENTS.—The Secretary of the 

Navy may carry out a transaction authorized by this section only 

after the end of the 20-day period beginning on the date on which 

the Secretary submits, in an electronic medium pursuant to section 

480 of this title, to the appropriate committees of Congress notice 

of the transaction, including a detailed description of the transaction 

and a justification for the transaction specifying the manner in 

which the transaction will meet the purposes of this section.’’. 

(b) MILITARY FAMILY HOUSING ACTIVITIES.—Subchapter II of 

chapter 169 of title 10, United States Code, is amended as follows: 

(1) Section 2825(b) is amended— 

(A) by redesignating paragraphs (2), (3), and (4) as 

paragraphs (3), (4), and (5), respectively; 

(B) in paragraph (5), as redesignated— 

(i) by striking ‘‘the first sentence of’’; and 

(ii) by striking ‘‘in that sentence’’ and inserting 

‘‘in that paragraph’’; and 

(C) in paragraph (1)— 

(i) in the second sentence, by striking ‘‘The Secretary concerned may waive the limitations contained 

in the preceding sentence’’ and inserting the following: 

‘‘(2) The Secretary concerned may waive the limitations contained in paragraph (1)’’; 

(ii) in the third sentence, by striking ‘‘the Secretary 

transmits’’ and all that follows through the end of 

the sentence and inserting the following: ‘‘the end of 

the 14-day period beginning on the date on which 

the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate 

committees of Congress notice of the proposed waiver, 

together with an economic analysis demonstrating that 

the improvement will be cost effective.’’. 

(2) Section 2827 is amended— 

(A) in subsection (a), by inserting ‘‘RELOCATION

AUTHORITY.—’’ after ‘‘(a)’’; and 

(B) by striking subsection (b) and inserting the following new subsection: 

‘‘(b) NOTICE AND WAIT REQUIREMENTS.—A contract to carry 

out a relocation of military family housing units under subsection 

(a) may be awarded only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in 

an electronic medium pursuant to section 480 of this title, to the 

appropriate committees of Congress notice of the proposed new 

locations of the housing units to be relocated and the estimated 

cost of and source of funds for the relocation.’’. 

(3) Section 2828(f) is amended by striking ‘‘may not be 

made’’ and all that follows through the end of the subsection 

and inserting ‘‘may be made under this section only after the 

end of the 14-day period beginning on the date on which the 

Secretary concerned submits, in an electronic medium pursuant 

to section 480 of this title, to the appropriate committees of 

Congress notice of the facts concerning the proposed lease.’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1843 

(4) Subsection (e) of section 2831, as redesignated by section 

1051(a)(21), is further amended by striking ‘‘until—’’ and all 

that follows through the end of the subsection and inserting 

the following: ‘‘until after the end of the 14-day period beginning 

on the date on which the Secretary submits, in an electronic 

medium pursuant to section 480 of this title, to the appropriate 

committees of Congress a justification of the need for the 

maintenance or repair project, including an estimate of the 

cost of the project.’’. 

(5) Section 2835 is amended by striking subsection (g) 

and inserting the following new subsection: 

‘‘(g) NOTICE AND WAIT REQUIREMENTS.—A contract may be 

entered into for the lease of housing facilities under this section 

only after the end of the 14-day period beginning on the date 

on which the Secretary of Defense, or the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

as a service in the Navy, submits, in an electronic medium pursuant 

to section 480 of this title, to the appropriate committees of Congress 

an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost-effective when compared with alternative means of furnishing the same 

housing facilities.’’. 

(6) Section 2835a(c) is amended by striking ‘‘until—’’ and 

all that follows through the end of the subsection and inserting 

the following: ‘‘until after the end of the 14-day period beginning 

on the date on which the Secretary submits, in an electronic 

medium pursuant to section 480 of this title, to the appropriate 

committees of Congress a notice of the intent to undertake 

the conversion.’’. 

(c) ADMINISTRATIVE PROVISIONS.—Subchapter III of chapter 169 

of title 10, United States Code, is amended as follows: 

(1) Section 2853(c) is amended— 

(A) by striking ‘‘in writing’’ both places it appears; 

(B) in paragraph (1)(B)— 

(i) by striking ‘‘period of 21 days’’ and inserting 

‘‘14-day period’’; and 

(ii) by striking ‘‘or, if over sooner, a period of 

14 days has elapsed after the date on which a copy 

of the notification is provided’’; and 

(C) in paragraph (2), by inserting after ‘‘notifies’’ the 

following: ‘‘, using an electronic medium pursuant to section 

480 of this title,’’. 

(2) Section 2854(b) is amended— 

(A) by striking ‘‘in writing’’; 

(B) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 

(C) by striking ‘‘or, if earlier, the end of the sevenday period beginning on the date on which a copy of the 

notification is provided’’. 

(3) Section 2854a is amended by striking subsection (c) 

and inserting the following new subsection: 

‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The Secretary concerned may enter into an agreement to convey a family housing 

facility under this section only after the end of the 14-day period 


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131 STAT. 1844 PUBLIC LAW 115–91—DEC. 12, 2017 

beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice containing a justification 

for the conveyance under the agreement. 

‘‘(2) A notice under paragraph (1) shall include— 

‘‘(A) an estimate of the consideration to be provided the 

United States under the agreement; 

‘‘(B) an estimate of the cost of repairing the family housing 

facility to be conveyed; and 

‘‘(C) an estimate of the cost of replacing the family housing 

facility to be conveyed.’’. 

(4) Section 2861(c) is amended— 

(A) by striking ‘‘in writing’’; 

(B) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 

(C) by striking ‘‘or, if earlier, the end of the 14-day 

period beginning on the date on which a copy of the notification is provided’’. 

(5) Section 2866(c)(2) is amended— 

(A) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 

(B) by striking ‘‘or, if earlier, the end of the 14-day 

period beginning on the date on which a copy of the notification is provided’’. 

(6) Section 2869(d)(3) is amended— 

(A) in the first sentence, by striking ‘‘after a period 

of 21 days’’ and all that follows through the end of the 

sentence and inserting the following: ‘‘after the end of 

the 14-day period beginning on the date of the submission 

of the notice in an electronic medium pursuant to section 

480 of this title.’’; and 

(B) in the second sentence, by striking ‘‘only after’’ 

and all that follows through the end of the sentence and 

inserting the following: ‘‘only after the end of the 45-day 

period beginning on the date of the submission of the 

notice in an electronic medium pursuant to section 480 

of this title.’’ 

(d) ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.—Subchapter IV of chapter 169 of 

title 10, United States Code, is amended as follows: 

(1) Section 2881a(d)(2) is amended by inserting after ‘‘Congress’’ the following: ‘‘in an electronic medium pursuant to 

section 480 of this title’’. 

(2) Section 2883(f) is amended— 

(A) by striking ‘‘30-day period’’ and inserting ‘‘14-day 

period’’; 

(B) by striking ‘‘written’’; and 

(C) by striking ‘‘or, if earlier, the end of the 14-day 

period beginning on the date on which a copy of the notice 

and justification is provided’’. 

(3) Section 2884(a) is amended by striking paragraph (4) 

and inserting the following new paragraph: 

‘‘(4) The report shall be submitted in an electronic medium 

pursuant to section 480 of this title not later than 21 days before 

the date on which the Secretary issues the contract solicitation 

or offers the conveyance or lease.’’. 

(4) Section 2885 is amended— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1845 

(A) in subsection (a)(4)(B)— 

(i) by inserting after ‘‘notify’’ the following: ‘‘, in 

an electronic medium pursuant to section 480 of this 

title,’’; and 

(ii) by striking ‘‘, and shall provide’’ and inserting 

‘‘and include’’; and 

(B) in subsection (d), by inserting after ‘‘submit’’ the 

following: ‘‘, in an electronic medium pursuant to section 

480 of this title,’’. 

(e) ENERGY SECURITY ACTIVITIES.—Chapter 173 of title 10, 

United States Code, is amended as follows: 

(1) Section 2914(b)(1) is amended— 

(A) by striking ‘‘in writing’’; 

(B) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 

(C) by striking ‘‘or, if earlier, the end of the 14-day 

period beginning on the date on which a copy of the notification is provided’’. 

(2) Section 2916(c) is amended— 

(A) by striking ‘‘in writing’’; 

(B) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 

(C) by striking ‘‘or, if earlier, the end of the 14-day 

period beginning on the date on which a copy of the notification is provided’’. 

(f) MILITARY CONSTRUCTION CARRIED OUT USING BURDEN

SHARING CONTRIBUTIONS.—Section 2350j(e)(2) of title 10, United 

States Code, is amended— 

(1) by striking ‘‘21-day period’’ and inserting ‘‘14-day 

period’’; and 

(2) by striking ‘‘or, if earlier, the end of the 14-day period 

beginning on the date on which a copy of the report is provided’’. 

(g) ACQUISITION OF FACILITIES FOR RESERVE COMPONENTS BY

EXCHANGE.—Section 18240(f)(2) of title 10, United States Code, 

is amended— 

(1) by striking ‘‘30-day period’’ and inserting ‘‘21-day 

period’’; and 

(2) by striking ‘‘or, if earlier, the end of the 21-day period 

beginning on the date on which a copy of the report is provided’’. 

SEC. 2802. MODIFICATION OF THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR CONSTRUCTION PROJECTS. 

(a) INCREASE IN THRESHOLD; UNIFORM THRESHOLD FOR ALL

PROJECTS.—Section 2805(a)(2) of title 10, United States Code, is 

amended— 

(1) in the first sentence, by striking ‘‘$3,000,000’’ and 

inserting ‘‘$6,000,000’’; and 

(2) by striking the second sentence. 

(b) APPROVAL BY SECRETARY CONCERNED.—Section 2805(b)(1) 

of such title is amended by striking ‘‘$1,000,000’’ and inserting 

‘‘$750,000’’. 

(c) CONGRESSIONAL NOTIFICATION.—Section 2805(b)(2) of such 

title is amended by striking ‘‘to which paragraph (1) is applicable’’ 

and inserting ‘‘to which paragraph (1) is applicable and which 

costs more than $2,000,000’’. 


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131 STAT. 1846 PUBLIC LAW 115–91—DEC. 12, 2017 

(d) USE OF OPERATION AND MAINTENANCE FUNDS.—Section 

2805(c) of such title is amended by striking ‘‘$1,000,000’’ and 

inserting ‘‘$2,000,000’’. 

SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS 

APPLICABLE TO UNSPECIFIED MINOR MILITARY 

CONSTRUCTION AUTHORITIES. 

Section 2805 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(f) ADJUSTMENT OF DOLLAR LIMITATIONS FOR LOCATION.— ‘‘(1) ADJUSTMENT OF LIMITATIONS.—Each fiscal year, the 

Secretary concerned shall adjust the dollar limitations specified 

in this section applicable to an unspecified minor military 

construction project inside the United States to reflect the 

area construction cost index for military construction projects 

published by the Department of Defense during the prior fiscal 

year for the location of the project, except that no limitation 

specified in this section may exceed $10,000,000 as the result 

of any adjustment made under this paragraph. 

‘‘(2) LOCATION OF PROJECTS.—For purposes of paragraph 

(1), a project shall be considered to be inside the United States 

if the project is carried out in any of the several States, the 

District of Columbia, the Commonwealth of Puerto Rico, Guam, 

American Samoa, the United States Virgin Islands, or the 

Commonwealth of the Northern Mariana Islands. 

‘‘(3) SUNSET.—The requirements of this subsection shall 

not apply with respect to any fiscal year after fiscal year 

2022.’’. 

SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS 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 2017 (division B of Public Law 114–328; 130 

Stat. 2713), is amended— 

(1) in paragraph (1), by striking ‘‘December 31, 2017’’ and 

inserting ‘‘December 31, 2018’’; and 

(2) in paragraph (2), by striking ‘‘fiscal year 2018’’ and 

inserting ‘‘fiscal year 2019’’. 

(b) LIMITATION ON USE OF AUTHORITY.—Subsection (c)(1) of 

such section is amended— 

(1) by striking ‘‘October 1, 2016’’ and inserting ‘‘October 

1, 2017’’; 

(2) by striking ‘‘December 31, 2017’’ and inserting 

‘‘December 31, 2018’’; and 

(3) by striking ‘‘fiscal year 2018’’ and inserting ‘‘fiscal year 

2019’’. 

SEC. 2805. USE OF OPERATION AND MAINTENANCE FUNDS FOR MILITARY CONSTRUCTION PROJECTS TO REPLACE FACILITIES DAMAGED OR DESTROYED BY NATURAL DISASTERS 

OR TERRORISM INCIDENTS. 

(a) AUTHORIZING USE OF FUNDS.—Section 2854 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1847 

‘‘(c)(1) In using the authority described in subsection (a) to 

carry out a military construction project to replace a facility, 

including a family housing facility, that has been damaged or 

destroyed, the Secretary concerned may use appropriations available for operation and maintenance if— 

‘‘(A) the damage or destruction to the facility was the 

result of a natural disaster or a terrorism incident; and 

‘‘(B) the Secretary submits a notification to the appropriate 

committees of Congress of the decision to carry out the replacement project, and includes in the notification— 

‘‘(i) the current estimate of the cost of the replacement 

project; 

‘‘(ii) the source of funds for the replacement project; 

‘‘(iii) in the case of damage to a facility rather than 

destruction, a certification that the replacement project 

is more cost-effective than repair or restoration; and 

‘‘(iv) a certification that deferral of the replacement 

project for inclusion in the next Military Construction 

Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental 

quality, as the case may be. 

‘‘(2) A replacement project under this subsection may be carried 

out only after the end of the 7-day period beginning on the date 

on which a copy of the notification described in paragraph (1) 

is provided in an electronic medium pursuant to section 480 of 

this title. 

‘‘(3) The maximum aggregate amount that the Secretary concerned may obligate from appropriations available for operation 

and maintenance in any fiscal year for replacement projects under 

the authority of this subsection is $50,000,000.’’. 

(b) CONFORMING AMENDMENT.—Subsection (b) of section 2854 

of such title, as amended by section 2801(c)(2), is amended by 

striking ‘‘under this section’’ and inserting ‘‘under subsection (a)’’. 

SEC. 2806. ANNUAL REPORT ON UNFUNDED REQUIREMENTS FOR LABORATORY MILITARY CONSTRUCTION PROJECTS. 

The Under Secretary of Defense for Research and Engineering, 

in coordination with the Assistant Secretary of Defense for Energy, 

Installations, and Environment, shall submit to the congressional 

defense committees each year, at the time the budget of the President for the fiscal year beginning in such year is submitted to 

Congress under section 1105(a) of title 31, United States Code, 

a reporting listing unfunded requirements on major and minor 

military construction projects for Department of Defense science 

and technology laboratories and facilities and test and evaluation 

facilities, and shall include a Department of Defense Form DD1391 

for each major and minor military construction project included 

in the report. 

10 USC 222a 

note. 


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131 STAT. 1848 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2811. ELIMINATION OF WRITTEN NOTICE REQUIREMENT FOR 

MILITARY REAL PROPERTY TRANSACTIONS AND RELIANCE ON ELECTRONIC SUBMISSION OF NOTIFICATIONS 

AND REPORTS. 

(a) GENERAL REAL PROPERTY TRANSACTION REPORT.—Section 

2662(a) of title 10, United States Code, is amended by amending 

paragraph (3) to read as follows: 

‘‘(3) The authority of the Secretary concerned to enter into 

a transaction described in paragraph (1) commences only after 

the end of the 14-day period beginning on the first day of the 

first month beginning on or after the date on which the report 

containing the facts concerning such transaction, and all other 

such proposed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title.’’. 

(b) ACQUISITION OF INTERESTS IN LAND WHEN NEED IS

URGENT.—Section 2663(d)(2) of title 10, United States Code, is 

amended— 

(1) by inserting after ‘‘submit’’ the following: ‘‘, in an electronic medium pursuant to section 480 of this title,’’; and 

(2) by striking ‘‘written notice’’ and inserting ‘‘a notice’’. 

(c) ACQUISITION OF LAND BY CONDEMNATION FOR CERTAIN MILI- TARY PURPOSES.—Section 2663(f)(2) of title 10, United States Code, 

is amended by striking ‘‘or, if over sooner, the end of the 14- 

day period beginning on the date on which a copy of the report 

is provided’’. 

(d) EXCEPTIONS TO LIMITATIONS ON LAND ACQUISITION REDUC- TION IN SCOPE OR INCREASE IN COST.—Section 2664(d) of title 

10, United States Code, is amended— 

(1) by striking ‘‘written’’; 

(2) by striking ‘‘a period of 21 days elapses from’’ and 

inserting ‘‘the end of the 14-day period beginning on’’; and 

(3) by striking ‘‘or, if over sooner, a period of 14 days 

elapses from the date on which a copy of that notification 

is provided’’. 

(e) LEASES OF NON-EXCESS DEFENSE PROPERTY.—Section 

2667(d)(3) of title 10, United States Code, is amended by striking 

‘‘provide to the congressional defense committees written notice’’ 

and inserting ‘‘submit, in an electronic medium pursuant to section 

480 of this title, to the congressional defense committees a notice’’. 

(f) MAINTENANCE AND REPAIR AND JURISDICTION OVER FACILI- TIES FOR DEFENSE AGENCIES.—Section 2682(c)(2) of title 10, United 

States Code, is amended by striking ‘‘to the appropriate congressional committees written notification’’ and inserting ‘‘, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice’’. 

(g) AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CON- STRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.—Section 2684a(d)(4)(D) of title 10, United States Code, is amended— 

(1) in clause (i), by striking ‘‘provides written notice’’ and 

inserting ‘‘submits, in an electronic medium pursuant to section 

480 of this title, a notice’’; and 

(2) in clause (ii), by striking ‘‘14 days’’ and all that follows 

through the end of the clause and inserting the following: 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1849 

‘‘10 days after the date on which the notice is submitted under 

clause (i).’’. 

(h) CONVEYANCE OF SURPLUS REAL PROPERTY FOR NATURAL

RESOURCE CONSERVATION.—Section 2694a of title 10, United States 

Code, is amended by striking subsection (e) and inserting the following new subsection: 

‘‘(e) NOTICE AND WAIT REQUIREMENTS.—The Secretary concerned may not approve of the reconveyance of real property under 

subsection (c) or grant the release of a covenant under subsection 

(d) until after the end of the 14-day period beginning on the date 

on which the Secretary submits, in an electronic medium pursuant 

to section 480 of this title, to the appropriate committees of Congress 

a notice of the proposed reconveyance or release.’’. 

SEC. 2812. CERTIFICATION RELATED TO CERTAIN ACQUISITIONS OR 

LEASES OF REAL PROPERTY. 

Section 2662(a) of title 10, United States Code, is amended— 

(1) in paragraph (2), by striking the period at the end 

of the first sentence and inserting the following: ‘‘, as well 

as the certification described in paragraph (5).’’; and 

(2) by adding at the end the following: 

‘‘(5) For purposes of paragraph (2), the certification described 

in this paragraph with respect to an acquisition or lease of real 

property is a certification that the Secretary concerned— 

‘‘(A) evaluated the feasibility of using space in property 

under the jurisdiction of the Department of Defense to satisfy 

the purposes of the acquisition or lease; and 

‘‘(B) determined that— 

‘‘(i) space in property under the jurisdiction of the 

Department of Defense is not reasonably available to be 

used to satisfy the purposes of the acquisition or lease; 

‘‘(ii) acquiring the property or entering into the lease 

would be more cost-effective than the use of the Department of Defense property; or 

‘‘(iii) the use of the Department of Defense property 

would interfere with the ongoing military mission of the 

property.’’. 

SEC. 2813. INCREASED TERM LIMIT FOR INTERGOVERNMENTAL SUPPORT AGREEMENTS TO PROVIDE INSTALLATION SUPPORT SERVICES. 

Section 2679(a)(2)(A) of title 10, United States Code, is amended 

by striking ‘‘five years’’ and inserting ‘‘ten years’’. 

SEC. 2814. AUTHORIZING REIMBURSEMENT OF STATES FOR COSTS 

OF SUPPRESSING WILDFIRES CAUSED BY DEPARTMENT 

OF DEFENSE ACTIVITIES ON STATE LANDS; RESTORATION 

OF LANDS OF OTHER FEDERAL AGENCIES FOR DAMAGE 

CAUSED BY DEPARTMENT OF DEFENSE VEHICLE MISHAPS. 

(a) AUTHORITIES.—Section 2691 of title 10, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘or lease’’ each place it 

appears; 

(2) in subsection (b), by striking ‘‘or lease’’; 

(3) in subsection (c), by striking ‘‘lease,’’; and 

(4) by adding at the end the following new subsections: 


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131 STAT. 1850 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(d) WILDLAND FIRES ON STATE LAND.—The Secretary of 

Defense may, in any lease, permit, license, or other grant of access 

for use of lands owned by a State, agree to reimburse the State 

for the reasonable costs of the State in suppressing wildland fires 

caused by the activities of the Department of Defense under such 

lease, permit, license, or other grant of access. 

‘‘(e) RESTORATION OF LAND DAMAGED BY MISHAP.—(1) When 

land under the administrative jurisdiction of a Federal agency 

that is not a part of the Department of Defense is damaged as 

the result of a mishap involving a vessel, aircraft, or vehicle of 

the Department of Defense, the Secretary of Defense may, with 

the consent of the Federal agency, restore the land. 

‘‘(2) When land under the administrative jurisdiction of the 

Department of Defense or a military department is damaged as 

the result of a mishap involving a vessel, aircraft, or vehicle of 

a Federal agency that is not a part of the Department of Defense, 

the head of the Federal agency under whose control the vessel, 

aircraft, or vehicle was operating may, with the consent of the 

Department of Defense, restore the land.’’. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in the heading, by striking ‘‘LEASE’’ and inserting ‘‘DAMAGED BY MISHAP; REIMBURSEMENT OF STATE COSTS OF

FIGHTING WILDLAND FIRES’’; 

(2) in subsection (a), by striking ‘‘(a) The Secretary’’ and 

inserting ‘‘(a) RESTORATION OF OTHER AGENCY LAND USED BY

PERMIT.—The Secretary’’; 

(3) in subsection (b), by striking ‘‘(b) Unless’’ and inserting 

‘‘(b) SCREENING FOR USE OF IMPROVED LAND.—Unless’’; and 

(4) in subsection (c), by striking ‘‘(c)(1) As a condition’’ 

and inserting ‘‘(c) RESTORATION OF DEPARTMENT OF DEFENSE

LAND USED BY OTHER AGENCY.—(1) As a condition’’. 

(c) CLERICAL AMENDMENT.—The table of sections of chapter 

159 of such title is amended by amending the item relating to 

section 2691 to read as follows: 

‘‘2691. Restoration of land used by permit or damaged by mishap; reimbursement 

of State costs of fighting wildland fires.’’. 

SEC. 2815. CRITERIA FOR EXCHANGES OF PROPERTY AT MILITARY 

INSTALLATIONS. 

Paragraph (2) of section 2869(a) of title 10, United States 

Code, is amended to read as follows: 

‘‘(2) Paragraph (1) applies with respect to real property under 

the jurisdiction of the Secretary concerned— 

‘‘(A) that is located on a military installation that is closed 

or realigned under a base closure law; or 

‘‘(B) that is located on a military installation not covered 

by subparagraph (A) and for which the Secretary concerned 

makes a determination that the conveyance under paragraph 

(1) is advantageous to the United States.’’. 

SEC. 2816. LAND EXCHANGE VALUATION OF PROPERTY WITH REDUCED 

DEVELOPMENT THAT LIMITS ENCROACHMENT ON MILITARY INSTALLATIONS. 

Subsection (b) of section 2869 of title 10, United States Code, 

is amended to read as follows: 

10 USC 

prec. 2661. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1851 

‘‘(b) CONDITIONS ON CONVEYANCE AUTHORITY.—(1) The fair 

market value of the land to be obtained by the Secretary concerned 

under subsection (a) in exchange for the conveyance of real property 

by the Secretary under such subsection shall be at least equal 

to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is 

less than the fair market value of the real property to be conveyed, 

the recipient of the property shall pay to the United States an 

amount equal to the difference in the fair market values. 

‘‘(2) In the case of a conveyance of real property to a political 

subdivision of a State, the value of the real property to be conveyed 

by the Secretary concerned under subsection (a) may exceed the 

fair market value of the land to be obtained, as determined under 

paragraph (1), by an amount not to exceed the reduction in value 

of the land which is attributable to voluntary zoning actions taken 

by such political subdivision to limit encroachment on a military 

installation, but only if the notice required by subsection (d)(2) 

contains— 

‘‘(A) a certification by the Secretary concerned that the 

military value to the United States of the land to be acquired 

justifies a payment in excess of the fair market value; and 

‘‘(B) a description of the military value to be obtained.’’. 

SEC. 2817. REQUIREMENTS FOR WINDOW FALL PREVENTION DEVICES 

IN MILITARY FAMILY HOUSING. 

(a) REQUIREMENT.— 

(1) IN GENERAL.—Chapter 169 of title 10, United States 

Code, is amended by inserting after section 2878 the following 

new section: 

‘‘§ 2879. Window fall prevention devices in military family 

housing units 

‘‘(a) REQUIRING USE OF DEVICES ON CERTAIN WINDOWS.— 

‘‘(1) REQUIREMENT.—The Secretary concerned shall ensure 

that if a window in any military family housing unit acquired 

or constructed under this chapter is described in subsection 

(b), including a window designed for emergency escape or 

rescue, the window is equipped with fall prevention devices 

that protect against unintentional window falls by young children and that are in compliance with applicable International 

Building Code (IBC) standards. 

‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall apply with 

respect to the following military family housing units: 

‘‘(A) A unit for which the contract for the construction 

of the unit is first entered into on or after the date of 

the enactment of this section. 

‘‘(B) Any other unit which is subject to a whole-house 

renovation project for which the contract is entered into 

on or after September 1, 2018. 

‘‘(b) WINDOWS DESCRIBED.—A window is described in this subsection if the bottom sill of the window is within 24 inches of 

the floor, as measured in the interior of the unit, and is more 

than 72 inches above the ground, as measured on the exterior 

grade of the building. 

‘‘(c) RECORD OF INCIDENTS; ANNUAL REPORT.—The Secretary 

concerned shall keep a record of each incident (as defined in Department of Defense Instruction 6055.7 series) in which a minor child 

10 USC 2879. 


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131 STAT. 1852 PUBLIC LAW 115–91—DEC. 12, 2017 

is injured or killed as the result of an unintentional window fall 

in a military family housing unit. Not later than 90 days after 

the end of each calendar year (beginning with 2017), the Secretary 

of Defense shall submit a report to the Committees on Armed 

Services of the House of Representatives and Senate on all such 

window falls occurring in the previous year.’’. 

(2) CLERICAL AMENDMENT.—The table of sections for 

chapter 169 of such title is amended by inserting after the 

item relating to section 2878 the following new item: 

‘‘2879. Window fall prevention devices in military family housing units.’’. 

(b) INDEPENDENT ASSESSMENT OF CHILD SAFETY IN MILITARY

FAMILY HOUSING UNITS.— 

(1) ASSESSMENT.—The Secretary of Defense shall enter into 

an agreement with an independent entity with experience in 

performing technical evaluations of the compliance of housing 

units with the codes and standards of the International Code 

Council and other relevant codes and standards to conduct 

and to submit to the Secretary and the congressional defense 

committees an assessment of child safety issues in military 

family housing units, with an emphasis on assessing hazards 

that may result in falls. 

(2) RECOMMENDATIONS.—The independent entity conducting the assessment under paragraph (1) shall include in 

the assessment such recommendations for modifications to military family housing unit standards as the entity considers 

appropriate for ensuring the safety of minor children in such 

units. 

(3) DEADLINE.—Under the agreement entered into under 

paragraph (1), the independent entity conducting the assessment under such paragraph shall submit the assessment to 

the Secretary and the congressional defense committees not 

later than 1 year after the date of the enactment of this Act. 

SEC. 2818. PROHIBITING USE OF UPDATED ASSESSMENT OF PUBLIC 

SCHOOLS ON DEPARTMENT OF DEFENSE INSTALLATIONS 

TO SUPERSEDE FUNDING OF CERTAIN PROJECTS. 

(a) PROHIBITING USE OF UPDATED ASSESSMENT TO SUPERSEDE

FUNDING OF CERTAIN PUBLIC SCHOOL PROJECTS.—Subsection (a) 

of section 2814 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328; 130 Stat. 2717) is amended by 

adding at the end the following new paragraph: 

‘‘(3) PROHIBITING USE OF UPDATED ASSESSMENT TO SUPERSEDE FUNDING OF CERTAIN REMAINING PROJECTS.—In determining which projects will be funded under the programs 

described in paragraph (2), the Secretary may not, on the 

basis of the updated assessment described in paragraph (1), 

supersede the funding of any of the remaining projects which 

were included among the 33 projects for which Secretary 

assigned the highest priority for receiving funds under the 

assessment of the capacity and facility condition deficiencies 

of elementary and secondary public schools on military installations conducted by the Secretary in July 2011 under section 

8109 of the Department of Defense and Full-Year Continuing 

Appropriations Act, 2011 (Public Law 112–10; 125 Stat. 82).’’. 

10 USC 

prec. 2871. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1853 

(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 2017. 

SEC. 2819. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION 

NETWORK COMPANIES. 

Section 346 of the National Defense Authorization Act for Fiscal 

Year 2017 (Public Law 114–328) is amended— 

(1) in the section heading, by inserting ‘‘AND TRANSPOR- TATION NETWORK COMPANIES’’ after ‘‘TRANSPORTATION

COMPANIES’’; 

(2) in subsections (b), (c), and (d), by inserting ‘‘or transportation network company’’ after ‘‘transportation company’’ each 

places it appears; 

(3) in subsection (b)(7), by inserting ‘‘and transportation 

network companies’’ after ‘‘transportation companies’’; and 

(4) in subsection (d)— 

(A) by redesignating paragraph (2) as paragraph (3); 

(B) by striking paragraph (1) and inserting the following new paragraphs: 

‘‘(1) TRANSPORTATION COMPANY.—The term ‘transportation 

company’ means a corporation, partnership, sole proprietorship, 

or other entity outside of the Department of Defense that 

provides a commercial transportation service to a rider. 

‘‘(2) TRANSPORTATION NETWORK COMPANY.—The term 

‘transportation network company’— 

‘‘(A) means a corporation, partnership, sole proprietorship, or other entity, that uses a digital network to connect 

riders to covered drivers in order for the driver to transport 

the rider using a vehicle owned, leased, or otherwise 

authorized for use by the driver to a point chosen by 

the rider; and 

‘‘(B) does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit 

for the driver.’’; and 

(C) in subparagraph (A)(i) of paragraph (3), as redesignated by subparagraph (A) of this paragraph, by inserting 

‘‘or transportation network company’’ after ‘‘transportation 

company’’. 

Subtitle C—Project Management and 

Oversight Reforms 

SEC. 2821. NOTIFICATION REQUIREMENT FOR CERTAIN COST 

INCREASES. 

Section 2853 of title 10, United States Code, is amended— 

(1) by redesignating subsection (f) as subsection (g); 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f)(1) In addition to the notification sent under paragraph 

(1) of subsection (c) of a cost increase with respect to a project, 

the Secretary concerned shall provide an additional report notifying 

the congressional defense committees and the Comptroller General 

of the United States of any military construction project or military 

family housing project with a total authorized cost greater than 

$40,000,000 that has a cost increase of 25 percent or more. 

10 USC 113 note. 


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131 STAT. 1854 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(2) The report under paragraph (1) shall include the following— 

‘‘(A) A description of the specific reasons for the cost 

increase and the specific organizations and individuals responsible. 

‘‘(B) A description of any ongoing or completed proceedings 

or investigation into a government employee, prime contractor, 

subcontractor, or non-governmental organization that may be 

responsible for the cost increase, and the status of such proceeding or investigation. 

‘‘(C) If any proceeding or investigation identified in 

subparagraph (B) resulted in final judicial or administrative 

action, the following: 

‘‘(i) In the case of a judicial or administrative action 

taken against a government employee, the report shall 

identify the individual’s organization, position within the 

organization, and the action taken against the individual, 

but shall exclude personally identifiable information about 

the individual. 

‘‘(ii) In the case of a judicial or administrative action 

taken against a prime contractor, subcontractor, or nongovernmental organization, the report shall identify the 

prime contractor, subcontractor, or non-governmental 

organization and the action taken against the prime contractor, subcontractor, or non-governmental organization. 

‘‘(D) A summary of any changes the Secretary concerned 

believes may be required to the organizational structure, project 

management and oversight practices, policy, or authorities of 

a government organization involved in military construction 

projects as a result of problems identified and lessons learned 

from the project. 

‘‘(3) If any proceeding or investigation described in paragraph 

(2)(C) is still ongoing at the time the Secretary concerned submits 

the report under paragraph (1), the Secretary shall provide a supplemental report to the congressional defense committees and the 

Comptroller General of the United States not later than 30 days 

after such proceeding or investigation has been completed. If such 

proceeding or investigation resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Secretary shall 

include in the supplemental report the information required by 

paragraph (2)(C). 

‘‘(4) Each report under this subsection shall be cosigned by 

the senior engineer authorized to supervise military construction 

projects and military family housing projects under section 2851(a). 

‘‘(5) The Secretary shall send the report required under paragraph (1) with respect to a project not later than 180 days after 

the Secretary sends to the appropriate committees of Congress 

the notification under paragraph (1) of subsection (c) of a cost 

increase with respect to the project. 

‘‘(6) The Comptroller General of the United States shall review 

each report submitted under this subsection and validate or correct 

as necessary the information provided.’’; and 

(3) in subsection (g), as redesignated by paragraph (1), 

by striking ‘‘subsections (a) through (e)’’ and inserting ‘‘subsections (a) through (f)’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1855 

SEC. 2822. ANNUAL REPORT ON SCHEDULE DELAYS. 

Section 2851 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(d) ANNUAL REPORT ON SCHEDULE DELAYS.—Not later than 

March 1 of each year (beginning with 2018), the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the House of Representatives and Senate a report on each military 

construction project or military family housing project for which, 

as of the end of the most recent fiscal year, the estimated completion 

date is more than 1 year later than the completion date proposed 

at the time the contract for the project was awarded.’’. 

SEC. 2823. REPORT ON DESIGN ERRORS AND OMISSIONS RELATED 

TO FORT BLISS HOSPITAL REPLACEMENT PROJECT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report on design errors and omissions related to the hospital 

replacement project at Fort Bliss, Texas. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) A detailed description of the specific ‘‘design errors’’ 

and ‘‘omissions’’ that resulted in the cost increase for the hospital replacement project. 

(2) A description of the specific actions taken to prevent 

further schedule delays and cost increases on this project as 

well as lessons learned that will be applied to future hospital 

projects. 

(3) A description of any ongoing or completed proceedings 

or investigation into a government employee, prime contractor, 

subcontractor, or non-governmental organization that may be 

responsible for the delay and cost increases, and the status 

of such proceeding or investigation. 

(4) If any proceeding or investigation identified in paragraph (3) resulted in final judicial or administrative action, 

the following: 

(A) In the case of a judicial or administrative action 

taken against a government employee, the report shall 

identify the individual’s organization, name, position within 

the organization, and the action taken against the individual. 

(B) In the case of a judicial or administrative action 

taken against a prime contractor, subcontractor, or nongovernmental organization, the report shall identify the 

prime contractor, subcontractor, or non-governmental 

organization and the action taken against the prime contractor, subcontractor, or non-governmental organization. 

(5) A summary of any changes the Inspector General 

believes may be required to the organizational structure, project 

management and oversight practices, policy, or authorities of 

a government organization involved in military construction 

projects as a result of problems identified and lessons learned 

from this project. 

(c) SUPPLEMENTAL REPORT ON ONGOING PROCEEDINGS AND

INVESTIGATIONS.—If any proceeding or investigation described in 

subsection (b)(3) is still ongoing at the time the Inspector General 

submits the report required by subsection (a), the Inspector General 


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131 STAT. 1856 PUBLIC LAW 115–91—DEC. 12, 2017 

shall provide a supplemental report to the congressional defense 

committees not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation 

resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Inspector General shall include in the 

supplemental report the information required by subsection (b)(4). 

SEC. 2824. REPORT ON COST INCREASE AND DELAY RELATED TO 

USSTRATCOM COMMAND AND CONTROL FACILITY 

PROJECT AT OFFUTT AIR FORCE BASE. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Inspector General of the Department 

of Defense shall submit to the congressional defense committees 

a report on design errors and omissions related to the construction 

of the USSTRATCOM command and control facility project at Offutt 

Air Force Base. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) The identification of the specific reasons that have 

been used to explain the 16-month schedule delay and 10 

percent cost increase for the project. 

(2) A description of the specific actions taken to prevent 

further schedule delays and cost increases on this project as 

well as lessons learned that will be applied to future projects. 

(3) A description of any ongoing or completed proceedings 

or investigation into a government employee, prime contractor, 

subcontractor, or non-governmental organization that may be 

responsible for the delay and cost increases, and the status 

of such proceeding or investigation. 

(4) If any proceeding or investigation identified in paragraph (3) resulted in final judicial or administrative action, 

the following: 

(A) In the case of a judicial or administrative action 

taken against a government employee, the report shall 

identify the individual’s organization, name, position within 

the organization, and the action taken against the individual. 

(B) In the case of a judicial or administrative action 

taken against a prime contractor, subcontractor, or nongovernmental organization, the report shall identify the 

prime contractor, subcontractor, or non-governmental 

organization and the action taken against the prime contractor, subcontractor, or non-governmental organization. 

(5) A summary of any changes the Inspector General 

believes may be required to the organizational structure, project 

management and oversight practices, policy, or authorities of 

a government organization involved in military construction 

projects as a result of problems identified and lessons learned 

from this project. 

(c) SUPPLEMENTAL REPORT ON ONGOING PROCEEDINGS AND

INVESTIGATIONS.—If any proceeding or investigation described in 

subsection (b)(3) is still ongoing at the time the Inspector General 

submits the report required by subsection (a), the Inspector General 

shall provide a supplemental report to the congressional defense 

committees not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1857 

resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Inspector General shall include in the 

supplemental report the information required by subsection (b)(4). 

Subtitle D—Energy Resilience 

SEC. 2831. ENERGY RESILIENCE. 

(a) IN GENERAL.—Section 2911 of title 10, United States Code, 

is amended— 

(1) in the section heading, by striking ‘‘performance goals 

and master plan for’’ and inserting ‘‘policy of’’; 

(2) by redesignating subsections (a), (b), (c), (d), and (e) 

as subsections (c), (d), (e), (f), and (g) respectively; 

(3) by inserting before subsection (c), as redesignated by 

paragraph (2), the following new subsections: 

‘‘(a) GENERAL ENERGY POLICY.—The Secretary of Defense shall 

ensure the readiness of the armed forces for their military missions 

by pursuing energy security and energy resilience. 

‘‘(b) AUTHORITIES.—In order to achieve the policy set forth 

in subsection (a), the Secretary of Defense may— 

‘‘(1) require the Secretary of a military department to establish and maintain an energy resilience master plan for an 

installation; 

‘‘(2) authorize the use of energy security and energy resilience, including the benefits of on-site generation resources 

that reduce or avoid the cost of backup power, as factors in 

the cost-benefit analysis for procurement of energy; and 

‘‘(3) in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide 

power directly to a military facility or into the installation 

electrical distribution network.’’; 

(4) in subsection (e), as redesignated by paragraph (2)— 

(A) in paragraph (1), by inserting ‘‘, the future demand 

for energy, and the requirement for the use of energy’’ 

after ‘‘energy’’; 

(B) by amending paragraph (2) to read as follows: 

‘‘(2) Opportunities to enhance energy resilience to ensure 

the Department of Defense has the ability to prepare for and 

recover from energy disruptions that impact mission assurance 

on military installations.’’; and 

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

‘‘(13) Opportunities to leverage third-party financing to 

address installation energy needs.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 173 is amended by striking the item relating to 

section 2911 and inserting the following new item: 

‘‘2911. Energy policy of the Department of Defense.’’. 

(c) CONFORMING AMENDMENTS.—Chapter 173 of title 10, United 

States Code, is amended— 

(1) in section 2914, by striking ‘‘energy resiliency’’ each 

place it appears and inserting ‘‘energy resilience’’; 

(2) in section 2915— 

10 USC 2911 

prec. 


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131 STAT. 1858 PUBLIC LAW 115–91—DEC. 12, 2017 

(A) by striking ‘‘subsection (c)’’ each place it appears 

and inserting ‘‘subsection (e)’’; and 

(B) in subsection (e)(2)(C), by striking ‘‘2911(b)(2)’’ and 

inserting ‘‘2911(d)(2)’’; 

(3) in section 2916(b)(2), by striking ‘‘2911(b)’’ and inserting 

‘‘2911(c)’’; 

(4) in section 2922b(a), by striking ‘‘subsection (c)’’ and 

inserting ‘‘subsection (e)’’; 

(5) in section 2922f(a), by striking ‘‘subsection (c)’’ and 

inserting ‘‘subsection (e)’’; 

(6) in section 2924— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4), (5), (6), and (7) 

as paragraphs (3), (4), (5), and (6), respectively; and 

(7) in section 2925(a)— 

(A) in the heading, by striking ‘‘RESILIENCY’’ and 

inserting ‘‘ENERGY RESILIENCE’’; and 

(B) in paragraph (1), by striking ‘‘2911(e)’’ and inserting 

‘‘2911(g)’’. 

(d) DEFINITIONS FOR ENERGY RESILIENCE AND ENERGY SECURITY.—Section 101(e) of title 10, United States Code, is amended 

by adding at the end the following new paragraphs: 

‘‘(6) ENERGY RESILIENCE.—The term ‘energy resilience’ 

means the ability to avoid, prepare for, minimize, adapt to, 

and recover from anticipated and unanticipated energy disruptions in order to ensure energy availability and reliability sufficient to provide for mission assurance and readiness, including 

task critical assets and other mission essential operations 

related to readiness, and to execute or rapidly reestablish mission essential requirements. 

‘‘(7) ENERGY SECURITY.—The term ‘energy security’ means 

having assured access to reliable supplies of energy and the 

ability to protect and deliver sufficient energy to meet mission 

essential requirements.’’. 

SEC. 2832. AUTHORITY TO USE ENERGY COST SAVINGS FOR ENERGY 

RESILIENCE, MISSION ASSURANCE, AND WEATHER DAMAGE REPAIR AND PREVENTION MEASURES. 

Section 2912(b)(1) of title 10, United States Code, is amended 

by striking ‘‘energy conservation and’’ and inserting ‘‘energy resilience, mission assurance, weather damage repair and prevention, 

energy conservation, and’’. 

SEC. 2833. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN AWARDING ENERGY AND FUEL CONTRACTS FOR 

MILITARY INSTALLATIONS. 

Section 2922a of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(d) The Secretary concerned shall prioritize energy security 

and resilience.’’. 

SEC. 2834. REQUIREMENT TO ADDRESS ENERGY RESILIENCE IN EXERCISING UTILITY SYSTEM CONVEYANCE AUTHORITY. 

Section 2688(g) of title 10, United States Code, is amended 

by adding at the end the following new paragraphs: 

‘‘(3) The Secretary concerned may require in any contract for 

the conveyance of a utility system (or part of a utility system) 

under subsection (a) that the conveyee manage and operate the 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1859 

utility system in a manner consistent with energy resilience requirements and metrics provided to the conveyee to ensure that the 

reliability of the utility system meets mission requirements. 

‘‘(4) The Secretary of Defense, in consultation with the Secretaries of the military departments, shall include in the installation 

energy report submitted under section 2925(a) of this title a description of progress in meeting energy resilience metrics for all conveyance contracts entered into pursuant to this section.’’. 

SEC. 2835. IN-KIND LEASE PAYMENTS; PRIORITIZATION OF UTILITY 

SERVICES THAT PROMOTE ENERGY RESILIENCE. 

Section 2667(c)(1)(D) of title 10, United States Code, is amended 

by inserting ‘‘, which shall prioritize energy resilience in the event 

of commercial grid outages’’ after ‘‘Secretary concerned’’. 

SEC. 2836. ANNUAL DEPARTMENT OF DEFENSE ENERGY MANAGEMENT 

REPORTS. 

Section 2925(a) of title 10, United States Code, is amended— 

(1) in paragraph (1), by inserting before the period at 

the end the following: ‘‘, including progress on energy resilience 

at military installations according to metrics developed by the 

Secretary’’; 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) Details of all utility outages impacting energy resilience 

at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number and location of outage, the 

duration of the outage, the financial impact of the outage, 

whether or not the mission was impacted, the mission requirements associated with disruption tolerances based on risk to 

mission, the responsible authority managing the utility, and 

measure taken to mitigate the outage by the responsible 

authority.’’; 

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

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

‘‘(4) Details of a military installation’s total energy requirements and critical energy requirements, and the current energy 

resilience and emergency backup systems servicing critical 

energy requirements, including, at a minimum— 

‘‘(A) energy resilience and emergency backup system 

power requirements; 

‘‘(B) the critical missions, facility, or facilities serviced; 

‘‘(C) system service life; 

‘‘(D) capital, operations, maintenance, and testing costs; 

and 

‘‘(E) other information the Secretary determines necessary.’’. 

SEC. 2837. AGGREGATION OF ENERGY EFFICIENCY AND ENERGY 

RESILIENCE PROJECTS IN LIFE CYCLE COST ANALYSES. 

The Secretary of Defense or the Secretary of a military department, when conducting life cycle cost analyses with respect to 

investments designed to lower costs and reduce energy and water 

consumption, shall aggregate energy efficiency projects and energy 

resilience improvements as appropriate. 

10 USC 2911 

note. 


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131 STAT. 1860 PUBLIC LAW 115–91—DEC. 12, 2017 

Subtitle E—Land Conveyances 

SEC. 2841. LAND EXCHANGE, NAVAL INDUSTRIAL RESERVE ORDNANCE 

PLANT, SUNNYVALE, CALIFORNIA. 

(a) LAND EXCHANGE AUTHORIZED.—The Secretary of the Navy 

may convey to an entity (in this section referred to as the ‘‘Exchange 

Entity’’) all right, title, and interest of the United States in and 

to the parcel of real property, including improvements thereon, 

comprising the Naval Industrial Reserve Ordnance Plant (NIROP) 

located in Sunnyvale, California in exchange for— 

(1) real property, including improvements thereon, that 

will replace the NIROP and meet the readiness requirements 

of the Department of the Navy, as determined by the Secretary; 

and 

(2) relocation of contractor and Government personnel and 

equipment from the NIROP to the replacement facilities. 

(b) LAND EXCHANGE AGREEMENT.— 

(1) IN GENERAL.—The exchange authorized under subsection (a) shall be governed by a land exchange agreement 

that identifies the property to be exchanged (including improvements thereon), the time period in which the exchange will 

occur, and the roles and responsibilities of the Secretary and 

the Exchange Entity in carrying out the exchange. 

(2) COMPLIANCE WITH ENVIRONMENTAL LAWS.—Nothing in 

this section shall be construed to affect or limit the application 

of, or any obligation to comply with, any environmental law, 

including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). 

(c) VALUATION; CASH EQUALIZATION PAYMENT IF NIROP VALUE

EXCEEDS VALUE OF EXCHANGED PROPERTY.— 

(1) VALUATION.—The values of the properties to be 

exchanged by the Secretary and the Exchange Entity under 

subsection (a) (including improvements thereon) shall be determined by an independent appraiser selected by the Secretary, 

and in accordance with the Uniform Appraisal Standards for 

Federal Land Acquisitions and the Uniform Standards of 

Professional Appraisal Practice. 

(2) CASH EQUALIZATION PAYMENT.—If, as determined in 

accordance with paragraph (1), the value of the NIROP is 

greater than the combination of the value of the property 

to be conveyed by the Exchange Entity under subsection (a) 

and the relocation costs covered by the Exchange Entity under 

such subsection, the Exchange Entity shall make a cash equalization payment to the Secretary to equalize the values. Nothing 

in this paragraph may be construed to require the Secretary 

to make a cash equalization payment to the Exchange Entity 

if the value of the property to be conveyed by the Exchange 

Entity and the relocation costs covered by the Exchange Entity 

are greater than the value of the NIROP. 

(d) PAYMENT OF COSTS OF CONVEYANCE.—The Secretary shall 

require the Exchange Entity to pay costs incurred by the Department of the Navy to carry out the exchange authorized under 

subsection (a), including costs incurred for land surveys, environmental documentation, the review of replacement facilities design, 

real estate due diligence (including appraisals), preparing and executing the agreement described in subsection (b), and any other 


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administrative costs related to the exchange. If amounts are collected from the Exchange Entity 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 exchange under 

subsection (a), the Secretary shall refund the excess amount to 

the Exchange Entity. 

(e) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under subsections (a), (c)(2), and (d) shall be used in accordance 

with section 2695(c) of title 10, United States Code. 

(f) DESCRIPTION OF PROPERTY.—The exact legal description of 

the property, including acreage, to be exchanged under subsection 

(a) shall be determined by surveys satisfactory to the Secretary. 

(g) RELATION TO OTHER MILITARY CONSTRUCTION REQUIRE- MENTS.— 

(1) EXCLUSION FROM TREATMENT AS MILITARY CONSTRUC- TION PROJECT.—The acquisition or disposition of any property 

pursuant to the exchange authorized under subsection (a) shall 

not be treated as a military construction project for which 

an authorization is required by section 2802 of title 10, United 

States Code, or for which reporting is required by section 2662 

of such title. 

(2) EXCLUSION OF REQUIREMENT FOR PRIOR SCREENING BY

GENERAL SERVICES ADMINISTRATION FOR ADDITIONAL FEDERAL

USE.—Section 2696(b) of title 10, United States Code, does 

not apply to the conveyance of any real property pursuant 

to the exchange authorized under subsection (a). 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the exchange authorized under subsection (a) as the Secretary 

considers appropriate to protect the interests of the United States. 

(i) SUNSET.—The authority provided to the Secretary to carry 

out the exchange under subsection (a) shall expire on October 

1, 2023. 

SEC. 2842. LAND CONVEYANCE, MOUNTAIN HOME AIR FORCE BASE, 

IDAHO. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the City of Mountain Home, Idaho (in this section 

referred to as the ‘‘City’’), all right, title, and interest of the United 

States in and to a parcel of real property, including improvements 

thereon, consisting of approximately 4.25 miles of railroad spur 

located near Mountain Home Air Force Base, Idaho, as further 

described in subsection (c), for the purpose of economic development. 

(b) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—As consideration for the 

land conveyed under subsection (a), the City shall pay to the 

Secretary an amount equal to the fair market value of the 

land, as determined by an appraisal approved by the Secretary. 

The City shall provide an amount that is acceptable to the 

Secretary, whether by cash payment, in-kind consideration as 

described under paragraph (2), or a combination thereof. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the City under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, 

or restoration (including environmental restoration), or combination thereof, of any facility or infrastructure under the 

jurisdiction of the Secretary. 


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(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) MAP AND LEGAL DESCRIPTION.— (1) FINALIZING LEGAL DESCRIPTIONS.—As soon as practicable after the date of the enactment of this Act, the Secretary 

of the Air Force shall finalize a map and the legal description 

of the property to be conveyed under subsection (a). 

(2) MINOR ERRORS.—The Secretary of the Air Force may 

correct any minor errors in the map or the legal description. 

(3) AVAILABILITY.—The map and legal description shall be 

on file and available for public inspection. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary may require the 

City 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 City 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 City. 

(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. 

(e) USE RESERVATION.—The Secretary may reserve a right to 

temporarily use, for urgent reasons of national defense and at 

no cost to the United States, all or a portion of the railroad spur 

conveyed under subsection (a). 

(f) 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. 2843. LEASE OF REAL PROPERTY TO THE UNITED STATES NAVAL 

ACADEMY ALUMNI ASSOCIATION AND NAVAL ACADEMY 

FOUNDATION AT UNITED STATES NAVAL ACADEMY, 

ANNAPOLIS, MARYLAND. 

(a) AUTHORITY.—The Secretary of the Navy may lease approximately 3 acres at the United States Naval Academy in Annapolis, 

Maryland to the United States Naval Academy Alumni Association 

Inc. and the United States Naval Academy Foundation Inc. (hereafter referred to as the ‘‘lessees’’), for the purpose of enabling 

the lessees to construct, operate, and maintain the Alumni Association and Foundation Center. 


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(b) DURATION OF LEASE.—At the option of the Secretary of 

the Navy, the lease entered into under this section shall be in 

effect for 50 years. Upon the expiration of the lease, the Secretary 

may extend the lease for such additional period as the Secretary 

may determine. 

(c) PAYMENTS UNDER LEASE.— (1) AMOUNT OF PAYMENTS BASED ON FAIR MARKET VALUE.— The Secretary of the Navy shall require the lessees to make 

payments under the lease entered into under this section, in 

cash or in the form of in-kind consideration, in an amount 

and form that reflects the fair market value of the lease as 

determined by the Secretary. 

(2) PAYMENTS IN THE FORM OF IN-KIND CONSIDERATION.— (A) TIMING.—To the extent that the lessees make payments under the lease in the form of in-kind consideration, 

such consideration may be paid as a lump-sum payment 

for the entire lease term, or any part thereof, or in annual 

installments. 

(B) DESCRIPTION OF IN-KIND CONSIDERATION.—The inkind consideration paid under the lease— 

(i) shall include the relocation of any Naval Support Activity Annapolis functions presently located on 

the land to be leased to alternate locations deemed 

sufficient by the Secretary; and 

(ii) may include annual support (including cash, 

real property, or personal property) provided by the 

lessees after the date the lease is executed, to be used 

for the benefit of, or for use in connection with, the 

Naval Academy. 

(d) RETENTION AND USE OF FUNDS.—Funds received under 

the lease entered into under this section may be retained for use 

in support of the Naval Academy and to cover expenses incurred 

by the Secretary of the Navy in managing the lease. 

(e) LEASEBACK PROHIBITED.—During the period in which the 

lease entered into under this section is in effect, the Secretary 

of the Navy may not lease any of the space constructed by the 

lessees on the property leased under this section. 

(f) PAYMENT OF COSTS OF ENTERING INTO AND MANAGING

LEASE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 

require the lessees to cover the costs to be incurred by the 

Secretary, or to reimburse the Secretary for such costs incurred 

by the Secretary, in entering into and managing the lease 

under this section, including survey costs, costs for environmental documentation, and any other administrative costs 

related to the lease (as defined in section 2667 of title 10, 

United States Code). Any expenses incurred by the lessees 

pursuant to this provision may be considered in-kind consideration for purposes of subsection (c)(2) and may be credited 

against any payments due during the term of the lease. 

(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 entering into and managing the lease. 

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 


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in such fund or account. If amounts are collected from the 

lessees in advance of the Secretary incurring the actual costs, 

and the amount collected exceeds the costs actually incurred 

by the Secretary in entering into and managing the lease, 

the Secretary may refund the excess amount to the lessees. 

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be leased under this section shall 

be determined by a survey satisfactory to the Secretary of the 

Navy, and may include property currently used for public purposes. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the lease entered into under this section as the Secretary 

considers appropriate to protect the interests of the United States. 

SEC. 2844. LAND CONVEYANCE, NATICK SOLDIER SYSTEMS CENTER, 

MASSACHUSETTS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

sell and convey all right, title, and interest of the United States 

in and to parcels of real property, consisting of approximately 

98 acres and improvements thereon, located in the vicinity of Hudson, Wayland, and Needham, Massachusetts, that are the sites 

of military family housing supporting military personnel assigned 

to the United States (U.S.) Army Natick Soldier Systems Center. 

(b) COMPETITIVE SALE REQUIREMENT.—The Secretary shall use 

competitive procedures for the sale authorized by subsection (a). 

(c) CONSIDERATION.— 

(1) CONSIDERATION REQUIRED.—The Secretary shall require 

as consideration for conveyance under subsection (a), tendered 

by cash payment, an amount equal to no less than the fair 

market value, as determined by the Secretary, of the real 

property and any improvements thereon. 

(2) CASH PAYMENTS.— 

(A) CASH PAYMENTS DEPOSITED IN A SPECIAL

ACCOUNT.—Cash payments provided as consideration under 

this subsection shall be deposited in a special account 

in the Treasury established for the Secretary. 

(B) USE OF FUNDS IN SPECIAL ACCOUNT.—The Secretary 

is authorized to use funds deposited in the special account 

established under subparagraph (A) for— 

(i) demolition of existing military family housing 

on the U.S. Army Natick Soldier Systems Center (other 

than housing on property conveyed under subsection 

(a)) that the Secretary determines necessary to 

accommodate construction of military family housing 

or unaccompanied soldier housing to support military 

personnel assigned to the U.S. Army Natick Soldier 

Systems Center; 

(ii) construction or rehabilitation of military family 

housing or unaccompanied soldier housing to support 

military personnel assigned to the U.S. Army Natick 

Soldier Systems Center; or 

(iii) construction of ancillary supporting facilities 

(as that term is defined in section 2871(1) of title 

10, United States Code) to support military personnel 

assigned to the U.S. Army Natick Soldier Systems 

Center. 


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(C) CASH CONSIDERATION NOT USED PRIOR TO OCTOBER

1, 2025.—Cash payments provided as consideration under 

this subsection that are received by the Secretary and 

not used by the Secretary for purposes authorized by 

subparagraph (B) prior to October 1, 2025, shall be transferred to an account in the Treasury established pursuant 

to section 2883 of title 10, United States Code. 

(d) DESCRIPTION OF PARCELS.—The exact acreage and legal 

description of the parcels to be conveyed under subsection (a) shall 

be determined by a survey that is satisfactory to the Secretary. 

The cost of the survey shall be borne by the recipient of the 

parcels. 

(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. 

(f) INAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The 

conveyance of property under this section shall not be subject to 

section 2696 of title 10, United States Code. 

(g) DEFINITION OF SECRETARY.—In this section the term ‘‘Secretary’’ means the Secretary of the Army. 

SEC. 2845. LAND EXCHANGE, NAVAL AIR STATION CORPUS CHRISTI, 

TEXAS. 

(a) LAND EXCHANGE AUTHORIZED.—The Secretary of the Navy 

(in this section referred to as the ‘‘Secretary’’) may convey to the 

City of Corpus Christi, Texas (in this section referred to as the 

‘‘City’’), all right, title, and interest of the United States in and 

to a parcel of real property, including improvements thereon, consisting of approximately 44 acres known as the Peary Place Transmitter Site in Nueces County associated with Naval Air Station 

Corpus Christi, Texas. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall convey to the Secretary its real property interests either adjacent or proximate, and causing an 

encroachment concern as determined by the Secretary, to Naval 

Air Station Corpus Christi, Naval Outlying Landing Field Waldron 

and Naval Outlying Landing Field Cabaniss. 

(c) LAND EXCHANGE AGREEMENT.—The Secretary and the City 

may enter into a land exchange agreement to implement this section. 

(d) VALUATION.—The value of each property interest to be 

exchanged by the Secretary and the City described in subsections 

(a) and (b) 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. 

(e) CASH EQUALIZATION PAYMENTS.— 

(1) TO THE SECRETARY.—If the value of the property 

interests described in subsection (a) is greater than the value 

of the property interests described in subsection (b), the values 

shall be equalized through a cash equalization payment from 

the City to the Department of the Navy. 

(2) NO EQUALIZATION.—If the value of the property interests 

described in subsection (b) is greater than the value of the 


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property interests described in subsection (a), the Secretary 

shall not make a cash equalization payment to equalize the 

values. 

(f) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

City to pay costs to be incurred by the Secretary to carry 

out the exchange of property interests under this section, 

including those costs related to land survey, environmental 

documentation, real estate due diligence such as appraisals, 

and any other administrative costs related to the exchange 

of property interests to include costs incurred preparing and 

executing the land exchange agreement authorized under subsection (c). If amounts are collected from the City 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 exchange of property interests, the Secretary 

shall refund the excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) above shall be used 

in accordance with section 2695(c) of title 10, United States 

Code. 

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property interests to be exchanged under this 

section shall be determined by surveys satisfactory to the Secretary. 

(h) 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 the Secretary and the City, including such additional 

terms and conditions as the Secretary considers appropriate to 

protect the interests of the United States. 

(i) EXEMPTION FROM SCREENING REQUIREMENTS FOR ADDITIONAL FEDERAL USE.—The authority under this section is exempt 

from the screening process required under section 2696(b) of title 

10, United States Code. 

(j) SUNSET PROVISION.—The authority under this section shall 

expire on October 1, 2019, unless the Secretary and the City have 

signed a land exchange agreement described in subsection (c). 

SEC. 2846. IMPOSITION OF ADDITIONAL CONDITIONS ON FUTURE USE 

OF CASTNER RANGE, FORT BLISS, TEXAS. 

Section 2844 of the Military Construction Authorization Act 

for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 

2157) is amended by adding at the end the following new subsection: 

‘‘(e) ADDITIONAL CONDITIONS ON FUTURE USE OF CASTNER

RANGE.— 

‘‘(1) CONDITIONS.—To protect and conserve ecological, 

scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources within the real property 

described in subsection (a), subject to rights and improvements 

in existence as of December 31, 2017, there shall be no commercial enterprise, no permanent road, no temporary road, no 

use of motor vehicles or motorized equipment, no landing of 

aircraft, no other form of mechanical transport, and no structure, building or installation of any kind, except measures 

required to protect the health and safety of persons. 

‘‘(2) APPLICABILITY OF CONDITIONS.— 


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‘‘(A) Paragraph (1) applies to use of the real property 

by the Secretary or any successor in interest including 

the head of another federal agency or a non-federal entity. 

‘‘(B) The Secretary, or head of any other federal agency, 

shall include the conditions set forth in paragraph (1) in 

the conveyance authorized by subsection (a), or any conveyance of the property described in subsection (a), or any 

portion thereof, to any other non-federal entity. 

‘‘(3) NONCOMPLIANCE.—Subsection (b) shall apply to a 

determination by the Secretary, or head of any other federal 

agency, that a non-federal entity to whom the property 

described in subsection (a) or any portion thereof has been 

conveyed, or any successor in interest, has not complied with 

paragraph (1). 

‘‘(4) MILITARY MUNITIONS.—The Secretary shall conduct 

military munitions response actions on the real property 

described in subsection (a) in accordance with the Comprehensive Environmental Response Compensation and Liability Act 

of 1980 and consistent with the limited recreational, non-residential, non-commercial conditions on future use set forth in 

paragraph (1). These munitions response actions shall also 

minimize disturbance of natural and cultural resources present 

on the real property described in subsection (a).’’. 

SEC. 2847. LAND CONVEYANCE, FORMER MISSILE ALERT FACILITY 

KNOWN AS QUEBEC-01, LARAMIE COUNTY, WYOMING. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey, without consideration, to the State of Wyoming (in 

this section referred to as the ‘‘State’’), all right, title, and interest 

of the United States in and to the real property, including any 

improvements thereon, consisting of the former Missile Alert 

Facility (MAF) known as ‘‘Quebec-01,’’ located in Laramie County, 

Wyoming, for the purpose of operating a historical site, interpretive 

center, or museum. 

(b) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary of the Air Force 

may require the State 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 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 State 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 State. 

(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, or if such 

fund or account has expired at the time of credit, to an appropriate appropriation, 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 

appropriation, fund, or account, and shall be available for the 

same purpose, and subject to the same conditions and limitations, as amounts in such fund or account. 


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(c) 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 

the Air Force. 

(d) REVERSIONARY INTEREST.—If the Secretary of the Air Force 

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 subsection (a), 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. 

(e) ADDITIONAL TERMS.—The Secretary of the Air Force may 

require such additional terms and conditions in connection with 

the conveyance as the Secretary considers appropriate to protect 

the interests of the United States. 

Subtitle F—Military Memorials, 

Monuments, and Museums 

SEC. 2861. RECOGNITION OF THE NATIONAL MUSEUM OF WORLD WAR 

II AVIATION. 

(a) RECOGNITION.—The National Museum of World War II Aviation in Colorado Springs, Colorado, is recognized as America’s 

National World War II Aviation Museum. 

(b) EFFECT OF RECOGNITION.—The National Museum recognized 

by this section is not a unit of the National Park System, and 

the recognition of the National Museum shall not be construed 

to require or permit Federal funds to be expended for any purpose 

related to the National Museum. 

SEC. 2862. PRINCIPAL OFFICE OF AVIATION HALL OF FAME. 

Section 23107 of title 36, United States Code, is amended 

by striking ‘‘Dayton,’’ and all that follows through ‘‘trustees’’ and 

inserting ‘‘Ohio’’. 

SEC. 2863. ESTABLISHMENT OF A VISITOR SERVICES FACILITY ON THE 

ARLINGTON RIDGE TRACT. 

(a) ARLINGTON RIDGE TRACT DEFINED.—In this section, the 

term ‘‘Arlington Ridge tract’’ means the parcel of Federal land 

located in Arlington County, Virginia, known as the ‘‘Nevius Tract’’ 

and transferred to the Department of the Interior in 1953, that 

is bounded generally by— 

(1) Arlington Boulevard (United States Route 50) to the 

north; 

(2) Jefferson Davis Highway (Virginia Route 110) to the 

east; 

(3) Marshall Drive to the south; and 

(4) North Meade Street to the west. 

(b) ESTABLISHMENT OF VISITOR SERVICES FACILITY.—Notwithstanding section 2863(g) of the Military Construction Authorization 

Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1332), 

the Secretary of the Interior may construct a structure for visitor 


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services, including a public restroom facility, on the Arlington Ridge 

tract in the area of the United States Marine Corps War Memorial. 

SEC. 2864. MODIFICATION OF PROHIBITION ON TRANSFER OF VETERANS MEMORIAL OBJECTS TO FOREIGN GOVERNMENTS 

WITHOUT SPECIFIC AUTHORIZATION IN LAW. 

(a) DESCRIPTION OF OBJECTS.—Paragraph (2)(B)(iii) of section 

2572(e) of title 10, United States Code, is amended by striking 

‘‘from abroad’’ and inserting ‘‘from abroad before 1907’’. 

(b) EXTENSION OF PROHIBITION.—Paragraph (3)(B) of section 

2572(e) of such title is amended by striking ‘‘September 30, 2017’’ 

and inserting ‘‘September 30, 2022’’. 

(c) PERMITTING TRANSFER OF BELLS OF BALANGIGA.— 

(1) IN GENERAL.—Notwithstanding section 2572(e) of title 

10, United States Code, the President may transfer the veterans 

memorial object known as the ‘‘Bells of Balangiga’’ to the 

Republic of the Philippines if the Secretary of Defense certifies 

to Congress that— 

(A) the transfer of the object is in the national security 

interests of the United States; and 

(B) appropriate steps have been taken to preserve the 

history of the veterans associated with the object, including 

consultation with associated veterans organizations and 

government officials in the State of Wyoming, as appropriate. 

(2) TIMING OF TRANSFER.—The President may not carry 

out the transfer described in this subsection until at least 

90 days after the Secretary of Defense provides Congress with 

the certification required under paragraph (1). 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect October 1, 2017. 

Subtitle G—Other Matters 

SEC. 2871. AUTHORITY OF THE SECRETARY OF THE AIR FORCE TO 

ACCEPT LESSEE IMPROVEMENTS AT AIR FORCE PLANT 

42. 

(a) ACCEPTANCE OF LESSEE IMPROVEMENTS AT AIR FORCE PLANT

42.—A lease of Air Force Plant 42, in whole or part, may permit 

the lessee, with the approval of the Secretary of the Air Force, 

to alter, expand, or otherwise improve the plant or facility as 

necessary for the development or production of military weapons 

systems, munitions, components, or supplies. Such lease may provide, notwithstanding section 2802 of title 10, United States Code, 

that such alteration, expansion or other improvement shall, upon 

completion, become the property of the Federal Government, regardless of whether such alteration, expansion, or other improvement 

constitutes all or part of the consideration for the lease pursuant 

to section 2667(b)(5) of such title or represents a reimbursable 

cost allocable to any contract, cooperative agreement, grant, or 

other instrument with respect to activity undertaken at Air Force 

Plant 42. 

(b) CONGRESSIONAL NOTIFICATION.—When a decision is made 

to approve a project to which subsection (a) applies costing more 

than the threshold specified under section 2805(c) of such title, 

the Secretary of the Air Force shall notify the congressional defense 

10 USC 2572 

note. 


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committees in writing of that decision, the justification for the 

project, and the estimated cost of the project. The Secretary may 

not carry out the project until the end of the 21-day period beginning 

on the date the congressional defense committees receive such 

notification or, if earlier, the end of the 14-day period beginning 

on the date on which a copy of the notification is provided in 

an electronic medium pursuant to section 480 of such title. 

SEC. 2872. MODIFICATION OF DEPARTMENT OF DEFENSE GUIDANCE 

ON USE OF AIRFIELD PAVEMENT MARKINGS. 

(a) MODIFICATION REQUIRED.—Except as provided in subsection 

(b), the Secretary of Defense shall require such modifications of 

Unified Facilities Guide Specifications for pavement markings 

(UFGS 32 17 23.00 20 Pavement Markings, UFGS 32 17 24.00 

10 Pavement Markings), Air Force Engineering Technical Letter 

ETL 97–18 (Guide Specification for Airfield and Roadway Marking), 

and any other Department of Defense guidance on airfield pavement 

markings as may be necessary to prohibit the use of Type I glass 

beads or any glass beads with a 1.6 refractive index or less from 

use on airfield markings on airfields under the control of the Secretary. 

(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary 

of the Air Force submits a certification to the congressional defense 

committees that, whenever a proposed contract for airfield pavement markings includes the use of Type I and Type III glass 

beads, the assessment of the life-cycle costs associated with the 

use of such beads appropriately considers the local site conditions, 

life-cycle cost maintenance, environmental impact, operational 

requirements, and the safety of flight. 

(c) EFFECTIVE DATE.—The modifications required under subsection (a) shall apply with respect to procurements occurring after 

September 30, 2018. 

SEC. 2873. AUTHORITY OF CHIEF OPERATING OFFICER OF ARMED 

FORCES RETIREMENT HOME TO ACQUIRE AND LEASE 

PROPERTY. 

(a) ACQUISITION OF PROPERTY.—Section 1511(e) of the Armed 

Forces Retirement Home Act of 1991 (24 U.S.C. 411(e)) is 

amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘Secretary of Defense may acquire,’’ 

and inserting ‘‘Chief Operating Officer may acquire,’’; and 

(B) by striking ‘‘Secretary may acquire’’ and inserting 

‘‘Chief Operating Officer may acquire’’; and 

(2) in paragraph (3)— 

(A) by striking ‘‘Secretary of Defense determines’’ and 

inserting ‘‘Chief Operating Officer determines’’; and 

(B) by striking ‘‘Secretary shall dispose’’ and inserting 

‘‘Chief Operating Officer shall dispose’’. 

(b) LEASING OF NON-EXCESS PROPERTY.—Subsection (i) of section 1511 of such Act (24 U.S.C. 411(i)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘Whenever’’ and inserting ‘‘Subject to 

the approval of the Secretary of Defense, whenever’’; 

(B) by striking ‘‘Secretary of Defense (acting on behalf 

of the Chief Operating Officer)’’ and inserting ‘‘Chief Operating Officer’’; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1871 

(C) by striking ‘‘Secretary considers’’ and inserting 

‘‘Chief Operating Officer considers’’; 

(2) in paragraph (5), by striking ‘‘the Secretary of Defense 

may not enter into the lease on behalf of the Chief Operating 

Officer’’ and inserting ‘‘the Chief Operating Officer may not 

enter into the lease’’; and 

(3) in subparagraph (A) of paragraph (6), by striking ‘‘Secretary of Defense’’ and inserting ‘‘Chief Operating Officer’’. 

SEC. 2874. RESTRICTIONS ON REHABILITATION OF OVER-THEHORIZON BACKSCATTER RADAR STATION. 

(a) RESTRICTIONS.—Except as provided in subsection (b), the 

Secretary of the Air Force may not use any funds or resources 

to carry out the rehabilitation of the Over-the-Horizon Backscatter 

Radar Station on Modoc National Forest land in Modoc County, 

California. 

(b) EXCEPTION FOR REMOVAL OF PERIMETER FENCE.—Notwithstanding subsection (a), the Secretary may use funds and resources 

to remove the perimeter fence surrounding the Over-the-Horizon 

Backscatter Radar Station and to carry out the mitigation of soil 

contamination associated with such fence. 

(c) SUNSET.—Subsection (a) shall terminate on the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2019. 

SEC. 2875. PERMITTING MACHINE ROOM-LESS ELEVATORS IN DEPARTMENT OF DEFENSE FACILITIES. 

(a) IN GENERAL.—The Secretary of Defense shall issue modifications to all relevant construction and facilities specifications to 

ensure that machine room-less elevators (MRLs) are not prohibited 

in buildings and facilities throughout the Department of Defense, 

including modifications to the Unified Facilities Guide Specifications 

(UFGS), the Naval Facilities Engineering Command Interim Technical Guidance, and the Army Corps of Engineers Engineering 

and Construction Bulletin. 

(b) CONFORMING TO BEST PRACTICES.—In addition to the modifications required under subsection (a), the Secretary may issue 

further modifications to conform generally with commercial best 

practices as reflected in the safety code for elevators and escalators 

as issued by the American Society of Mechanical Engineers. 

(c) DEADLINES.—The Secretary shall promulgate interim MRL 

standards not later than 180 days after the date of the enactment 

of this Act, and shall issue final and formal MRL specifications 

not later than 1 year after the date of the enactment of this 

Act. 

(d) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a report to the congressional defense committees on the integration and utilization of 

MRLs, including information on quantity, location, problems, and 

successes. 

SEC. 2876. DISCLOSURE OF BENEFICIAL OWNERSHIP BY FOREIGN PERSONS OF HIGH SECURITY SPACE LEASED BY THE DEPARTMENT OF DEFENSE. 

(a) IDENTIFICATION OF BENEFICIAL OWNERSHIP.—Before 

entering into a lease agreement with a covered entity for accommodation of a military department or Defense Agency in a building 

(or other improvement) that will be used for high-security leased 

10 USC 2661 

note. 

10 USC 2801 

note. 


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131 STAT. 1872 PUBLIC LAW 115–91—DEC. 12, 2017 

space, the Department of Defense shall require the covered entity 

to— 

(1) identify each beneficial owner of the covered entity 

by— 

(A) name; 

(B) current residential or business street address; and 

(C) in the case of a United States person, a unique 

identifying number from a nonexpired passport issued by 

the United States or a nonexpired drivers license issued 

by a State; and 

(2) disclose to the Department of Defense any beneficial 

owner of the covered entity that is a foreign person. 

(b) REQUIRED DISCLOSURE.— 

(1) INITIAL DISCLOSURE.—The Secretary of Defense shall 

require a covered entity to provide the information required 

under subsection (a), when first submitting a proposal in 

response to a solicitation for offers issued by the Department. 

(2) UPDATES.—The Secretary of Defense shall require a 

covered entity to update a submission of information required 

under subsection (a) not later than 60 days after the date 

of any change in— 

(A) the list of beneficial owners of the covered entity; 

or 

(B) the information required to be provided relating 

to each such beneficial owner. 

(c) PRECAUTIONS.—If a covered entity discloses a foreign person 

as a beneficial owner of a building (or other improvement) from 

which the Department of Defense is leasing high-security leased 

space, the Department of Defense shall notify the tenant of the 

space to take appropriate security precautions. 

(d) DEFINITIONS.— 

(1) BENEFICIAL OWNER.— 

(A) IN GENERAL.—The term beneficial owner— 

(i) means, with respect to a covered entity, each 

natural person who, directly or indirectly— 

(I) exercises control over the covered 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 covered 

entity; and 

(ii) does not include, with respect to a covered 

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 covered entity and whose control over or 

economic benefits from the covered entity derives 

solely from the employment status of the person; 

(IV) a person whose only interest in the covered entity is through a right of inheritance, unless 

the person otherwise meets the definition of ‘‘beneficial owner’’ under this paragraph; and 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1873 

(V) a creditor of the covered entity, unless 

the creditor otherwise meets the requirements of 

‘‘beneficial owner’’ described above. 

(B) ANTI-ABUSE RULE.—The exceptions under subparagraph (A)(ii) shall not apply if used for the purpose of 

evading, circumventing, or abusing the requirements of 

this section. 

(2) COVERED ENTITY.—The term ‘‘covered entity’’ means 

a person, copartnership, corporation, or other public or private 

entity. 

(3) FOREIGN PERSON.—The term ‘‘foreign person’’ means 

an individual who is not a United States person or an alien 

lawfully admitted for permanent residence into the United 

States. 

(4) HIGH-SECURITY LEASED SPACE.—The term ‘‘high-security 

leased space’’ means a space leased by the Department of 

Defense that has a security level of III, IV, or V, as determined 

in accordance with the Interagency Security Committee Risk 

Management Process. 

(5) UNITED STATES PERSON.—The term ‘‘United States person’’ means a natural person who is a citizen of the United 

States or who owes permanent allegiance to the United States. 

SEC. 2877. JOINT USE OF DOBBINS AIR RESERVE BASE, MARIETTA, 

GEORGIA, WITH CIVIL AVIATION. 

(a) IN GENERAL.—The Secretary of the Air Force may enter 

into an agreement that would provide or permit the joint use 

of Dobbins Air Reserve Base, Marietta, Georgia, by the Air Force 

and civil aircraft. 

(b) CONFORMING REPEAL.—Section 312 of the National Defense 

Authorization Act, Fiscal Year 1989 (Public Law 100–456; 102 

Stat. 1950) is hereby repealed. 

SEC. 2878. REPORT ON HURRICANE DAMAGE TO DEPARTMENT OF 

DEFENSE ASSETS. 

(a) IN GENERAL.—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 on damage to 

Department of Defense assets and installations from hurricanes 

during 2017. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) The results of a storm damage assessment. 

(2) A description of affected military installations and 

assets. 

(3) A request for funding to initiate the repair and replacement of damaged facilities and assets, including necessary 

upgrades to existing facilities to make them compliant with 

current hurricane standards, and to cover any unfunded 

requirements for military construction at affected military 

installations. 

(4) An adaptation plan to ensure military installations 

funded with taxpayer dollars are constructed to better withstand flooding and extreme weather events. 

SEC. 2879. SPECIAL RULES FOR CERTAIN PROJECTS. 

(a) CONDITIONS ON USE OF FUNDS FOR KWAJALEIN PROJECT.— 


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131 STAT. 1874 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) CONDITIONS DESCRIBED.—The military family housing 

replacement project at Kwajalein Atoll (as included under title 

XXI) shall be subject to the following conditions: 

(A) The project shall provide for the construction of 

at least 26 family housing units. 

(B) The housing units may be used to house only 

military personnel, other Federal employees, and their 

dependents. 

(C) If the costs of the project exceed the amount authorized for the project under title XXI, in addition to meeting 

the requirements of section 2853 of title 10, United States 

Code (as amended by this Act), the Secretary of the Army 

shall submit a separate report to the congressional defense 

committees which contains the following: 

(i) A detailed explanation of why the costs of the 

project exceeded such authorized amount. 

(ii) A description of the specific actions taken to 

prevent further cost increases on this project and lessons learned that will be applied to future projects 

at this location. 

(iii) A summary of alternatives considered to keep 

the cost of the project from exceeding such authorized 

amount. 

(2) REPORT ON ALTERNATIVES FOR FUNDING CONTRACTOR

WORKFORCE.—Not later than 180 days after the date of enactment of this Act, the Secretary of the Army shall submit a 

report to the congressional defense committees detailing options 

under consideration to meet the requirements for a housing 

contractor workforce at Kwajalein Atoll which do not rely on 

the use of military construction funds for the costs of such 

a workforce. 

(b) LIMITATION ON CERTAIN GUAM PROJECT.—The Secretary 

of the Navy may not carry out any construction activity on the 

project on Guam known as the ‘‘Replace Andersen Housing Phase 

II’’ project (as included under title XXII) until the expiration of 

the 30-day period which begins on the date the Secretary submits 

to the congressional defense committees a report certifying the 

following: 

(1) Either a sufficient workforce of contractors or subcontractors is in place on Guam, or the Secretary has a plan 

in place to ensure that a sufficient workforce of contractors 

or subcontractors will be in place on Guam, to perform the 

work required by the scope of the project. 

(2) A contract has been awarded for each of the following 

military construction projects authorized by this Act, either 

as a separate contract or as a joint contract with the Replace 

Andersen House Phase II project: 

(A) Corrosion Control Hangar, Joint Region Marianas. 

(B) Aircraft Maintenance Hanger #2, Joint Region 

Marianas. 

(C) MALS Facilities, Joint Region Marianas. 

(D) Water Well Field, Joint Region Marianas. 

(E) Navy-Commercial Tie-In Hardening, Joint Region 

Marianas. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1875 

SEC. 2880. ENERGY SECURITY FOR MILITARY INSTALLATIONS IN 

EUROPE. 

(a) AUTHORITY.—The Secretary of Defense shall take appropriate measures, to the extent practicable, to— 

(1) reduce the dependency of all United States military 

installations in Europe on energy sourced inside Russia; and 

(2) ensure that all United States military installations in 

Europe are able to sustain operations in the event of a supply 

disruption. 

(b) CERTIFICATION REQUIREMENT.—Not later than December 

31, 2021, the Secretary of Defense shall certify to the congressional 

defense committees whether or not at United States military 

installations in Europe the Department of Defense— 

(1) has taken significant steps to minimize to the extent 

practicable the dependency on energy sourced inside the Russian Federation at such installations; and 

(2) has the ability to sustain mission critical operations 

during an energy supply disruption. 

(c) DEFINITION OF ENERGY SOURCES INSIDE RUSSIA.—In this 

section, the term ‘‘energy sourced inside Russia’’ means energy 

that is produced, owned, or facilitated by companies that are located 

in the Russian Federation or owned or controlled by the Government 

of the Russian Federation. 

TITLE XXIX—OVERSEAS CONTINGENCY 

OPERATIONS MILITARY CONSTRUCTION 

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

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

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

Sec. 2904. Authorized Defense Agencies construction and land acquisition project. 

Sec. 2905. Authorization of appropriations. 

Sec. 2906. Extension of authorization of certain fiscal year 2015 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 

Cuba ....................... Guantanamo ............................................ $115,000,000 

Turkey .................... Various Locations ................................... $6,400,000 

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECT. 

The Secretary of the Navy may acquire real property and 

carry out the military construction projects for the installation 

outside the United States, and in the amount, set forth in the 

following table: 

10 USC 2911 

note. 


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131 STAT. 1876 PUBLIC LAW 115–91—DEC. 12, 2017 

Navy: Outside the United States 

Country Location Amount 

Djibouti ................... Camp Lemonnier .................................... $13,390,000 

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECT. 

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 

Estonia ................... Amari Air Base ....................................... $13,900,000 

Hungary ................. Kecskemet Air Base ............................... $55,400,000 

Iceland .................... Keflavik ................................................... $14,400,000 

Italy ........................ Aviano Air Base ...................................... $27,325,000 

Jordan ..................... Azraq ....................................................... $143,000,000 

Latvia ..................... Lielvarde Air Base .................................. $3,850,000 

Luxembourg ........... Sanem ...................................................... $67,400,000 

Norway ................... Rygge ....................................................... $10,300,000 

Qatar ...................... Al Udeid ................................................... $15,000,000 

Romania ................. Campia Turzii ......................................... $2,950,000 

Slovakia .................. Silac Airport ............................................ $22,000,000 

Malacky ................................................... $24,000,000 

Turkey .................... Incirlik Air Base ..................................... $48,697,000 

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECT. 

The Secretary of Defense may acquire real property and carry 

out the military construction project for the installation outside 

the United States, and in the amount, set forth in the following 

table: 

Defense Agencies: Outside the United States 

Country Location Amount 

Italy ........................ Sigonella .................................................. $22,400,000 

SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2017, for the military construction 

projects outside the United States authorized by this title as specified in the funding table in section 4602. 

SEC. 2906. EXTENSION OF AUTHORIZATION 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 2902 

of that Act (128 Stat. 3717), shall remain in effect until October 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1877 

1, 2018, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2019, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Extension of 2015 Air Force OCO Project Authorizations 

Country Installation Project Amount 

Italy ........................ Camp Darby ...... ERI: Improve 

Weapons 

Storage Facility.

$44,500,000 

Poland .................... Lask Air Base ... ERI: Improve 

Support Infrastructure.

$22,400,000 

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. Nuclear security enterprise infrastructure modernization initiative. 

Sec. 3112. Incorporation of integrated surety architecture in transportation. 

Sec. 3113. Cost estimates for life extension program and major alteration projects. 

Sec. 3114. Improved information relating to certain defense nuclear nonproliferation programs. 

Sec. 3115. Research and development of advanced naval reactor fuel based on lowenriched uranium. 

Sec. 3116. National Nuclear Security Administration pay and performance system. 

Sec. 3117. Budget requests and certification regarding nuclear weapons dismantlement. 

Sec. 3118. Nuclear warhead design competition. 

Sec. 3119. Modification of minor construction threshold for plant projects. 

Sec. 3120. Extension of authorization of Advisory Board on Toxic Substances and 

Worker Health. 

Sec. 3121. Use of funds for construction and project support activities relating to 

MOX facility. 

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

Subtitle C—Plans and Reports 

Sec. 3131. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation. 

Sec. 3132. Annual reports on unfunded priorities of National Nuclear Security Administration. 

Sec. 3133. Modification of certain reporting requirements. 

Sec. 3134. Modification to stockpile stewardship, management, and responsiveness 

plan. 

Sec. 3135. Assessment and development of prototype nuclear weapons of foreign 

countries. 

Sec. 3136. Plan for verification, detection, and monitoring of nuclear weapons and 

fissile material. 


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131 STAT. 1878 PUBLIC LAW 115–91—DEC. 12, 2017 

Sec. 3137. Review of United States nuclear and radiological terrorism prevention 

strategy. 

Sec. 3138. Assessment of management and operating contracts of national security 

laboratories. 

Sec. 3139. Evaluation of classification of certain defense nuclear waste. 

Sec. 3140. Improved reporting for anti-smuggling radiation detection systems. 

Sec. 3141. Plutonium capabilities. 

Sec. 3142. Report on critical decision 1 on Material Staging Facility project. 

Sec. 3143. Plan to further minimize the use of highly enriched uranium for medical 

isotopes. 

Subtitle D—Other Matters 

Sec. 3151. 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 

fiscal year 2018 for the activities of the National Nuclear Security 

Administration in carrying out programs as specified in the funding 

table in division D. 

(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 18–D–150, Surplus Plutonium Disposition, 

Savannah River Site, Aiken, South Carolina, $9,000,000. 

Project 18–D–620, Exascale Computing Facility Modernization Project, Lawrence Livermore National Laboratory, Livermore, California, $3,000,000. 

Project 18–D–650, Tritium Production Capability, 

Savannah River Site, Aiken, South Carolina, $6,800,000. 

Project 18–D–660, Fire Station, Y–12 National Security Complex, Oak Ridge, Tennessee, $28,000,000. 

Project 18–D–670, Exascale Class Computer Cooling Equipment, Los Alamos National Laboratory, Los Alamos, New 

Mexico, $22,000,000. 

Project 18–D–680, Material Staging Facility, Pantex Plant, 

Amarillo, Texas, $5,200,000. 

(c) MODIFICATION OF AUTHORITY TO CARRY OUT ALBUQUERQUE

COMPLEX UPGRADES CONSTRUCTION PROJECT.— 

(1) IN GENERAL.—The Administrator for Nuclear Security 

may enter into an incrementally funded contract for Project 

16–D–515, the Albuquerque Complex upgrades construction 

project, Albuquerque, New Mexico. 

(2) LIMITATION.—The total cost for the Albuquerque Complex upgrades construction project may not exceed 

$174,700,000. 

(3) FUNDING OF INCREMENTS.— (A) INCREMENT 1.—The amount authorized to be appropriated by section 3101 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 

Stat. 2754) for fiscal year 2017 and available for Project 

16–D–515 as specified in the funding table in section 4701 

of that Act (Public Law 114–328; 130 Stat. 2890) shall 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1879 

be deemed to be an amount authorized to be appropriated 

for increment 1 of the Albuquerque Complex upgrades 

construction project. 

(B) INCREMENT 2.—The amount authorized to be appropriated by this section for fiscal year 2018 and available 

for Project 16–D–515 as specified in the funding table 

in division D shall be available for increment 2 of the 

Albuquerque Complex upgrades construction project. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2018 for defense 

environmental cleanup activities in carrying out programs as specified in the funding table in division D. 

(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 18–D–401, Saltstone Disposal Units #8 and #9, Savannah River Site, Aiken, South Carolina, $500,000. 

Project 18–D–402, Emergency Operations Center Replace- ment, Savannah River Site, Aiken, South Carolina, $500,000. 

Project 18–D–404, Modification of Waste Encapsulation and 

Storage Facility, Hanford Site, Richland, Washington, 

$6,500,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2018 for other defense activities 

in carrying out programs as specified in the funding table in division 

D. 

SEC. 3104. NUCLEAR ENERGY. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2018 for nuclear energy as specified 

in the funding table in division D. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. NUCLEAR SECURITY ENTERPRISE INFRASTRUCTURE MODERNIZATION INITIATIVE. 

(a) FINDINGS.—Congress finds the following: 

(1) On September 7, 2016, during testimony before the 

Subcommittee on Strategic Forces of the Committee on Armed 

Services of the House of Representatives— 

(A) the Administrator for Nuclear Security, Frank 

Klotz, said— 

(i) ‘‘Our infrastructure is extensive, complex, and, 

in many critical areas, several decades old. More than 

half of NNSA’s approximately 6,000 real property 

assets are over 40 years old, and nearly 30 percent 

date back to the Manhattan Project era. Many of the 

enterprise’s critical utility, safety, and support systems 

are failing at an increasing and unpredictable rate, 

which poses both programmatic and safety risk.’’; and 


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131 STAT. 1880 PUBLIC LAW 115–91—DEC. 12, 2017 

(ii) ‘‘I can think of no greater threat to the nuclear 

security enterprise than the state of NNSA’s infrastructure.’’; 

(B) the President and Chief Executive Officer of 

Consolidated Nuclear Security, Morgan Smith, said, ‘‘Many 

key facilities at both [Pantex and Y–12] were constructed 

in the 1940s and were intended to operate for as little 

as one decade. Many facilities and their supporting infrastructure have exceeded or far exceeded their expected 

life, and major systems within the facilities are beginning 

to fail.’’; and 

(C) the Director of Los Alamos National Laboratory, 

Dr. Charlie McMillan, said, ‘‘One of the things that keeps 

me up at night is the realization that essential capabilities 

are held at risk by the possibility of such failures; in 

many cases, our enterprise has a single point of failure.’’. 

(2) In a letter sent on December 23, 2015, by the Secretary 

of Energy, Ernest Moniz, to the Director of the Office of 

Management and Budget, Shaun Donovan, the Secretary said, 

‘‘A majority of the National Nuclear Security Administration’s 

(NNSA) facilities and systems are well beyond end-of-life.... 

Infrastructure problems such as falling ceilings are increasing 

in frequency and severity, unacceptably risking the safety and 

security of both personnel and material at NNSA facilities, 

as well as in some instances, potential offsite risks. The entire 

complex could be placed at risk if there is a single failure 

where a single point would disrupt a critical link in infrastructure.’’. 

(3) The Nuclear Posture Review published in April 2010 

stated that ‘‘In order to sustain a safe, secure, and effective 

U.S. nuclear stockpile as long as nuclear weapons exist, the 

United States must possess a modern physical infrastructure.... 

Today’s nuclear complex, however, has fallen into neglect. 

Although substantial science, technology, and engineering 

investments were made over the last decade under the auspices 

of the Stockpile Stewardship Program, the complex still 

includes many oversized and costly-to maintain facilities built 

during the 1940s and 1950s. Some facilities needed for working 

with plutonium and uranium date back to the Manhattan 

Project. Safety, security, and environmental issues associated 

with these aging facilities are mounting, as are the costs of 

addressing them.’’. 

(4) In 2009, the bipartisan Congressional Commission on 

the Strategic Posture of the United States established by section 

1062 of the National Defense Authorization for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 319) stated, with regards 

to key production facilities, that ‘‘existing facilities are genuinely decrepit and are maintained in a safe and secure manner 

only at high cost’’. 

(5) Previous efforts to address the deferred maintenance 

and repair challenges within the nuclear security enterprise, 

such as the Facilities Infrastructure and Recapitalization Program and the recent halt in the growth of backlog metrics, 

are laudable but insufficient for the magnitude of the problem. 

(6) Recent figures provided by the Administrator for 

Nuclear Security estimate the backlog of deferred maintenance 


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and repair needs of the nuclear security enterprise to be 

approximately $3,700,000,000. 

(b) INFRASTRUCTURE MODERNIZATION INITIATIVE.— 

(1) ESTABLISHMENT.—Not later than 30 days after the date 

of the enactment of this Act, the Administrator for Nuclear 

Security shall establish and carry out a program, to be known 

as the ‘‘Infrastructure Modernization Initiative’’, to reduce the 

backlog of deferred maintenance and repair needs of the nuclear 

security enterprise (as defined in section 4002(6) of the Atomic 

Energy Defense Act (50 U.S.C. 2501(6))). In carrying out that 

program, the Administrator shall establish and execute infrastructure modernization milestones that reduce the deferred 

maintenance and repair needs of the nuclear security enterprise 

by not less than 30 percent by 2025. 

(2) AUTHORITIES.— (A) PROCESS.— (i) IN GENERAL.—The Secretary of Energy shall 

provide to the Administrator a process that will 

enhance or streamline the ability of the Administrator 

to carry out the program under paragraph (1) in an 

efficient and effective manner, including with respect 

to— 

(I) the demolition or construction of nonnuclear facilities of the Administration that have 

a total estimated project cost of less than 

$100,000,000; and 

(II) the decontamination, decommissioning, 

and demolition (to be performed in accordance with 

applicable health and safety standards used by 

the Defense Environmental Cleanup Program) of 

process-contaminated facilities of the Administration that have a total estimated project cost of 

less than $50,000,000. 

(ii) FUNDING.—Clause (i) may be carried out using 

amounts authorized to be appropriated for fiscal year 

2018 or any subsequent fiscal year. 

(B) APPLICATION OF CERTAIN REQUIREMENTS.—For purposes of the Management Procedures Memorandum 2015– 

01 of the Office of Management and Budget, or a successor 

memorandum, in carrying out the program under paragraph (1), the Administrator may— 

(i) perform new construction during a fiscal year 

that differs from the fiscal year of corresponding facility 

demolition; 

(ii) perform demolition of different facility category 

codes and have that demolition credit count towards 

the construction of new facilities with a different 

facility category code; and 

(iii) have the net reduction in infrastructure footprint for the five fiscal years prior to the date of 

the enactment of this Act, and the demolition during 

the five fiscal years following such date of enactment, 

considered as a factor for the purpose of meeting the 

intent of such memorandum. 

(3) INITIAL PLAN.—Not later than March 1, 2018, the 

Administrator shall submit to the congressional defense 

committees an initial plan to carry out the program under 

50 USC 2402 

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paragraph (1) to achieve the goal specified in such paragraph. 

Such plan shall include— 

(A) the funding required to carry out the program 

during the period covered by the future-years nuclear security program under section 3253 of the National Nuclear 

Security Administration Act (50 U.S.C. 2453); 

(B) the criteria for selecting and prioritizing projects 

within the program under paragraph (1); 

(C) mechanisms for ensuring the robust management 

and oversight of such projects; 

(D) a description of the process provided to the 

Administrator to carry out the program pursuant to paragraph (2)(A); and 

(E) a description of any legislative actions the Administrator recommends to further enhance or streamline 

authorities or processes relating to the program. 

(4) REASSESSMENT.—Not later than February 1, 2024, the 

Administrator shall reassess the program under paragraph (1) 

and, as appropriate, develop and establish goals for the program 

beyond 2025. 

(c) INCLUSION IN BIENNIAL DETAILED REPORT.—Section 

4203(d)(4) of the Atomic Energy Defense Act (50 U.S.C. 2523(d)(4)) 

is amended— 

(1) in subparagraph (B), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; and’’; and 

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

‘‘(D)(i) a description of— 

‘‘(I) the metrics (based on industry best practices) 

used by the Administrator to determine the infrastructure deferred maintenance and repair needs of the 

nuclear security enterprise; and 

‘‘(II) the percentage of replacement plant value 

being spent on maintenance and repair needs of the 

nuclear security enterprise; and 

‘‘(ii) an explanation of whether the annual spending 

on such needs complies with the recommendation of the 

National Research Council of the National Academies of 

Sciences, Engineering, and Medicine that such spending 

be in an amount equal to four percent of the replacement 

plant value, and, if not, the reasons for such noncompliance 

and a plan for how the Administrator will ensure facilities 

of the nuclear security enterprise are being properly sustained.’’. 

(d) REQUIREMENTS RELATING TO CRITICAL DECISIONS.— 

(1) IN GENERAL.—Subtitle A of title XLVII of the Atomic 

Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by 

adding at the end the following new section: 

‘‘SEC. 4715. MATTERS RELATING TO CRITICAL DECISIONS. 

‘‘(a) POST-CRITICAL DECISION 2 CHANGES.—After the date on 

which a plant project specifically authorized by law and carried 

out under Department of Energy Order 413.3B (relating to program 

management and project management for the acquisition of capital 

assets), or a successor order, achieves critical decision 2, the 

Administrator may not change the requirements for such project 

50 USC 2755. 


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if such change increases the cost of such project by more than 

the lesser of $5,000,000 or 15 percent, unless— 

‘‘(1) the Administrator submits to the congressional defense 

committees— 

‘‘(A) a certification that the Administrator, without 

delegation, authorizes such proposed change; and 

‘‘(B) a cost-benefit and risk analysis of such proposed 

change, including with respect to— 

‘‘(i) the effects of such proposed change on the 

project cost and schedule; and 

‘‘(ii) any mission risks and operational risks from 

making such change or not making such change; and 

‘‘(2) a period of 15 days elapses following the date of such 

submission. 

‘‘(b) REVIEW AND APPROVAL.—The Administrator shall ensure 

that critical decision packages are timely reviewed and either 

approved or disapproved.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of such Act is amended by inserting after the item 

relating to section 4714 the following new item: 

‘‘Sec. 4715. Matters relating to critical decisions.’’. 

(e) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the nuclear security enterprise, comprised of the infrastructure and capabilities of the laboratories and plants coupled 

with the dedicated and talented scientists, engineers, technicians, and administrators who form the backbone of the enterprise, are a central component of the nuclear deterrent of 

the United States; 

(2) if left unaddressed, the state of the infrastructure within 

the nuclear security enterprise represents a direct, long-term 

threat to the credibility of the nuclear deterrent of the United 

States; 

(3) both Congress and the President must take strong, 

sustained action to recapitalize and repair this infrastructure; 

(4) the Administrator must continue to carry out expeditious demolition of old facilities of the Administration to reduce 

long-term costs and improve safety; and 

(5) each budget of the President submitted to Congress 

under section 1105(a) of title 31, United States Code, for fiscal 

year 2019 and each fiscal year thereafter should include funding 

in an amount sufficient to carry out the program established 

pursuant to subsection (b)(1) to achieve the goal specified in 

such subsection. 

SEC. 3112. INCORPORATION OF INTEGRATED SURETY ARCHITECTURE 

IN TRANSPORTATION. 

(a) INCORPORATION.—Subtitle A of title XLII of the Atomic 

Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 4222. INCORPORATION OF INTEGRATED SURETY ARCHITECTURE. 

‘‘(a) SHIPMENTS.—(1) The Administrator shall ensure that shipments described in paragraph (2) incorporate surety technologies 

relating to transportation and shipping developed by the Integrated 

Surety Architecture program of the Administration. 

50 USC 2538d. 


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‘‘(2) A shipment described in this paragraph is an over-theroad shipment of the Administration that involves any nuclear 

weapon planned to be in the active stockpile after 2025. 

‘‘(b) CERTAIN PROGRAMS.—(1) The Administrator, in coordination with the Chairman of the Nuclear Weapons Council, shall 

ensure that each program described in paragraph (2) incorporates 

integrated designs compatible with the Integrated Surety Architecture program. 

‘‘(2) A program described in this subsection is a program of 

the Administration that is a warhead development program, a 

life extension program, or a warhead major alteration program. 

‘‘(c) DETERMINATION.—(1) If, on a case-by-case basis, the 

Administrator determines that a shipment under subsection (a) 

will not incorporate some or all of the surety technologies described 

in such subsection, or that a program under subsection (b) will 

not incorporate some or all of the integrated designs described 

in such subsection, the Administrator shall submit such determination to the congressional defense committees, including the results 

of an analysis conducted pursuant to paragraph (2). 

‘‘(2) Each determination made under paragraph (1) shall be 

based on a documented, system risk analysis that considers security 

risk reduction, operational impacts, and technical risk. 

‘‘(d) TERMINATION.—The requirements of subsections (a) and 

(b) shall terminate on December 31, 2029.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4221 the following new item: 

‘‘Sec. 4222. Incorporation of integrated surety architecture.’’. 

SEC. 3113. COST ESTIMATES FOR LIFE EXTENSION PROGRAM AND 

MAJOR ALTERATION PROJECTS. 

Section 4217(b) of the Atomic Energy Defense Act (50 U.S.C. 

2537(b)) is amended to read as follows: 

‘‘(b) INDEPENDENT COST ESTIMATES AND REVIEWS.—(1) The Secretary, acting through the Administrator, shall submit to the 

congressional defense committees and the Nuclear Weapons Council 

the following: 

‘‘(A) An independent cost estimate of the following: 

‘‘(i) Each nuclear weapon system undergoing life extension at the completion of phase 6.2A, relating to design 

definition and cost study. 

‘‘(ii) Each nuclear weapon system undergoing life extension at the completion of phase 6.3, relating to development 

engineering. 

‘‘(iii) Each nuclear weapon system undergoing life 

extension at the completion of phase 6.4, relating to production engineering, and before the initiation of phase 6.5, 

relating to first production. 

‘‘(iv) Each new nuclear facility within the nuclear security enterprise that is estimated to cost more than 

$500,000,000 before such facility achieves critical decision 

1 and before such facility achieves critical decision 2 in 

the acquisition process. 

‘‘(v) Each nuclear weapons system undergoing a major 

alteration project (as defined in section 4713(a)(2)). 


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‘‘(B) An independent cost review of each nuclear weapon 

system undergoing life extension at the completion of phase 

6.2, relating to study of feasibility and down-select. 

‘‘(2) Each independent cost estimate and independent cost 

review under paragraph (1) shall include— 

‘‘(A) whether the cost baseline or the budget estimate for 

the period covered by the future-years nuclear security program 

has changed, and the rationale for any such change; and 

‘‘(B) any views of the Secretary or the Administrator 

regarding such estimate or review. 

‘‘(3) The Administrator shall review and consider the results 

of any independent cost estimate or independent cost review of 

a nuclear weapon system or a nuclear facility, as the case may 

be, under this subsection before entering the next phase of the 

development process of such system or the acquisition process of 

such facility. 

‘‘(4) Except as otherwise specified in paragraph (1), each independent cost estimate or independent cost review of a nuclear 

weapon system or a nuclear facility under this subsection shall 

be submitted not later than 30 days after the date on which— 

‘‘(A) in the case of a nuclear weapons system, such system 

completes a phase specified in such paragraph; or 

‘‘(B) in the case of a nuclear facility, such facility achieves 

critical decision 1 as specified in subparagraph (A)(iv) of such 

paragraph. 

‘‘(5) Each independent cost estimate or independent cost review 

submitted under this subsection shall be submitted in unclassified 

form, but may include a classified annex if necessary.’’. 

SEC. 3114. IMPROVED INFORMATION RELATING TO CERTAIN DEFENSE 

NUCLEAR NONPROLIFERATION PROGRAMS. 

(a) IMPROVED INFORMATION.—Title XLIII of the Atomic Energy 

Defense Act (50 U.S.C. 2563 et seq.) is amended by adding at 

the end the following new section: 

‘‘SEC. 4310. INFORMATION RELATING TO CERTAIN DEFENSE NUCLEAR 

NONPROLIFERATION PROGRAMS. 

‘‘(a) TECHNOLOGIES AND CAPABILITIES.—The Administrator 

shall document, for efforts that are not focused on basic research, 

the technologies and capabilities of the defense nuclear nonproliferation research and development program that— 

‘‘(1) are transitioned to end users for further development 

or deployment; and 

‘‘(2) are deployed. 

‘‘(b) ASSESSMENTS OF STATUS.—(1) In assessing projects under 

the defense nuclear nonproliferation research and development program or the defense nuclear nonproliferation and arms control 

program, the Administrator shall compare the status of each such 

project, including with respect to the final results of such project, 

to the baseline targets and goals established in the initial project 

plan of such project. 

‘‘(2) The Administrator may carry out paragraph (1) using 

a common template or such other means as the Administrator 

determines appropriate.’’. 

(b) INCLUSION IN PLAN.—Section 4309(b) of such Act (50 U.S.C. 

2575(b)) is amended— 

(1) by redesignating paragraph (16) as paragraph (18); 

and 

50 USC 2576. 


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(2) by inserting after paragraph (15) the following new 

paragraphs: 

‘‘(16) A summary of the technologies and capabilities documented under section 4310(a). 

‘‘(17) A summary of the assessments conducted under section 4310(b)(1).’’. 

(c) CLERICAL AMENDMENT.—The table of contents for the Atomic 

Energy Defense Act is amended by inserting after the item relating 

to section 4309 the following new item: 

‘‘Sec. 4310. Information relating to certain defense nuclear nonproliferation programs.’’. 

SEC. 3115. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL 

REACTOR FUEL BASED ON LOW-ENRICHED URANIUM. 

(a) PROHIBITION ON AVAILABILITY OF FUNDS FOR FISCAL YEAR

2018.— 

(1) RESEARCH AND DEVELOPMENT.—Except as provided by 

paragraph (2), none of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2018 

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. 

(2) EXCEPTION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2018 

for defense nuclear nonproliferation, as specified in the funding 

table in division D— 

(A) $5,000,000 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; and 

(B) if the Secretary of Energy and the Secretary of 

the Navy determine under section 3118(c)(1) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92; 129 Stat. 1196) that such low-enriched uranium activities and research and development should continue, an additional $30,000,000 may be made available 

to the Deputy Administrator for such purpose. 

(b) PROHIBITION ON AVAILABILITY OF FUNDS REGARDING CERTAIN ACCOUNTS AND PURPOSES.— 

(1) RESEARCH AND DEVELOPMENT AND PROCUREMENT.— 

Chapter 633 of title 10, United States Code, is amended by 

adding at the end the following new section: 

‘‘§ 7319. Requirements for availability of funds relating to 

advanced naval nuclear fuel systems based on lowenriched uranium 

‘‘(a) AUTHORIZATION.—Low-enriched uranium activities may 

only be carried out using funds authorized to be appropriated or 

otherwise made available for the Department of Energy for atomic 

energy defense activities for defense nuclear nonproliferation. 

10 USC 7319. 


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‘‘(b) PROHIBITION REGARDING CERTAIN ACCOUNTS.—(1) None 

of the funds described in paragraph (2) may be obligated or 

expended to carry out low-enriched uranium activities. 

‘‘(2) The funds described in this paragraph are funds authorized 

to be appropriated or otherwise made available for any fiscal year 

for any of the following accounts: 

‘‘(A) Shipbuilding and conversion, Navy, or any other 

account of the Department of Defense. 

‘‘(B) Any account within the atomic energy defense activities of the Department of Energy other than defense nuclear 

nonproliferation, as specified in subsection (a). 

‘‘(3) The prohibition in paragraph (1) may not be superseded 

except by a provision of law that specifically supersedes, repeals, 

or modifies this section. A provision of law, including a table incorporated into an Act, that appropriates funds described in paragraph 

(2) for low-enriched uranium activities may not be treated as specifically superseding this section unless such provision specifically 

cites to this section. 

‘‘(c) LOW-ENRICHED URANIUM ACTIVITIES DEFINED.—In this section, the term ‘low-enriched uranium activities’ means the following: 

‘‘(1) Planning or carrying out research and development 

of an advanced naval nuclear fuel system based on low-enriched 

uranium. 

‘‘(2) Procuring ships that use low-enriched uranium in naval 

nuclear propulsion reactors.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘7319. Requirements for availability of funds relating to advanced naval nuclear fuel 

systems based on low-enriched uranium.’’. 

(c) REPORTS.— 

(1) SSN(X) SUBMARINE.—Not later than 180 days after the 

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

and the Deputy Administrator for Naval Reactors shall jointly 

submit to the Committees on Armed Services of the House 

of Representatives and the Senate a report on the cost and 

timeline required to assess the feasibility, costs, and requirements for a design of the Virginia-class replacement nuclear 

attack submarine that would allow for the use of a low-enriched 

uranium fueled reactor, if technically feasible, without changing 

the diameter of the submarine. 

(2) RESEARCH AND DEVELOPMENT.—Not later than 60 days 

after the date of the enactment of this Act, the Deputy Administrator for Naval Reactors shall submit to the Committees on 

Armed Services of the House of Representatives and the Senate 

a report on— 

(A) the planned research and development activities 

on low-enriched uranium and highly enriched uranium fuel 

that could apply to the development of a low-enriched 

uranium fuel or an advanced highly enriched uranium 

fuel; and 

(B) with respect to such activities for each such fuel— 

(i) the costs associated with such activities; and 

(ii) a detailed proposal for funding such activities. 

10 USC 7291 

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SEC. 3116. NATIONAL NUCLEAR SECURITY ADMINISTRATION PAY AND 

PERFORMANCE SYSTEM. 

(a) PAY ADJUSTMENT DEMONSTRATION PROJECT.— (1) EXTENSION.—The Administrator for Nuclear Security 

shall carry out the pay banding and performance-based pay 

adjustment demonstration project of the National Nuclear Security Administration authorized under section 4703 of title 5, 

United States Code, until the date that is 10 years after the 

date of the enactment of this Act. 

(2) MODIFICATIONS.—In carrying out the demonstration 

project described in paragraph (1), the Administrator— 

(A) may, subject to subparagraph (B), revise the 

requirements and limitations of the demonstration project 

to the extent necessary; and 

(B) shall— 

(i) ensure that the demonstration project is carried 

out in a manner consistent with the plan for the demonstration project published in the Federal Register 

on December 21, 2007 (72 Fed. Reg. 72776); 

(ii) ensure that significant changes in the demonstration project not take effect until revisions, as 

necessary and applicable, to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register; 

(iii) ensure that procedural modifications or clarifications to the plan for the demonstration project be 

made through local notification processes; 

(iv) authorize, and establish incentives for, 

employees of the National Nuclear Security Administration to have rotational assignments among different 

programs of the Administration, the headquarters and 

field offices of the Administration, and the management and operating contractors of the Administration; 

and 

(v) establish requirements for employees of the 

Administration who are in the demonstration project 

described in paragraph (1) to be promoted to seniorlevel positions in the Administration, including requirements with respect to— 

(I) professional training and continuing education; and 

(II) a certain number and types of rotational 

assignments under clause (iv), as determined by 

the Administrator. 

(3) APPLICATION TO NAVAL NUCLEAR PROPULSION PROGRAM.—The Director of the Naval Nuclear Propulsion Program 

established pursuant to section 4101 of the Atomic Energy 

Defense Act (50 U.S.C. 2511) and section 3216 of the National 

Nuclear Security Administration Act (50 U.S.C. 2406) may, 

with the concurrence of the Secretary of the Navy, apply the 

demonstration project described in paragraph (1) to— 

(A) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 

of title 5, United States Code); and 

(B) all employees of the Department of Navy who are 

assigned to the Naval Nuclear Propulsion Program and 

50 USC 2441 

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are in the excepted service (as defined in section 2103 

of title 5, United States Code) (other than such employees 

in statutory excepted service systems). 

(b) ROTATIONS FOR CERTAIN CONTRACTORS.— 

(1) INCREASED USE.—The Administrator for Nuclear Security shall increase the use of rotational assignments of 

employees of the management and operating contractors of 

the National Nuclear Security Administration to the headquarters of the Administration, the Department of Defense 

and the military departments, the intelligence community, and 

other departments and agencies of the Federal Government. 

(2) METHODS.—The Administrator shall carry out paragraph (1) by— 

(A) establishing incentives for— 

(i) the management and operating contractors of 

the Administration and the employees of such contractors to participate in rotational assignments; and 

(ii) the departments and agencies of the Federal 

Government specified in such paragraph to facilitate 

such assignments; 

(B) providing professional and leadership development 

opportunities during such assignments; 

(C) using details and other applicable authorities and 

programs, including the mobility program under subchapter VI of chapter 33 of title 5, United States Code 

(commonly referred to as the ‘‘Intergovernmental Personnel 

Act Mobility Program’’); and 

(D) taking such other actions as the Administrator 

determines appropriate to increase the use of such rotational assignments. 

(c) RED-TEAM ANALYSIS.— 

(1) ANALYSIS.—The Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall carry out a red-team analysis of the Federal employee 

staffing structure of the Administration with respect to the 

Administrator for Nuclear Security meeting the authorized personnel levels under section 3241A of the National Nuclear 

Security Administration Act (50 U.S.C. 2441a). 

(2) MATTERS INCLUDED.—The analysis under paragraph 

(1) shall include assessments of— 

(A) the number of Federal employees within each program of the Administration, and whether such numbers 

are appropriately balanced with respect to the size, scope, 

functions, budgets, and risks, of the program; and 

(B) the number of Senior Executive Service positions 

(as defined in section 3132(a) of title 5, United States 

Code) within the Administration, including a comparison 

of such number to other comparable departments and agencies of the Federal Government, and whether such number 

is appropriate. 

(d) BRIEFINGS.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act— 

(A) the Administrator shall provide a briefing to the 

appropriate congressional committees on the implementation of— 


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(i) section 3248 of the National Nuclear Security 

Administration Act, as added by subsection (a); and 

(ii) subsection (b); and 

(B) the Director for Cost Estimating and Program 

Evaluation shall provide to such committees a briefing 

on the analysis under subsection (c). 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; 

(B) the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Energy 

and Natural Resources of the Senate; and 

(C) 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. 3117. BUDGET REQUESTS AND CERTIFICATION REGARDING 

NUCLEAR WEAPONS DISMANTLEMENT. 

Section 3125 of the National Defense Authorization Act for 

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2766) is amended— 

(1) by redesignating subsection (d) as subsection (f); and 

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

‘‘(d) BUDGET REQUESTS.—The Administrator for Nuclear Security shall ensure that the budget of the President submitted to 

Congress under section 1105(a) of title 31, United States Code, 

for each of fiscal years 2019 through 2021 includes amounts for 

the nuclear weapons dismantlement and disposition activities of 

the National Nuclear Security Administration in accordance with 

the limitation in subsection (a). 

‘‘(e) CERTIFICATION.—Not later than February 1, 2018, the 

Administrator shall certify to the congressional defense committees 

that the Administrator is carrying out the nuclear weapons dismantlement and disposition activities of the Administration in 

accordance with the limitations in subsections (a) and (b).’’. 

SEC. 3118. NUCLEAR WARHEAD DESIGN COMPETITION. 

(a) FINDINGS.—Congress finds the following: 

(1) In January 2016, the co-chairs of a congressionally 

mandated study panel from the National Academies of Science 

testified to the following before the Committee on Armed Services of the House of Representatives: 

(A) ‘‘The National Nuclear Security Administration 

(NNSA) complex must engage in robust design competitions 

in order to exercise the design and production skills that 

underpin stockpile stewardship and are necessary to meet 

evolving threats.’’. 

(B) ‘‘To exercise the full set of design skills necessary 

for an effective nuclear deterrent, the NNSA should develop 

and conduct the first in what the committee envisions 

to be a series of design competitions that integrate the 

full end-to-end process from novel design conception 

through engineering, building, and non-nuclear testing of 

a prototype.’’. 

(2) In March 2016 testimony before the Committee on 

Armed Services of the House of Representatives regarding a 

50 USC 2521 

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December 2016 Defense Science Board report entitled, ‘‘Seven 

Defense Priorities for the New Administration’’, members of 

that Board said the following: 

(A) ‘‘A key contributor to nuclear deterrence is the 

continuous, adaptable exercise of the development, design, 

and production functions for nuclear weapons in both the 

DOD and DOE.... Yet the DOE laboratories and DOD contractor community have done little integrated design and 

development work outside of life extension for 25 years, 

let alone concept development that could serve as a hedge 

to surprise.’’. 

(B) ‘‘The Defense Science Board believes that the triad’s 

complementary features remain robust tenets for the design 

of a future force. Replacing our current, aging force is 

essential, but not sufficient in the more complex nuclear 

environment we now face to provide the adaptability or 

flexibility to confidently hold at risk what adversaries 

value. In particular, if the threat evolves in ways that 

favorably change the cost/benefit calculus in the view of 

an adversary’s leadership, then we should be in a position 

to quickly restore a credible deterrence posture.’’. 

(3) In a memorandum dated May 9, 2014, then-Secretary 

of Energy Ernie Moniz said the following: 

(A) ‘‘If nuclear military capabilities are to provide 

deterrence for the nation they need to be relevant to the 

emerging global strategic environment. The current stockpile was designed to meet the needs of a bipolar world 

with roots in the Cold War era. A more complex, chaotic, 

and dynamic security environment is emerging. In order 

to uphold the Department’s mission to ensure an effective 

nuclear deterrent.... we must ensure our nuclear capabilities meet the challenges of known and potential geopolitical 

and technological trends. Therefore we must look ahead, 

using the expertise of our laboratories, to how the capabilities that may be employed by other nations could impact 

deterrence over the next several decades.’’. 

(B) ‘‘We must challenge our thinking about our programs of record in order to permit foresighted actions that 

may reduce, in the coming decades, the chances for surprise 

and that buttress deterrence.’’. 

(b) DESIGN COMPETITION.— 

(1) IN GENERAL.—In accordance with paragraph (2), the 

Administrator for Nuclear Security, in coordination with the 

Chairman of the Nuclear Weapons Council, shall carry out 

a new and comprehensive design competition for a nuclear 

warhead that could be employed on ballistic missiles of the 

United States by 2030. Such competition shall— 

(A) examine options for warhead design and related 

delivery system requirements in the 2030s, including— 

(i) life extension of existing weapons; 

(ii) new capabilities; and 

(iii) such other concepts as the Administrator and 

the Chairman determine necessary to fully exercise 

and create responsive design capabilities in the enterprise and ensure a robust nuclear deterrent into the 

2030s; 


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(B) assess how the capabilities and defenses that may 

be employed by other countries could impact deterrence 

in 2030 and beyond and how such threats could be 

addressed or mitigated in the warhead and related delivery 

systems; 

(C) exercise the full set of design skills necessary for 

an effective nuclear deterrent and responsive enterprise 

through production of conceptual designs and, as the 

Administrator determines appropriate, production of nonnuclear prototypes of components or subsystems; and 

(D) examine and recommend actions for significantly 

shortening timelines and significantly reducing costs associated with design, development, certification, and production 

of the warhead, without reducing worker or public health 

and safety. 

(2) TIMING.—The Administrator shall— 

(A) during fiscal year 2018, develop a plan to carry 

out paragraph (1); and 

(B) during fiscal year 2019, implement such plan. 

(c) BRIEFING.—Not later than March 1, 2018, the Administrator, 

in coordination with the Chairman, shall provide a briefing to 

the congressional defense committees on the plan of the Administrator to carry out the warhead design competition under subsection 

(b). Such briefing shall include an assessment of the costs, benefits, 

risks, and opportunities of such plan, particularly impacts to 

ongoing life extension programs and infrastructure projects. 

SEC. 3119. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR 

PLANT PROJECTS. 

Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 

2741(2)) is amended by striking ‘‘$10,000,000’’ and inserting 

‘‘$20,000,000’’. 

SEC. 3120. EXTENSION OF AUTHORIZATION OF ADVISORY BOARD ON 

TOXIC SUBSTANCES AND WORKER HEALTH. 

Section 3687(i) of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (42 U.S.C. 7385s–16(i)) is 

amended by striking ‘‘5 years’’ and inserting ‘‘10 years’’. 

SEC. 3121. 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 2018 for the National Nuclear Security Administration for 

the MOX facility. 

(b) WAIVER.— 

(1) IN GENERAL.—The Secretary may waive the requirement 

under subsection (a) to carry out construction and project support activities relating to the MOX facility if the Secretary 

submits to the congressional defense committees— 

(A) the commitment of the Secretary to remove plutonium intended to be disposed of in the MOX facility from 

South Carolina and ensure a sustainable future for the 

Savannah River Site; 

(B) a certification that— 


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(i) an alternative option for carrying out the plutonium disposition program for the same amount of 

plutonium as the amount of plutonium intended to 

be disposed of in the MOX facility exists, meeting 

the requirements of the Business Operating Procedure 

of the National Nuclear Security Administration entitled ‘‘Analysis of Alternatives’’ and dated March 14, 

2016 (BOP–03.07); and 

(ii) the remaining lifecycle cost, determined in a 

manner comparable to the cost estimating and assessment best practices of the Government Accountability 

Office, as found in the document of the Government 

Accountability Office entitled ‘‘GAO Cost Estimating 

and Assessment Guide’’ (GAO–09–3SP), for the alternative option would be less than approximately half 

of the estimated remaining lifecycle cost of the mixedoxide fuel program; and 

(C) the details of any statutory or regulatory changes 

necessary to complete the alternative option. 

(2) ESTIMATES.—The Secretary shall ensure that the estimates used by the Secretary for purposes of the certification 

under paragraph (1)(B) are of comparable accuracy. 

(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. 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 

2018 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 arising 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). 


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(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 

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. 

Subtitle C—Plans and Reports 

SEC. 3131. ANNUAL SELECTED ACQUISITION REPORTS ON CERTAIN 

HARDWARE RELATING TO DEFENSE NUCLEAR NONPROLIFERATION. 

(a) IN GENERAL.—Title XLIII of the Atomic Energy Defense 

Act (50 U.S.C. 2563 et seq.), as amended by section 3114, is further 

amended by adding at the end the following new section: 

‘‘SEC. 4311. ANNUAL SELECTED ACQUISITION REPORTS ON CERTAIN 

HARDWARE RELATING TO DEFENSE NUCLEAR NONPROLIFERATION. 

‘‘(a) ANNUAL SELECTED ACQUISITION REPORTS.— 

‘‘(1) IN GENERAL.—At the end of each fiscal year, the 

Administrator shall submit to the congressional defense 

committees a report on each covered hardware project. The 

reports shall be known as Selected Acquisition Reports for 

the covered hardware project concerned. 

‘‘(2) MATTERS INCLUDED.—The information contained in the 

Selected Acquisition Report for a fiscal year for a covered hardware project shall be the information contained in the Selected 

Acquisition Report for such fiscal year for a major defense 

acquisition program under section 2432 of title 10, United 

States Code, expressed in terms of the covered hardware 

project. 

‘‘(b) COVERED HARDWARE PROJECT DEFINED.—In this section, 

the term ‘covered hardware project’ means a project carried out 

under the defense nuclear nonproliferation research and development program that— 

‘‘(1) is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and 

‘‘(2) exceeds $500,000,000 in total program cost over the 

course of five years.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

50 USC 2577. 


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relating to section 4310, as added by section 3114, the following 

new item: 

‘‘Sec. 4311. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation.’’. 

SEC. 3132. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF NATIONAL 

NUCLEAR SECURITY ADMINISTRATION. 

(a) IN GENERAL.—Subtitle A of title XLVII of the Atomic Energy 

Defense Act (50 U.S.C. 2741 et seq.), as amended by section 3111(d), 

is further amended by adding at the end the following new section: 

‘‘SEC. 4716. UNFUNDED PRIORITIES OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

‘‘(a) ANNUAL REPORT.—Not later than 10 days after the date 

on which the budget of the President for a fiscal year is submitted 

to Congress pursuant to section 1105(a) of title 31, United States 

Code, the Administrator shall submit to the Secretary of Energy 

and the congressional defense committees a report on the unfunded 

priorities of the Administration. 

‘‘(b) ELEMENTS.— 

‘‘(1) IN GENERAL.—Each report required by subsection (a) 

shall specify, for each unfunded priority covered by the report, 

the following: 

‘‘(A) A summary description of that priority, including 

the objectives to be achieved if that priority is funded 

(whether in whole or in part). 

‘‘(B) The additional amount of funds recommended in 

connection with the objectives under subparagraph (A). 

‘‘(C) Account information with respect to that priority. 

‘‘(2) PRIORITIZATION OF PRIORITIES.—Each report required 

by subsection (a) shall present the unfunded priorities covered 

by the report in order of urgency of priority. 

‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, the term 

‘unfunded priority’, in the case of a fiscal year, means a program, 

activity, or mission requirement that— 

‘‘(1) is not funded in the budget of the President for that 

fiscal year as submitted to Congress pursuant to section 1105(a) 

of title 31, United States Code; 

‘‘(2) is necessary to fulfill a requirement associated with 

the mission of the Administration; and 

‘‘(3) would have been recommended for funding through 

the budget referred to in paragraph (1) by the Administrator— 

‘‘(A) if additional resources were available for the 

budget to fund the program, activity, or mission requirement; or 

‘‘(B) in the case of a program, activity, or mission 

requirement that emerged after the budget was formulated, 

if the program, activity, or mission requirement had 

emerged before the budget was formulated.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by inserting after the item 

relating to section 4715, as added by section 3111(d), the following 

new item: 

‘‘Sec. 4716. Unfunded priorities of the National Nuclear Security Administration.’’. 

50 USC 2756. 


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131 STAT. 1896 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 3133. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS. 

(a) STATUS OF NUCLEAR MATERIALS PROTECTION, CONTROL, AND

ACCOUNTING PROGRAM.— (1) REPEAL.—Section 4303 of the Atomic Energy Defense 

Act (50 U.S.C. 2563) is repealed. 

(2) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by striking the item 

relating to section 4303. 

(b) STATUS OF SECURITY OF ATOMIC ENERGY DEFENSE FACILI- TIES.—Section 4506 of the Atomic Energy Defense Act (50 U.S.C. 

2657) is amended by striking ‘‘of each year’’ each place it appears 

and inserting ‘‘of each even-numbered year’’. 

(c) SECURITY RISKS POSED TO NUCLEAR WEAPONS COMPLEX.— (1) INCLUDED IN STOCKPILE STEWARDSHIP AND MANAGEMENT

PLAN.—Section 4203 of the Atomic Energy Defense Act (50 

U.S.C. 2523) is amended— 

(A) in subsection (c)— 

(i) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and 

(ii) by inserting after paragraph (5) the following 

new paragraph: 

‘‘(6) A summary of the plan regarding the research and 

development, deployment, and lifecycle sustainment of technologies described in subsection (d)(7).’’; and 

(B) in subsection (d)— 

(i) by redesignating paragraph (7) as paragraph 

(8); and 

(ii) by inserting after paragraph (6) the following 

new paragraph (7): 

‘‘(7) A plan for the research and development, deployment, 

and lifecycle sustainment of the technologies employed within 

the nuclear security enterprise to address physical and cyber 

security threats during the five fiscal years following the date 

of the report, together with— 

‘‘(A) for each site in the nuclear security enterprise, 

a description of the technologies deployed to address the 

physical and cybersecurity threats posed to that site; 

‘‘(B) for each site and for the nuclear security enterprise, the methods used by the Administration to establish 

priorities among investments in physical and cybersecurity 

technologies; and 

‘‘(C) a detailed description of how the funds identified 

for each program element specified pursuant to paragraph 

(1) in the budget for the Administration for each fiscal 

year during that five-fiscal-year period will help carry out 

that plan.’’. 

(2) CONFORMING AMENDMENT.—Section 3253(b) of the 

National Nuclear Security Administration Act (50 U.S.C. 2453) 

is amended by striking paragraph (5). 

(d) MODIFICATION OF SUBMISSION OF SELECTED ACQUISITION

REPORTS.—Section 4217(a) of the Atomic Energy Defense Act (50 

U.S.C. 2537(a)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘each fiscal-year quarter’’ and inserting 

‘‘the first quarter of each fiscal year’’; 

(B) by striking ‘‘or a major’’ and inserting ‘‘and each 

major’’; and 


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(C) by inserting ‘‘during the preceding fiscal year’’ after 

‘‘4713(a)(2))’’; and 

(2) in paragraph (2)— 

(A) by striking ‘‘a fiscal-year quarter’’ and inserting 

‘‘a fiscal year’’; and 

(B) by striking ‘‘such fiscal-year quarter’’ and inserting 

‘‘each fiscal-year quarter in that fiscal year’’. 

(e) LONG-TERM PLAN FOR MEETING NATIONAL SECURITY

REQUIREMENTS FOR UNENCUMBERED URANIUM.—Section 4221(a) of 

the Atomic Energy Defense Act (50 U.S.C. 2538c(a)) is amended 

by striking ‘‘Concurrent with’’ and all that follows through ‘‘2026’’ 

and inserting ‘‘Not later than December 31 of each even-numbered 

year through 2026’’. 

(f) DEFENSE NUCLEAR NONPROLIFERATION MANAGEMENT

PLAN.— 

(1) MODIFICATION OF SUBMISSION.—Section 4309 of the 

Atomic Energy Defense Act (50 U.S.C. 2575) is amended— 

(A) by striking subsection (c); 

(B) by redesignating subsection (b) as subsection (c); 

and 

(C) by striking subsection (a) and inserting the following new subsections: 

‘‘(a) PLAN REQUIRED.—The Administrator shall develop and 

annually update a five-year management plan for activities associated with the defense nuclear nonproliferation programs of the 

Administration to prevent and counter the proliferation of materials, 

technology, equipment, and expertise related to nuclear and radiological weapons in order to minimize and address the risk of nuclear 

terrorism and the proliferation of such weapons. 

‘‘(b) SUBMISSION TO CONGRESS.—(1) Not later than March 15 

of each even-numbered year, the Administrator shall submit to 

the congressional defense committees a summary of the plan developed under subsection (a). 

‘‘(2) Not later than March 15 of each odd-numbered year, the 

Administrator shall submit to the congressional defense committees 

a detailed report on the plan developed under subsection (a). 

‘‘(3) Each summary submitted under paragraph (1) and each 

report submitted under paragraph (2) shall be submitted in 

unclassified form, but may include a classified annex if necessary.’’. 

(2) ELIMINATION OF IDENTIFICATION OF FUTURE INTERNATIONAL CONTRIBUTIONS.—Subsection (c) of such section, as 

redesignated by paragraph (1)(B), is further amended— 

(A) by striking paragraph (14); and 

(B) by redesignating paragraphs (15) and (16) as paragraphs (14) and (15), respectively. 

(3) CONFORMING AMENDMENTS.—Subsection (c) of such section, as redesignated by paragraph (1)(B) and amended by 

paragraph (2), is further amended— 

(A) in paragraph (2), by striking ‘‘the plan required 

by subsection (a)’’ and inserting ‘‘the summary required 

by paragraph (1) of subsection (b) or the report required 

by paragraph (2) of that subsection, as the case may be’’; 

(B) in paragraph (6), by striking ‘‘the plan required 

by subsection (a)’’ and inserting ‘‘the summary required 

by paragraph (1) of subsection (b) or the report required 

by paragraph (2) of that subsection, as the case may be’’; 


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(C) in paragraph (7), by striking ‘‘the plan required 

by subsection (a)’’ and inserting ‘‘the summary required 

by paragraph (1) of subsection (b) or the report required 

by paragraph (2) of that subsection, as the case may be,’’; 

(D) in paragraph (9), by striking ‘‘the plan required 

by subsection (a)’’ and inserting ‘‘the summary required 

by paragraph (1) of subsection (b) or the report required 

by paragraph (2) of that subsection, as the case may be,’’; 

and 

(E) in paragraph (10), by striking ‘‘the plan required 

by subsection (a)’’ and inserting ‘‘the summary required 

by paragraph (1) of subsection (b) or the report required 

by paragraph (2) of that subsection, as the case may be,’’. 

SEC. 3134. MODIFICATION TO STOCKPILE STEWARDSHIP, MANAGEMENT, AND RESPONSIVENESS PLAN. 

Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 

2523), as amended by section 3133(c), is further amended— 

(1) in subsection (c)— 

(A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and 

(B) by inserting after paragraph (6) the following new 

paragraph (7): 

‘‘(7) A summary of the assessment under subsection (d)(8) 

regarding the execution of programs with current and projected 

budgets and any associated risks.’’; and 

(2) in subsection (d)— 

(A) by redesignating paragraph (8) as paragraph (9); 

and 

(B) by inserting after paragraph (7) the following new 

paragraph (8): 

‘‘(8) An assessment of whether the programs described 

by the report can be executed with current and projected 

budgets and any associated risks.’’. 

SEC. 3135. ASSESSMENT AND DEVELOPMENT OF PROTOTYPE NUCLEAR 

WEAPONS OF FOREIGN COUNTRIES. 

(a) STOCKPILE STEWARDSHIP, MANAGEMENT, AND RESPONSIVE- NESS PLAN.—Section 4203(d)(1) of the Atomic Energy Defense Act 

(50 U.S.C. 2523(d)(1)) is amended— 

(1) in subparagraph (M), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in subparagraph (N), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(O) as required, when assessing and developing prototype nuclear weapons of foreign countries, a report from 

the directors of the national security laboratories on the 

need and plan for such assessment and development that 

includes separate comments on the plan from the Secretary 

of Energy and the Director of National Intelligence.’’. 

(b) STOCKPILE RESPONSIVENESS PROGRAM.—Section 4220(c) of 

the Atomic Energy Defense Act (50 U.S.C. 2538b(c)) is amended 

by adding at the end the following: 

‘‘(6) The retention of the ability, in consultation with the 

Director of National Intelligence, to assess and develop prototype nuclear weapons of foreign countries and, if necessary, 

to conduct no-yield testing of those prototypes.’’. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1899 

(c) CONFORMING REPEAL.— 

(1) IN GENERAL.—Section 4509 of the Atomic Energy 

Defense Act (50 U.S.C. 2660) is repealed. 

(2) CLERICAL AMENDMENT.—The table of contents for the 

Atomic Energy Defense Act is amended by striking the items 

relating to sections 4508 and 4509. 

SEC. 3136. PLAN FOR VERIFICATION, DETECTION, AND MONITORING 

OF NUCLEAR WEAPONS AND FISSILE MATERIAL. 

(a) FINDINGS AND SENSE OF CONGRESS.— 

(1) FINDINGS.—Congress finds the following: 

(A) A January 2014 Defense Science Board report found 

that ‘‘The nuclear future will not be a linear extrapolation 

of the past... [and] [t]he technologies and processes designed 

for current treaty verification and inspections are inadequate to future monitoring realities.’’. 

(B) Section 3133 of the Carl Levin and Howard P. 

‘‘Buck’’ McKeon National Defense Authorization Act for 

Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3896) 

required an interagency plan for monitoring of nuclear 

weapons and fissile material, and section 3132 of the 

National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328; 130 Stat. 2768) required an update 

of such plan. In both instances, the reports submitted failed 

to answer the congressional requirements, and instead provided only a brief summary of the National Security Council 

structure and processes. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

verification, detection, and monitoring of nuclear weapons and 

fissile material should be a priority for national security, and 

that the reports submitted to date do not reflect this priority, 

or the current and planned initiatives related to nuclear 

verification and detection. 

(b) PLAN.—The President, in consultation with the Secretary 

of State, the Secretary of Defense, the Secretary of Energy, the 

Secretary of Homeland Security, and the Director of National Intelligence, shall develop a plan for verification and monitoring relating 

to the potential proliferation of nuclear weapons, components of 

such weapons, and fissile material. 

(c) ELEMENTS.—The plan developed under subsection (b) shall 

include the following: 

(1) A plan and road map for verification, detection, and 

monitoring, with respect to policy, operations, and research, 

development, testing, and evaluation, including— 

(A) identifying requirements for such verification, 

detection, and monitoring; 

(B) costs and funding requirements over 10 years for 

such verification, detection, and monitoring; and 

(C) identifying and integrating roles, responsibilities, 

and planning for such verification, detection, and monitoring. 

(2) A detailed international engagement plan for building 

cooperation and transparency, including bilateral and multilateral efforts, to improve inspections, detection, and monitoring. 

(3) A detailed description of— 


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(A) current and planned research and development 

efforts to improve monitoring, detection, and in-field inspection and analysis capabilities, including persistent surveillance, remote monitoring, and rapid analysis of large data 

sets, including open-source data; and 

(B) measures to coordinate technical and operational 

requirements early in the process. 

(4) Engagement of relevant departments and agencies of 

the Federal Government and the military departments 

(including the Open Source Center and the United States 

Atomic Energy Detection System), national laboratories, 

industry, and academia. 

(d) DESIGNATION OF DOE.—The President shall designate the 

Department of Energy as the lead agency for development of the 

plan under subsection (b). 

(e) BRIEFING.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Energy, acting through 

the Administrator for Nuclear Security, shall provide to the appropriate congressional committees an interim briefing on the plan 

under subsection (b). 

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

by this Act or otherwise made available for fiscal year 2018 for 

the Department of Defense for supporting the Executive Office 

of the President, $10,000,000 may not be obligated or expended 

until the date on which the President submits to the appropriate 

congressional committees the plan under subsection (g)(1). 

(g) SUBMISSION.— 

(1) DEADLINE.—Not later than April 15, 2018, the President 

shall submit to the appropriate congressional committees the 

plan developed under subsection (b). 

(2) FORM.—The plan under subsection (b) shall be submitted in unclassified form, but, consistent with the protection 

of intelligence sources and methods, may include a classified 

annex. 

(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional defense committees. 

(2) The Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of the 

House of Representatives. 

(3) The Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives. 

(4) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland 

Security of the House of Representatives. 

(5) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. 

SEC. 3137. REVIEW OF UNITED STATES NUCLEAR AND RADIOLOGICAL 

TERRORISM PREVENTION STRATEGY. 

(a) IN GENERAL.—The Secretary of Energy, acting through the 

Administrator for Nuclear Security, shall enter into an arrangement 

with the private scientific advisory group known as JASON to 

assess and recommend improvements to the strategies of the United 


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States for preventing, countering, and responding to nuclear and 

radiological terrorism, specifically terrorism involving the use of 

nuclear weapons, improvised nuclear devices, or radiological dispersal or exposure devices, or the sabotage of nuclear facilities. 

(b) REVIEW.—The assessment conducted under subsection (a) 

shall address the adequacy of the strategies of the United States 

described in that subsection and identify technical, policy, and 

resource gaps with respect to— 

(1) identifying national and international nuclear and 

radiological terrorism risks and critical emerging threats; 

(2) preventing state-sponsored actors and non-state actors 

from acquiring the technologies, materials, and critical expertise needed to mount nuclear or radiological attacks, including 

dual-use technologies, materials, and expertise; 

(3) countering efforts by state-sponsored actors and nonstate actors to mount such attacks; 

(4) responding to nuclear and radiological terrorism 

incidents to attribute their origin and help manage their consequences; and 

(5) other important matters identified by JASON that are 

directly relevant to those strategies. 

(c) RECOMMENDATIONS.—The assessment conducted under subsection (a) shall include recommendations to the Secretary of 

Energy, Congress, and such other Federal entities as JASON considers appropriate, for preventing, countering, and responding to 

nuclear and radiological terrorism, including recommendations for— 

(1) closing technical, policy, or resource gaps; 

(2) improving cooperation and appropriate integration 

among Federal entities and Federal, State, and tribal governments; 

(3) improving cooperation between the United States and 

other countries and international organizations; and 

(4) other important matters identified by JASON that are 

directly relevant to the strategies of the United States described 

in subsection (a). 

(d) LIAISONS.—The Secretary of Energy, the Secretary of 

Defense, the Secretary of Homeland Security, the Secretary of State, 

and the Director of National Intelligence shall appoint appropriate 

liaisons to JASON with respect to supporting the timely conduct 

of the assessment required by subsection (a). 

(e) MATERIALS.—The Secretary of Energy, the Secretary of 

Defense, the Secretary of Homeland Security, the Secretary of State, 

and the Director of National Intelligence shall provide access to 

JASON to materials relevant to the assessment required by subsection (a), consistent with the protection of sources and methods 

and other critically sensitive information. 

(f) CLEARANCES.—The Secretary of Energy and the Director 

of National Intelligence shall ensure that appropriate members 

and staff of JASON have the necessary clearances, obtained in 

an expedited manner, to conduct the assessment required by subsection (a). 

SEC. 3138. ASSESSMENT OF MANAGEMENT AND OPERATING CONTRACTS OF NATIONAL SECURITY LABORATORIES. 

(a) ASSESSMENT.—Not later than 30 days after the date of 

the enactment of this Act, 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 benefits, 

costs, challenges, risks, efficiency, and effectiveness of the strategy 

of the Administrator with respect to management and operating 

contracts for national security laboratories. The Administrator may 

not award such contract to a federally funded research and development center for which the Department of Energy or the National 

Nuclear Security Administration is the primary sponsor. 

(b) COOPERATION.—The Administrator, and the director of each 

national security laboratory, shall provide to the federally funded 

research and development center conducting the assessment under 

subsection (a) the information the center requires to conduct such 

assessment. 

(c) SUBMISSION.— (1) NNSA.—Not later than 90 days after the date on which 

the Administrator and a federally funded research and development center enter into the contract under subsection (a), the 

center shall submit to the Administrator a report on the assessment conducted under such subsection. Such report shall 

include the following: 

(A) An assessment of the acquisition strategy and the 

contract oversight process of the Administrator, and of 

the use of for-profit management and operating contractors 

at national security laboratories, and whether such 

strategy, process, and contractors provide the best outcomes 

to the Federal Government with respect to performance, 

cost, efficiency, and effectiveness. 

(B) An assessment of the total costs, for each national 

security laboratory, that are incurred because of using a 

for-profit model for the management and operating contract 

that would not be incurred under a nonprofit model, and 

whether performance, costs, efficiency, and effectiveness 

would be expected to increase or decrease under a nonprofit 

model. 

(C) An assessment of whether the Administrator is 

appropriately using, managing, and overseeing the national 

security laboratories with respect to the nature of the laboratories as federally funded research and development 

centers. 

(2) CONGRESS.—Not later than 30 days after the date on 

which the Administrator receives the report under paragraph 

(1), the Administrator shall submit to the congressional defense 

committees such report, without change, together with any 

comments the Administrator determines appropriate. 

(3) LIMITATION.— 

(A) AWARD OR EXTENSION OF CONTRACT.—None of the 

funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the National 

Nuclear Security Administration may be obligated or 

expended to issue a final award, or issue a decision to 

extend, a management and operating contract for a national 

security laboratory until the date on which the Administrator submits to the congressional defense committees the 

report under paragraph (2). 

(B) WAIVER FOR EXTENSION.—The Secretary of Energy 

may waive the limitation in subparagraph (A) with respect 

to the extension of a management and operating contract 

for a national security laboratory if the Secretary— 


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(i) determines such waiver is required in the 

interest of national security; and 

(ii) notifies the Committees on Armed Services 

of the House of Representatives and the Senate of 

such determination. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that 

nothing in this section should be construed to mandate or encourage 

an extension of an existing management and operating contract 

for a national security laboratory. 

(e) NATIONAL SECURITY LABORATORY DEFINED.—In this section, 

the term ‘‘national security laboratory’’ has the meaning given 

that term in section 4002(7) of the Atomic Energy Defense Act 

(50 U.S.C. 2501(7)). 

SEC. 3139. EVALUATION OF CLASSIFICATION OF CERTAIN DEFENSE 

NUCLEAR WASTE. 

(a) EVALUATION.—The Secretary of Energy shall conduct an 

evaluation of the feasibility, costs, and cost savings of classifying 

covered defense nuclear waste as other than high-level radioactive 

waste, without decreasing environmental, health, or public safety 

requirements. 

(b) MATTERS INCLUDED.—In conducting the evaluation under 

subsection (a), the Secretary shall consider— 

(1) the estimated quantities and locations of covered 

defense nuclear waste; 

(2) the potential disposal paths for such waste; 

(3) the estimated disposal timeline for such waste; 

(4) the estimated costs for disposal of such waste, and 

potential cost savings; 

(5) the potential effect on existing consent orders, permits, 

and agreements; 

(6) the basis by which the Secretary would make a decision 

on reclassification of such waste; and 

(7) any such other matters relating to defense nuclear 

waste or other reprocessing waste that the Secretary determines appropriate. 

(c) REPORT.—Not later than February 1, 2018, the Secretary 

shall submit to the appropriate congressional committees a report 

on the evaluation under subsection (a), including a description 

of— 

(1) the consideration by the Secretary of the matters under 

subsection (b); 

(2) any actions the Secretary has taken or plans to take 

to change the processes, rules, regulations, orders, or directives, 

relating to defense nuclear waste, as appropriate; 

(3) any recommendations for legislative action the Secretary determines appropriate; and 

(4) the assessment of the Secretary regarding the benefits 

and risks of the actions and recommendations of the Secretary 

under paragraphs (1) and (2). 

(d) DIFFERENTIATION OF WASTE.—In conducting the evaluation 

under subsection (a) and preparing the report required by subsection (c), the Secretary shall distinguish between covered nuclear 

waste described in subparagraph (A) of subsection (e)(2) and covered 

nuclear waste described in subparagraph (B) of that subsection. 

(e) DEFINITIONS.—In this section: 


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131 STAT. 1904 PUBLIC LAW 115–91—DEC. 12, 2017 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the following: 

(A) The congressional defense committees. 

(B) The Committee on Energy and Commerce of the 

House of Representatives. 

(C) The Committee on Energy and Natural Resources 

of the Senate. 

(2) COVERED DEFENSE NUCLEAR WASTE.—The term ‘‘covered 

defense nuclear waste’’ means radioactive waste that resulted 

from the reprocessing of spent nuclear fuel that was generated 

from atomic energy defense activities and that— 

(A) contains more than 100 nCi/g of alpha-emitting 

transuranic isotopes with half-lives greater than 20 years; 

or 

(B) may be classified, managed, treated, and disposed 

of, regardless of origin or previous classification, as other 

than high-level radioactive waste. 

SEC. 3140. IMPROVED REPORTING FOR ANTI-SMUGGLING RADIATION 

DETECTION SYSTEMS. 

(a) ANNUAL REPORT.—Together with the submission to Congress of the budget of the President under section 1105(a) of title 

31, United States Code, for each of fiscal years 2019 through 2021, 

the Administrator for Nuclear Security shall submit to the congressional defense committees a report regarding any anti-smuggling 

radiation detection systems that the Administrator proposes to 

deploy during the fiscal year covered by the budget. 

(b) MATTERS INCLUDED.—Each report under subsection (a) shall 

include the following: 

(1) The probability of detection for the anti-smuggling radiation detection systems covered by the report against realistic 

potential smuggling threats, including shielded and unshielded 

uranium, plutonium, and other special nuclear material. 

(2) The costs associated with the deployments of such systems, including costs to the United States and costs to any 

host country. 

(3) Options for technological advances that would make 

radiation detection less expensive or more effective. 

(4) The benefits to the national security of the United 

States resulting from the deployments of such systems. 

SEC. 3141. PLUTONIUM CAPABILITIES. 

(a) REPORT.—Not later than 30 days after the date of the 

enactment of this Act, the Administrator for Nuclear Security shall 

submit to the congressional defense committees and the Secretary 

of Defense a report on the recommended alternative endorsed by 

the Administrator for recapitalization of plutonium science and 

production capabilities of the nuclear security enterprise. The report 

shall identify the recommended alternative endorsed by the 

Administrator and contain the analysis of alternatives, including 

costs, upon which the Administrator relied in making such endorsement. 

(b) CERTIFICATION.—Not later than 60 days after the date on 

which the Secretary of Defense receives the report required by 

subsection (a), the Chairman of the Nuclear Weapons Council shall 

submit to the congressional defense committees the written certification of the Chairman regarding whether— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1905 

(1) the recommended alternative described in subsection 

(a)— 

(A) is acceptable to the Secretary of Defense and the 

Nuclear Weapons Council and meets the requirements of 

the Secretary for plutonium pit production capacity and 

capability; 

(B) is likely to meet the pit production timelines and 

milestones required by section 4219 of the Atomic Energy 

Defense Act (50 U.S.C. 2538a); 

(C) is likely to meet pit production timelines and 

requirements responsive to military requirements; 

(D) is cost effective and has reasonable near-term and 

lifecycle costs that are minimized, to the extent practicable, 

as compared to other alternatives; 

(E) contains minimized and manageable risks as compared to other alternatives; and 

(F) can be acceptably reconciled with any differences 

in the conclusions made by the Office of Cost Assessment 

and Program Evaluation of the Department of Defense 

in the business case analysis of plutonium pit production 

capability issued in 2013; and 

(2) the Administrator has— 

(A) documented the assumptions and constraints used 

in the analysis of alternatives described in subsection (a); 

and 

(B) tested and documented the sensitivity of the cost 

estimates for each alternative to risks and changes in key 

assumptions. 

(c) ASSESSMENT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Director for Cost Estimating 

and Program Evaluation of the National Nuclear Security 

Administration shall provide to the congressional defense 

committees a briefing containing the assessment of the Director 

of the analysis of alternatives described in subsection (a). 

(2) ELEMENTS.—The briefing required by paragraph (1) 

shall include— 

(A) descriptions of the scope, risks, and costs for alternatives not considered in the analysis of alternatives that 

the Director deems viable; and 

(B) any views of the Administrator regarding such 

alternatives. 

(d) EFFECT OF FAILURE TO IDENTIFY RECOMMENDED ALTERNATIVE.—The Administrator shall carry out the modular building 

strategy (as defined in section 3114(c)(3) of the National Defense 

Authorization Act for Fiscal Year 2013 (50 U.S.C. 2535 note)) at 

Los Alamos National Laboratory, Los Alamos, New Mexico, if, by 

the date that is 150 days after the date of the enactment of this 

Act— 

(1) the Administrator has not identified, in the report 

required by subsection (a), the recommended alternative proposed by the Administrator for recapitalization of plutonium 

science and production capabilities of the nuclear security enterprise; or 

(2) the Chairman of the Nuclear Weapons Council has 

not certified under subsection (b) that the recommended alternative proposed by the Administrator meets the criteria 


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131 STAT. 1906 PUBLIC LAW 115–91—DEC. 12, 2017 

described in subparagraphs (A) through (F) of paragraph (1) 

of that subsection. 

(e) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this section, 

the term ‘‘nuclear security enterprise’’ has the meaning given that 

term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 

2501). 

SEC. 3142. REPORT ON CRITICAL DECISION 1 ON MATERIAL STAGING 

FACILITY PROJECT. 

Not later than 30 days after the date of the enactment of 

this Act, the Administrator for Nuclear Security shall submit to 

the congressional defense committees a report containing the following: 

(1) The decision memorandum of the Administrator with 

respect to critical decision 1 in the acquisition process for 

the Material Staging Facility project at the Pantex Plant, Amarillo, Texas. 

(2) The preferred alternative approved by the Administrator for such critical decision 1. 

(3) The cost-range estimates for such critical decision 1, 

including a description of the costs saved or avoided from 

not carrying out recapitalization and sustainment of Area 4 

at the Pantex Plant. 

(4) The schedule-range estimates for such critical decision 

1 that include completion of the Material Staging Facility by 

2024. 

(5) The risk factors and risk mitigation and management 

options relating to the Material Staging Facility. 

(6) The expected improvements to operations and security 

provided by the Material Staging Facility, once operational, 

including the potential annual cost savings. 

(7) Such other matters as the Administrator considers 

appropriate. 

SEC. 3143. PLAN TO FURTHER MINIMIZE THE USE OF HIGHLY 

ENRICHED URANIUM FOR MEDICAL ISOTOPES. 

(a) PLAN.—The Secretary of Energy, in consultation with the 

Secretary of State, shall develop and assess a plan, including with 

respect to the benefits, risks, costs, and opportunities of the plan, 

to— 

(1) take additional actions to promote the wider utilization 

of molybdenum-99 and technetium-99m produced without the 

use of highly enriched uranium targets, such as, at a minimum, 

by— 

(A) eliminating the availability of highly enriched uranium for molybdenum-99 by buying back United Statesorigin highly enriched uranium in raw or target form from 

global molybdenum-99 suppliers; and 

(B) restricting or placing financial penalties on the 

import of molybdenum-99 produced with highly enriched 

uranium targets; 

(2) work with global molybdenum suppliers and regulators 

to reduce the proliferation hazard from reprocessing waste from 

medical isotope production containing United States-origin 

highly enriched uranium; and 

(3) ensure an adequate supply of molybdenum-99 and technetium-99 at all times, and both assess and mitigate any risks 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1907 

to such supply during a transition to production without the 

use of highly enriched uranium. 

(b) SUBMISSION.— 

(1) IN GENERAL.—Not later than April 1, 2018, the Secretary of Energy shall submit to the appropriate congressional 

committees a report containing the plan and assessment under 

subsection (a). 

(2) FORM.—The report under 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; 

(B) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and 

(C) the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate. 

Subtitle D—Other Matters 

SEC. 3151. 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 145,775 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 $16,400,000,000 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). 


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131 STAT. 1908 PUBLIC LAW 115–91—DEC. 12, 2017 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

(a) AUTHORIZATION.—There are authorized to be appropriated for fiscal year 2018, $30,600,000 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.). 

(b) CERTIFICATION.—Not later than 10 days after the date on 

which the budget of the President for fiscal year 2019 or any 

fiscal year thereafter is submitted to Congress pursuant to section 

1105(a) of title 31, United States Code, the Defense Nuclear Facilities Safety Board shall submit to the congressional defense committees a letter certifying that the requested budget is sufficient to 

carry out the mission of the Defense Nuclear Facilities Safety 

Board during the fiscal year covered by the budget request. 

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 $4,900,000 for fiscal year 2018 for 

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 

Sec. 3501. Authorization of the Maritime Administration. 

Sec. 3502. Merchant Ship Sales Act of 1946. 

Sec. 3503. Maritime Security Fleet Program; restriction on operation for new entrants. 

Sec. 3504. Codification of sections relating to acquisition, charter, and requisition 

of vessels. 

Sec. 3505. Assistance for small shipyards. 

Sec. 3506. Report on sexual assault victim recovery in the Coast Guard. 

Sec. 3507. Centers of excellence. 

Sec. 3508. Foreign spill protection. 

Sec. 3509. Removal of adjunct professor limit at United States Merchant Marine 

Academy. Sec. 3510. Acceptance of guarantees in conjunction with partial donations for major 

projects of the United States Merchant Marine Academy. Sec. 3511. Authority to pay conveyance or transfer expenses in connection with acceptance of a gift to the United States Merchant Marine Academy. Sec. 3512. Authority to participate in Federal, State or other research grants. 

Sec. 3513. Provision of satellite communication devices during Sea Year program. 

Sec. 3514. Actions to address sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Merchant Marine Academy. Sec. 3515. Sexual assault prevention and response staff for the United States Merchant Marine Academy. Sec. 3516. Protection of cadets at the United States Merchant Marine Academy 

from sexual assault onboard commercial vessels. 

Sec. 3517. Training requirement for sexual assault investigators. 

42 USC 2286e 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1909 

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. 

(a) IN GENERAL.—There are authorized to be appropriated to 

the Department of Transportation for fiscal year 2018, 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, $87,000,000, of which— (A) $69,000,000 shall be for Academy operations 

including— 

(i) the implementation of section 3514(b) of the 

National Defense Authorization Act for Fiscal Year 

2017, as added by section 3513; and 

(ii) staffing, training, and other actions necessary 

to prevent and respond to sexual harassment and 

sexual assault; and 

(B) $18,000,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime academies, $29,550,000, of which— 

(A) $2,400,000 shall remain available until September 

30, 2019, for the Student Incentive Program; 

(B) $3,000,000 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; 

(D) $1,800,000 shall remain available until expended 

for training ship fuel assistance; and 

(E) $350,000 shall remain available until expended 

for expenses to improve the monitoring of the service obligations of graduates. 

(3) For expenses necessary to support the National Security 

Multi-Mission Vessel Program, $50,000,000, which shall remain 

available until expended. 

(4) For expenses necessary to support Maritime Administration operations and programs, $60,020,000. 

(5) For expenses necessary to dispose of vessels in the 

National Defense Reserve Fleet, $9,000,000, 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. 

(b) ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME COMMUNITIES.—Section 54101(i) of title 46, United States Code, is amended 

by striking ‘‘2015’’ and all that follows before the period and 


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131 STAT. 1910 PUBLIC LAW 115–91—DEC. 12, 2017 

inserting ‘‘2018, 2019, and 2020 to carry out this section 

$35,000,000’’. 

SEC. 3502. MERCHANT SHIP SALES ACT OF 1946. 

(a) AMENDMENTS.—The Merchant Ship Sales Act of 1946 (50 

U.S.C. 4401 et seq.) is amended by— 

(1) repealing the first section and sections 2, 3, 5, 12, 

and 14; 

(2) in section 8, redesignating subsection (d) as section 

56308 of title 46, United States Code, and transferring it to 

appear after section 56307 of such title; and 

(3) redesignating section 11 as section 57100 of title 46, 

United States Code, and transferring it to appear before section 

57101 of such title. 

(b) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) Section 2218 of title 10, United States Code, is amended 

by striking ‘‘section 11 of the Merchant Ship Sales Act of 

1946 (50 U.S.C. App. 1744)’’ each place it appears and inserting 

‘‘section 57100 of title 46’’. 

(2) Section 3134 of title 40, United States Code, is 

amended— 

(A) by striking ‘‘31,’’ and inserting ‘‘31 or’’; and 

(B) by striking ‘‘or the Merchant Ship Sales Act of 

1946 (50 App. U.S.C. 1735 et seq.),’’. 

(3) Section 3703a(b)(6) of title 46, United States Code, 

is amended by striking ‘‘section 11 of the Merchant Ship Sales 

Act of 1946 (50 App. U.S.C. 1744)’’ and inserting ‘‘section 

57100’’. 

(4) Section 52101(c)(1)(A)(i) of title 46, United States Code, 

is amended by striking ‘‘section 11 of the Merchant Ship Sales 

Act of 1946 (50 App. U.S.C. 1744)’’ and inserting ‘‘section 

57100’’. 

(5) Section 56308 of title 46, United States Code, as redesignated and transferred by subsection (a)(2) of this section, is 

amended— 

(A) by striking so much as precedes ‘‘vessel constructed’’ and inserting the following: 

‘‘§ 56308. Transfer of substitute vessels 

‘‘In the case of any’’; 

(B) by inserting ‘‘of Transportation’’ after ‘‘Secretary’’; 

and 

(C) by striking ‘‘adjustments with respect to the 

retained vessels as provided for in section 9, and’’. 

(6) Section 57100 of title 46, United States Code, as redesignated and transferred by subsection (a)(3) of this section, is 

amended— 

(A) by striking so much as precedes the text of subsection (a) and inserting the following: 

‘‘§ 57100. National Defense Reserve Fleet 

‘‘(a) FLEET COMPONENTS.—’’; 

(B) in subsection (b), by inserting before the first sentence the following: ‘‘PERMITTED USES.—’’; and 

(C) in subsection (e)— 

50 USC 4405. 

50 USC 4404. 

50 USC 4401 and 

note, 4402, 4403, 

4406. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1911 

(i) by inserting before the first sentence the following: ‘‘EXEMPTION FROM TANK VESSEL CONSTRUCTION STANDARDS.—’’; and 

(ii) by striking ‘‘of title 46, United States Code’’. 

(7) Section 57101 of title 46, United States Code, is 

amended by striking ‘‘maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. 1744)’’. 

(8) The analysis for chapter 563 of title 46, United States 

Code, is amended by inserting after the item relating to section 

56307 the following: 

‘‘56308. Transfer of substitute vessels.’’. 

(9) The analysis for chapter 571 of title 46, United States 

Code, is amended by inserting before the item relating to section 

57101 the following: 

‘‘57100. National Defense Reserve Fleet.’’. 

SEC. 3503. MARITIME SECURITY FLEET PROGRAM; RESTRICTION ON 

OPERATION FOR NEW ENTRANTS. 

(a) RESTRICTION.—Section 53105(a) of title 46, United States 

Code, is amended— 

(1) in paragraph (1)(A), by inserting ‘‘, except as provided 

in paragraph (2),’’ after ‘‘in the foreign commerce or’’; 

(2) in paragraph (1)(B), by striking ‘‘and’’ after the semicolon at the end; 

(3) by redesignating paragraph (2) as paragraph (3); and 

(4) by inserting after paragraph (1) the following: 

‘‘(2) in the case of a vessel, other than a replacement 

vessel under subsection (f), first covered by an operating agreement after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2018, the vessel shall not 

be operated in the transportation of cargo between points in 

the United States and its territories either directly or via 

a foreign port; and’’. 

(b) CONFORMING AMENDMENTS.—Section 53106 of title 46, 

United States Code, is amended— 

(1) in subsection (b), by striking ‘‘section 53105(a)(1)’’ and 

inserting ‘‘paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel,’’; and 

(2) in subsection (d)(3), by striking ‘‘section 53105(a)(1)’’ 

and inserting ‘‘paragraph (1) and (2) of section 53105(a), as 

otherwise applicable with respect to such vessel’’. 

SEC. 3504. CODIFICATION OF SECTIONS RELATING TO ACQUISITION, 

CHARTER, AND REQUISITION OF VESSELS. 

(a) EMERGENCY FOREIGN VESSEL ACQUISITION; PURCHASE OR

REQUISITION OF VESSELS LYING IDLE IN UNITED STATES WATERS.— 

The first section of the Act of August 9, 1954 (ch. 659; 50 U.S.C. 

196)— 

(1) is redesignated as section 56309 of title 46, United 

States Code, and transferred to appear at the end of chapter 

563 of such title, as otherwise amended by this title; and 

(2) is amended— 

(A) by striking ‘‘That during’’ and inserting the following: 

56 USC 57100 

prec. 

56 USC 56301 

prec. 


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131 STAT. 1912 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘§ 56309. Emergency foreign vessel acquisition; purchase or 

requisition of vessels lying idle in United States 

waters 

‘‘During’’; 

(B) by striking ‘‘section 902 of the Merchant Marine 

Act, 1936, as amended’’ each place it appears and inserting 

‘‘this chapter’’; and 

(C) by striking ‘‘the second paragraph of subsection 

(d) of such section 902, as amended’’ and inserting ‘‘section 

56305’’. 

(b) VOLUNTARY PURCHASE OR CHARTER AGREEMENTS.—Section 

2 of such Act (50 U.S.C. 197)— 

(1) is redesignated as section 56310 of title 46, United 

States Code, and transferred to appear after section 56309 

of such title (as amended by subsection (a)); and 

(2) is amended— 

(A) by striking so much as proceeds ‘‘During’’ and 

inserting the following: 

‘‘§ 56310. Voluntary purchase or charter agreements’’; and 

(B) by striking ‘‘section 902 of the Merchant Marine 

Act, 1936,’’ and inserting ‘‘this chapter’’. 

(c) REQUISITIONED VESSELS.—Section 3 of such Act (50 U.S.C. 

198)— 

(1) is redesignated as section 56311 of title 46, United 

States Code, and transferred to appear after section 56310 

of such title (as amended by subsections (a) and (b)); 

(2) is amended by striking so much as precedes subsection 

(a) and inserting the following: 

‘‘§ 56311. Requisitioned vessels’’; and 

(3) is amended— 

(A) except as provided in subparagraphs (B) and (C), 

by striking ‘‘this Act’’ each place it appears and inserting 

‘‘section 56309 or 56310, as applicable’’; 

(B) in subsection (c)— 

(i) in the first sentence, by striking ‘‘this Act’’ 

and inserting ‘‘section 56309 or 56310, as applicable,’’; 

and 

(ii) by striking ‘‘The second paragraph of section 

9 of the Shipping Act, 1916, as amended,’’ and inserting 

‘‘Section 57109’’; and 

(C) in subsection (d)— 

(i) in the first sentence by striking ‘‘provisions 

of section 3709 of the Revised Statutes’’ and inserting 

‘‘section 6101 of title 41’’; 

(ii) in the second sentence— 

(I) by striking ‘‘this Act’’ and inserting ‘‘section 

56309 or 56310, as applicable,’’; and 

(II) by striking ‘‘said section 3709’’ and 

inserting ‘‘section 6101 of title 41’’; 

(iii) by striking ‘‘title VII of the Merchant Marine 

Act, 1936’’ and inserting ‘‘chapter 575’’; and 

(iv) by striking subsection (f). 

(d) DOCUMENTED DEFINED.—Chapter 563 of title 46, United 

States Code, as amended by this section, is further amended by 

adding at the end the following: 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1913 

‘‘§ 56312. Documented defined 

‘‘In sections 56309 through 56311, the term ‘documented’ 

means, with respect to a vessel, that a certificate of documentation 

has been issued for the vessel under chapter 121.’’. 

(e) CLERICAL AMENDMENT.—The analysis for chapter 563 of 

title 46, United States Code, as otherwise amended by this title, 

is further amended by adding at the end the following: 

‘‘56309. Emergency foreign vessel acquisition; purchase or requisition of vessels 

lying idle in United States waters 

‘‘56310. Voluntary purchase or charter agreements 

‘‘56311. Requisitioned vessels 

‘‘56312. Documented defined’’. 

(f) REFERENCES.—Any reference in a law, regulation, document, 

paper, or other record of the United States to a section that is 

redesignated and transferred by this section is deemed to refer 

to such section as so redesignated and transferred. 

SEC. 3505. ASSISTANCE FOR SMALL SHIPYARDS. 

(a) IN GENERAL.—Section 54101 of title 46, United States Code, 

is amended— 

(1) in the section heading, by striking ‘‘and maritime 

communities’’; 

(2) in subsection (a)(2), by striking ‘‘in communities’’ and 

all that follows through the period and inserting ‘‘relating to 

shipbuilding, ship repair, and associated industries.’’; 

(3) by amending subsection (b) to read as follows: 

‘‘(b) AWARDS.— 

‘‘(1) IN GENERAL.—In providing assistance under the program, the Administrator shall consider projects that foster— 

‘‘(A) efficiency, competitive operations, and quality ship 

construction, repair, and reconfiguration; and 

‘‘(B) employee skills and enhanced productivity related 

to shipbuilding, ship repair, and associated industries. 

‘‘(2) TIMING OF GRANTS.—The Administrator shall award 

grants under this section not later than 120 days after the 

date of the enactment of the appropriations Act for the fiscal 

year concerned. 

‘‘(3) REUSE OF UNEXPENDED GRANT FUNDS.—Notwithstanding paragraph (2), amounts awarded as a grant under 

this section that are not expended by the grantee shall remain 

available to the Administrator for use for grants under this 

section.’’; 

(4) in subsection (c)(1)— 

(A) by inserting ‘‘to’’ after ‘‘may be used’’; and 

(B) by striking subparagraphs (A), (B), and (C) and 

inserting the following: 

‘‘(A) make capital and related improvements in small 

shipyards; and 

‘‘(B) provide training for workers in shipbuilding, ship 

repair, and associated industries.’’; 

(5) in subsection (d), by striking ‘‘unless’’ and all that 

follows before the period; and 

(6) in subsection (e)— 

(A) by striking paragraph (2); 

(B) by redesignating paragraph (3) as paragraph (2); 

and 

46 USC 56309 

note. 

46 USC 56301 

prec. 

46 USC 56312. 


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131 STAT. 1914 PUBLIC LAW 115–91—DEC. 12, 2017 

(C) in paragraph (1) by striking ‘‘Except as provided 

in paragraph (2),’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 541 of 

title 46, United States Code, is amended by striking the item 

relating to section 54101 and inserting the following: 

‘‘54101. Assistance for small shipyards.’’. 

SEC. 3506. REPORT ON SEXUAL ASSAULT VICTIM RECOVERY IN THE 

COAST GUARD. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, 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 sexual assault 

prevention and response policies of the Coast Guard and strategic 

goals related to sexual assault victim recovery. 

(b) CONTENTS.—The report shall— 

(1) describe Coast Guard strategic goals relating to sexual 

assault climate, prevention, response, and accountability, and 

actions taken by the Coast Guard to promote sexual assault 

victim recovery; 

(2) explain how victim recovery is being incorporated into 

Coast Guard strategic and programmatic guidance related to 

sexual assault prevention and response; 

(3) examine current Coast Guard sexual assault prevention 

and response policy with respect to— 

(A) Coast Guard criteria for what comprises sexual 

assault victim recovery; 

(B) alignment of Coast Guard personnel policies to 

enhance— 

(i) an approach to sexual assault response that 

gives priority to victim recovery; 

(ii) upholding individual privacy and dignity; and 

(iii) the opportunity for the continuation of Coast 

Guard service by sexual assault victims; and 

(C) sexual harassment response, including a description of the circumstances under which sexual harassment 

is considered a criminal offense; and 

(4) to ensure victims and supervisors understand the full 

scope of resources available to aid in long-term recovery, explain 

how the Coast Guard informs its workforce about changes 

to sexual assault prevention and response policies related to 

victim recovery. 

SEC. 3507. CENTERS OF EXCELLENCE. 

(a) IN GENERAL.—Chapter 541 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘§ 54102. Centers of excellence for domestic maritime 

workforce training and education 

‘‘(a) DESIGNATION.—The Secretary of Transportation may designate as a center of excellence for domestic maritime workforce 

training and education a covered training entity located in a State 

that borders on the— 

‘‘(1) Gulf of Mexico; 

‘‘(2) Atlantic Ocean; 

‘‘(3) Long Island Sound; 

46 USC 54102. 

46 USC 54101 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1915 

‘‘(4) Pacific Ocean; 

‘‘(5) Great Lakes; 

‘‘(6) Mississippi River System; 

‘‘(7) Arctic; or 

‘‘(8) Gulf of Alaska. 

‘‘(b) ASSISTANCE.—The Secretary may enter into a cooperative 

agreement (as that term is used in section 6305 of title 31) with 

a center of excellence designated under subsection (a) to support 

maritime workforce training and education at the center of excellence, including efforts of the center of excellence to— 

‘‘(1) admit additional students; 

‘‘(2) recruit and train faculty; 

‘‘(3) expand facilities; 

‘‘(4) create new maritime career pathways; or 

‘‘(5) award students credit for prior experience, including 

military service. 

‘‘(c) DEFINITIONS.—In this section, 

‘‘(1) COVERED TRAINING ENTITY.—the term ‘covered training 

entity’ means an entity that is— 

‘‘(A) a community or technical college; or 

‘‘(B) a maritime training center— 

‘‘(i) operated by, or under the supervision of, a 

State; and 

‘‘(ii) with a maritime training program in operation 

on the date of enactment of this section. 

‘‘(2) ARCTIC.—The term ‘Arctic’ has the meaning that term 

has under section 112 of the Arctic Research and Policy Act 

of 1984 (15 U.S.C. 4111).’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 541 of 

title 46, United States Code, is amended by inserting after the 

item relating to section 54101 the following: 

‘‘54102. Centers of excellence for domestic maritime workforce training and education.’’. 

SEC. 3508. FOREIGN SPILL PROTECTION. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Foreign 

Spill Protection Act of 2017’’. 

(b) LIABILITY OF OWNERS AND OPERATORS OF FOREIGN FACILITIES.— 

(1) OIL POLLUTION CONTROL ACT AMENDMENTS.— 

(A) DEFINITIONS.—Section 1001 of the Oil Pollution 

Act of 1990 (33 U.S.C. 2701) is amended— 

(i) in paragraph (26)(A)— 

(I) in clause (ii), by striking ‘‘onshore or offshore facility, any person’’ and inserting ‘‘onshore 

facility, offshore facility, or foreign offshore unit 

or other facility located seaward of the exclusive 

economic zone, any person or entity’’; and 

(II) in clause (iii), by striking ‘‘offshore facility, 

the person who’’ and inserting ‘‘offshore facility 

or foreign offshore unit or other facility located 

seaward of the exclusive economic zone, the person 

or entity that’’; and 

(ii) in paragraph (32)— 

(I) by redesignating subparagraphs (D) 

through (F) as subparagraphs (E) through (G), 

respectively; 

33 USC 1251 

note. 

Foreign 

Spill Protection 

Act of 2017’ 

46 USC 54101 

prec. 


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131 STAT. 1916 PUBLIC LAW 115–91—DEC. 12, 2017 

(II) by inserting after subparagraph (C) the 

following: 

‘‘(D) FOREIGN FACILITIES.—In the case of a foreign offshore unit or other facility located seaward of the exclusive 

economic zone, any person or other entity owning or operating the facility, and any leaseholder, permit holder, 

assignee, or holder of a right of use and easement granted 

under applicable foreign law for the area in which the 

facility is located.’’; and 

(III) in subparagraph (G), as so redesignated, 

by striking ‘‘or offshore facility, the persons who’’ 

and inserting ‘‘, offshore facility, or foreign offshore 

unit or other facility located seaward of the exclusive economic zone, the persons or entities that’’. 

(B) ACTIONS ON BEHALF OF FUND.—Section 1015(c) of 

the Oil Pollution Act of 1990 (33 U.S.C. 2715(c)) is 

amended, in the third sentence, by adding before the period 

at the end the following: ‘‘or other facility located seaward 

of the exclusive economic zone’’. 

(2) FEDERAL WATER POLLUTION CONTROL ACT AMEND- MENTS.—Section 311(a)(11) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(11)) is amended— 

(A) by striking ‘‘and any facility’’ and inserting ‘‘any 

facility’’; and 

(B) by inserting ‘‘, and, for the purposes of applying 

subsections (b), (c), (e), and (o), any foreign offshore unit 

(as defined in section 1001 of the Oil Pollution Act) or 

any other facility located seaward of the exclusive economic 

zone’’ after ‘‘public vessel’’. 

SEC. 3509. REMOVAL OF ADJUNCT PROFESSOR LIMIT AT UNITED 

STATES MERCHANT MARINE ACADEMY. 

Section 51317 of title 46, United States Code, is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

and 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(2) by striking subsections (c) and (d). 

SEC. 3510. ACCEPTANCE OF GUARANTEES IN CONJUNCTION WITH PARTIAL DONATIONS FOR MAJOR PROJECTS OF THE UNITED 

STATES MERCHANT MARINE ACADEMY. 

(a) GUARANTEES.—Chapter 513 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘§ 51320. Acceptance of guarantees with gifts for major 

projects 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) MAJOR PROJECT.—The term ‘major project’ means a 

project estimated to cost at least $1,000,000 for— 

‘‘(A) the purchase or other procurement of real or personal property; or 

‘‘(B) the construction, renovation, or repair of real or 

personal property. 

‘‘(2) MAJOR UNITED STATES COMMERCIAL BANK.—The term 

‘major United States commercial bank’ means a commercial 

bank that— 

46 USC 51320. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1917 

‘‘(A) is an insured bank (as defined in section 3(h) 

of the Federal Deposit Insurance Act (12 U.S.C. 1813(h))); 

‘‘(B) is headquartered in the United States; and 

‘‘(C) has total net assets of an amount considered by 

the Maritime Administrator to qualify the bank as a major 

bank. 

‘‘(3) MAJOR UNITED STATES INVESTMENT MANAGEMENT

FIRM.—The term ‘major United States investment management 

firm’ means— 

‘‘(A) any broker or dealer (as such terms are defined 

in section 3 of the Securities Exchange Act of 1934 (15 

U.S.C. 78c)); 

‘‘(B) any investment adviser or provider of investment 

supervisory services (as such terms are defined in section 

202 of the Investment Advisers Act of 1940 (15 U.S.C. 

80b–2)); or 

‘‘(C) a major United States commercial bank that— 

‘‘(i) is headquartered in the United States; and 

‘‘(ii) holds for the account of others investment 

assets in a total amount considered by the Maritime 

Administrator to qualify the bank as a major investment management firm. 

‘‘(4) QUALIFIED GUARANTEE.—The term ‘qualified guarantee’, with respect to a major project, means a guarantee 

that— 

‘‘(A) is made by 1 or more persons in connection with 

a donation for the project of a total amount in cash or 

securities that the Maritime Administrator determines is 

sufficient to defray a substantial portion of the total cost 

of the project; 

‘‘(B) is made to facilitate or expedite the completion 

of the project in reasonable anticipation that other donors 

will contribute sufficient funds or other resources in 

amounts sufficient to pay for completion of the project; 

‘‘(C) is set forth as a written agreement providing 

that the donor will furnish in cash or securities, in addition 

to the donor’s other gift or gifts for the project, any additional amount that may become necessary for paying the 

cost of completing the project by reason of a failure to 

obtain from other donors or sources funds or other 

resources in amounts sufficient to pay the cost of completing the project; and 

‘‘(D) is accompanied by— 

‘‘(i) an irrevocable and unconditional standby letter 

of credit for the benefit of the United States Merchant 

Marine Academy that is in the amount of the guarantee 

and is issued by a major United States commercial 

bank; or 

‘‘(ii) a qualified account control agreement. 

‘‘(5) QUALIFIED ACCOUNT CONTROL AGREEMENT.—The term 

‘qualified account control agreement’, with respect to a guarantee of a donor, means an agreement among the donor, the 

Maritime Administrator, and a major United States investment 

management firm that— 

‘‘(A) ensures the availability of sufficient funds or other 

financial resources to pay the amount guaranteed during 

the period of the guarantee; 


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131 STAT. 1918 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(B) provides for the perfection of a security interest 

in the assets of the account for the United States for 

the benefit of the United States Merchant Marine Academy 

with the highest priority available for liens and security 

interests under applicable law; 

‘‘(C) requires the donor to maintain in an account 

with the investment management firm assets having a 

total value that is not less than 130 percent of the amount 

guaranteed; and 

‘‘(D) requires the investment management firm, whenever the value of the account is less than the value required 

to be maintained under subparagraph (C), to liquidate any 

noncash assets in the account and reinvest the proceeds 

in Treasury bills issued under section 3104 of title 31. 

‘‘(b) ACCEPTANCE AUTHORITY.—Subject to subsection (d), the 

Maritime Administrator may accept a qualified guarantee from 

a donor or donors for the completion of a major project for the 

benefit of the United States Merchant Marine Academy. 

‘‘(c) OBLIGATION AUTHORITY.—The amount of a qualified guarantee accepted under this section shall be considered as contract 

authority to provide obligation authority for purposes of Federal 

fiscal and contractual requirements. Funds available for a project 

for which such a guarantee has been accepted may be obligated 

and expended for the project without regard to whether the total 

amount of funds and other resources available for the project (not 

taking into account the amount of the guarantee) is sufficient 

to pay for completion of the project. 

‘‘(d) NOTICE.—The Maritime Administrator may not accept a 

qualified guarantee under this section for the completion of a major 

project until 30 days after the date on which a report of the 

facts concerning the proposed guarantee is submitted to Congress. 

‘‘(e) PROHIBITION ON COMMINGLING FUNDS.—The Maritime 

Administrator may not enter into any contract or other transaction 

involving the use of a qualified guarantee and appropriated funds 

in the same contract or transaction.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

513 of title 46, United States Code, is amended by adding at 

the end the following: 

‘‘51320. Acceptance of guarantees with gifts for major projects.’’. 

SEC. 3511. AUTHORITY TO PAY CONVEYANCE OR TRANSFER EXPENSES 

IN CONNECTION WITH ACCEPTANCE OF A GIFT TO THE 

UNITED STATES MERCHANT MARINE ACADEMY. 

Section 51315 of title 46, United States Code, is amended 

by inserting at the end the following: 

‘‘(f) PAYMENT OF EXPENSES.—The Maritime Administrator may 

pay all necessary expenses in connection with the conveyance or 

transfer of a gift, devise, or bequest accepted under this section.’’. 

SEC. 3512. AUTHORITY TO PARTICIPATE IN FEDERAL, STATE OR OTHER 

RESEARCH GRANTS. 

(a) RESEARCH GRANTS.—Chapter 513 of title 46, United States 

Code, as amended by sections 3510 of this title, is further amended 

by adding at the end the following: 

46 USC 51301 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1919 

‘‘§ 51321. Grants for scientific and educational research 

‘‘(a) DEFINED TERM.—In this section, the term ‘qualifying 

research grant’ is a grant that— 

‘‘(1) is awarded on a competitive basis by the Federal 

Government (except for the Department of Transportation), 

a State, a corporation, a fund, a foundation, an educational 

institution, or a similar entity that is organized and operated 

primarily for scientific or educational purposes; and 

‘‘(2) is to be used to carry out a research project with 

a scientific or educational purpose. 

‘‘(b) ACCEPTANCE OF QUALIFYING RESEARCH GRANTS.—The 

United States Merchant Marine Academy may compete for and 

accept qualifying research grants if the work under the grant is 

to be carried out by a professor or instructor of the United States 

Merchant Marine Academy. 

‘‘(c) ADMINISTRATION OF GRANT FUNDS.— 

‘‘(1) ESTABLISHMENT OF ACCOUNT.—The Maritime Administrator shall establish a separate account for administering 

funds received from research grants under this section. 

‘‘(2) USE OF GRANT FUNDS.—The Superintendent shall use 

grant funds deposited into the account established pursuant 

to paragraph (1) in accordance with applicable regulations and 

the terms and conditions of the respective grants. 

‘‘(d) RELATED EXPENSES.—Subject to such limitations as may 

be provided in appropriations Acts, appropriations available for 

the United States Merchant Marine Academy may be used to pay 

expenses incurred by the Academy in applying for, and otherwise 

pursuing, a qualifying research grant.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

513 of title 46, United States Code, as amended by section 3510(b), 

is further amended by adding at the end the following: 

‘‘51321. Grants for scientific and educational research.’’. 

SEC. 3513. PROVISION OF SATELLITE COMMUNICATION DEVICES 

DURING SEA YEAR PROGRAM. 

Section 3514 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: 

‘‘(a) VESSEL OPERATOR REQUIREMENTS.—Not later than’’; and 

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

‘‘(b) PROVISION OF SATELLITE PHONE.— 

‘‘(1) IN GENERAL.—The Maritime Administrator shall 

ensure that each cadet from the United States Merchant Marine 

Academy who is participating in the Sea Year program is 

provided a functional satellite communication device. A cadet 

may not be denied from using the device whenever the student 

determines that use of the device is necessary to prevent or 

report sexual harassment or sexual assault. 

‘‘(2) CHECK-IN.—Not less often than once each week during 

a cadet’s participation in the Sea Year program, the cadet 

shall check-in with designated personnel at the Academy via 

the satellite communication device provided under paragraph 

(1). A text message sent via the satellite device shall meet 

the requirement for a weekly check-in for purposes of this 

paragraph.’’. 

46 USC 51301 

prec. 

46 USC 51321. 


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131 STAT. 1920 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 3514. ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING 

VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND 

STALKING AT THE UNITED STATES MERCHANT MARINE 

ACADEMY. 

(a) EXPANSION OF REQUIRED POLICY.—Section 51318(a) of title 

46, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘harassment and sexual 

assault’’ and inserting ‘‘harassment, dating violence, domestic 

violence, sexual assault, and stalking’’; 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘harassment and sexual assault’’ and inserting 

‘‘harassment, dating violence, domestic violence, sexual 

assault, and stalking’’; 

(B) in subparagraph (A), by inserting ‘‘domestic 

violence, dating violence, stalking,’’ after ‘‘acquaintance 

rape,’’; 

(C) in subparagraph (B)— 

(i) in the matter preceding clause (i), by striking 

‘‘harassment or sexual assault,’’ and inserting ‘‘harassment, dating violence, domestic violence, sexual 

assault, or stalking,’’; 

(ii) in clause (i), by striking ‘‘harassment or sexual 

assault’’ and inserting ‘‘harassment, dating violence, 

domestic violence, sexual assault, or stalking’’; and 

(iii) in clause (iii), by striking ‘‘criminal sexual 

assault’’ and inserting ‘‘a criminal sexual offense’’; 

(D) in subparagraph (D), by striking ‘‘harassment or 

sexual assault’’ and inserting ‘‘harassment, dating violence, 

domestic violence, sexual assault, or stalking’’; 

(E) in subparagraph (E)— 

(i) in clause (i), by striking ‘‘harassment or sexual 

assault’’ and inserting ‘‘harassment, dating violence, 

domestic violence, sexual assault, or stalking’’; 

(ii) in clause (ii), by striking ‘‘sexual assault’’ and 

inserting ‘‘sexual harassment, dating violence, domestic 

violence, sexual assault, or stalking’’; and 

(iii) in clause (iii), by striking ‘‘harassment and 

sexual assault’’ and inserting ‘‘harassment, dating 

violence, domestic violence, sexual assault, or stalking’’; 

and 

(F) in subparagraph (F), by striking ‘‘harassment or 

sexual assault’’ and inserting ‘‘harassment, dating violence, 

domestic violence, sexual assault, or stalking’’; 

(3) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; 

(4) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) MINIMUM TRAINING REQUIREMENTS FOR CERTAIN

INDIVIDUALS REGARDING SEXUAL HARASSMENT, DATING

VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND

STALKING.— 

‘‘(A) REQUIREMENT.—The Maritime Administrator shall 

direct the Superintendent of the United States Merchant 

Marine Academy to develop a mandatory training program 

at the Academy for each individual who is involved in 

implementing the Academy’s student disciplinary grievance 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1921 

procedures, including each individual who is responsible 

for— 

‘‘(i) resolving complaints of reported sexual harassment, dating violence, domestic violence, sexual 

assault, and stalking; 

‘‘(ii) resolving complaints of reported violations of 

the sexual misconduct policy of the Academy; or 

‘‘(iii) conducting an interview with a victim of 

sexual harassment, dating violence, domestic violence, 

sexual assault, or stalking. 

‘‘(B) CONSULTATION.—The Superintendent shall 

develop the training program described in subparagraph 

(A) in consultation with national, State, or local sexual 

assault, dating violence, domestic violence, or stalking 

victim advocacy, victim services, or prevention organizations. 

‘‘(C) ELEMENTS.—The training required by subparagraph (A) shall include the following: 

‘‘(i) Information on working with and interviewing 

persons subjected to sexual harassment, dating 

violence, domestic violence, sexual assault, or stalking. 

‘‘(ii) Information on particular types of conduct 

that would constitute sexual harassment, dating 

violence, domestic violence, sexual assault, or stalking, 

regardless of gender, including same-sex sexual harassment, dating violence, domestic violence, sexual 

assault, or stalking. 

‘‘(iii) Information on consent and the effect that 

drugs or alcohol may have on an individual’s ability 

to consent. 

‘‘(iv) Information on the effects of trauma, 

including the neurobiology of trauma. 

‘‘(v) Training regarding the use of trauma-informed 

interview techniques, which means asking questions 

of an individual who has been a victim of sexual 

harassment, dating violence, domestic violence, sexual 

assault, or stalking in a manner that is focused on 

the experience of the victim, does not judge or blame 

the victim, and is informed by evidence-based research 

on the neurobiology of trauma. 

‘‘(vi) Training on cultural awareness regarding how 

dating violence, domestic violence, sexual assault, or 

stalking may impact midshipmen differently depending 

on their cultural background. 

‘‘(vii) Information on sexual assault dynamics, 

sexual assault perpetrator behavior, and barriers to 

reporting. 

‘‘(D) IMPLEMENTATION.— 

‘‘(i) DEVELOPMENT AND APPROVAL SCHEDULE.—The 

training program required by subparagraph (A) shall 

be developed not later than 90 days after the date 

of the enactment of the National Defense Authorization 

Act for Fiscal Year 2018. 

‘‘(ii) COMPLETION OF TRAINING.—Each individual 

who is required to complete the training described 

in subparagraph (A) shall complete such training not 

later than— 


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131 STAT. 1922 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(I) 270 days after the date of the enactment 

of the National Defense Authorization Act for 

Fiscal Year 2018; or 

‘‘(II) 180 days after starting a position with 

responsibilities that include the activities 

described in clause (i), (ii), or (iii) of subparagraph 

(A).’’; and 

(5) by inserting after paragraph (5), as so redesignated, 

the following new paragraph: 

‘‘(6) CONSISTENCY WITH THE HIGHER EDUCATION ACT OF

1965.—The Secretary shall ensure that the policy developed 

under this subsection meets the requirements set out in section 

485(f)(8) of the Higher Education Act of 1965 (20 U.S.C. 

1092(f)(8)).’’. 

(b) MINIMUM PROCEDURES FOR HANDLING REPORTS OF SEXUAL

HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL

ASSAULT, OR STALKING.—Subsection (b) of section 51318 of title 

46, United States Code, is amended to read as follows: 

‘‘(b) DEVELOPMENT PROGRAM.— 

‘‘(1) IN GENERAL.—The Maritime Administrator shall 

ensure that the development program of the Academy includes 

a section that— 

‘‘(A) describes the relationship between honor, respect, 

and character development and the prevention of sexual 

harassment, dating violence, domestic violence, sexual 

assault, and stalking at the Academy; 

‘‘(B) includes a brief history of the problem of sexual 

harassment, dating violence, domestic violence, sexual 

assault, and stalking in the merchant marine, in the Armed 

Forces, and at the Academy; and 

‘‘(C) includes information relating to reporting sexual 

harassment, dating violence, domestic violence, sexual 

assault, and stalking, victims’ rights, and dismissal for 

offenders. 

‘‘(2) MINIMUM REQUIREMENTS TO COMBAT RETALIATION.— ‘‘(A) REQUIREMENT FOR PLAN.—Not later than 90 days 

after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2018, the Maritime 

Administrator shall direct the Superintendent of the United 

States Merchant Marine Academy to implement and maintain a plan to combat retaliation against cadets at the 

Academy who report sexual harassment, dating violence, 

domestic violence, sexual assault, or stalking. 

‘‘(B) VIOLATION OF CODE OF CONDUCT.—The Superintendent shall consider an act of retaliation against a 

cadet at the Academy who reports sexual harassment, 

dating violence, domestic violence, sexual assault, or 

stalking as a Class I violation of the Midshipman Regulations of the Academy or equivalent code of conduct. 

‘‘(C) RETALIATION DEFINITION.—The Superintendent 

shall work with the sexual assault prevention and response 

staff of the Academy to define ‘retaliation’ for purposes 

of this subsection. 

‘‘(3) MINIMUM RESOURCE REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The Maritime Administrator shall 

ensure the staff at the Academy are provided adequate 

and appropriate sexual harassment, dating violence, 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1923 

domestic violence, sexual assault, and stalking prevention 

and response training materials and resources. Such 

resources shall include staff as follows: 

‘‘(i) Sexual assault response coordinator. 

‘‘(ii) Prevention educator. 

‘‘(iii) Civil rights officer. 

‘‘(iv) Staff member to oversee Sea Year. 

‘‘(B) COMMUNICATION.—The Director of the Office of 

Civil Rights of the Maritime Administration shall create 

and maintain a direct line of communication to the sexual 

assault response staff of the Academy that is outside of 

the chain of command of the Academy. 

‘‘(4) MINIMUM TRAINING REQUIREMENTS.—The Superintendent shall ensure that all cadets receive training on the 

sexual harassment, dating violence, domestic violence, sexual 

assault, and stalking prevention and response sections of the 

development program of the Academy, as described in paragraph (1), as follows: 

‘‘(A) An initial training session, which shall occur not 

later than 7 days after a cadet’s initial arrival at the 

Academy. 

‘‘(B) Additional training sessions, which shall occur 

biannually following the cadet’s initial training session 

until the cadet graduates or leaves the Academy.’’. 

(c) AGGREGATE REPORTING AND DEFINITIONS.—Section 51318 

of title 46, United States Code, is amended by adding at the end 

the following new subsections: 

‘‘(e) DATA FOR AGGREGATE REPORTING.— 

‘‘(1) IN GENERAL.—No requirement related to confidentiality 

in this section or section 51319 of this title may be construed 

to prevent a sexual assault response coordinator from providing 

information for any report required by law regarding sexual 

harassment, dating violence, domestic violence, sexual assault, 

or stalking. 

‘‘(2) IDENTITY PROTECTION.—Any information provided for 

a report referred to in paragraph (1) shall be provided in 

a manner that protects the identity of the victim or witness. 

‘‘(f) DEFINITIONS.—In this section and section 51319 of this 

title: 

‘‘(1) DATING VIOLENCE; DOMESTIC VIOLENCE; STALKING.— 

The terms ‘dating violence’, ‘domestic violence’, and ‘stalking’ 

have the meanings given those terms is section 40002(a) of 

the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)). 

‘‘(2) SEXUAL ASSAULT.—The term ‘sexual assault’ means 

an offense classified as a forcible or nonforcible sex offense 

under the uniform crime reporting system of the Federal 

Bureau of Investigation.’’. 

(d) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of section 51318 of 

title 46, United States Code, is amended to read as follows: 

‘‘§ 51318. Policy on sexual harassment, dating violence, 

domestic violence, sexual assault, and stalking’’. 

(2) TABLE OF SECTIONS.—The table of sections for chapter 

513 of title 46, United States Code, is amended by striking 46 USC 51301 

prec. 


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131 STAT. 1924 PUBLIC LAW 115–91—DEC. 12, 2017 

the item relating to section 51318 and inserting the following 

new item: 

‘‘51318. Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.’’. 

SEC. 3515. SEXUAL ASSAULT PREVENTION AND RESPONSE STAFF FOR 

THE UNITED STATES MERCHANT MARINE ACADEMY. 

(a) IN GENERAL.—Section 51319 of title 46, United States Code, 

is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by striking subsection (a) and inserting the following 

new subsections: 

‘‘(a) SEXUAL ASSAULT RESPONSE COORDINATORS.— 

‘‘(1) REQUIREMENT FOR COORDINATORS.—The United States 

Merchant Marine Academy shall employ or contract with at 

least 1 full-time sexual assault response coordinator who shall 

reside at or near the Academy. The Secretary of Transportation 

may assign additional full-time or part-time sexual assault 

response coordinators at the Academy as necessary. 

‘‘(2) SELECTION CRITERIA.—Each sexual assault response 

coordinator shall be selected based on— 

‘‘(A) experience and a demonstrated ability to effectively provide victim services related to sexual harassment, 

dating violence, domestic violence, sexual assault, and 

stalking; and 

‘‘(B) protection of the individual under applicable law 

to provide privileged communication. 

‘‘(3) CONFIDENTIALITY.—A sexual assault response coordinator shall, to the extent authorized under applicable law, 

provide confidential services to a cadet at the Academy who 

reports being a victim of, or witness to, sexual harassment, 

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

‘‘(4) TRAINING.— 

‘‘(A) VERIFICATION.—Not later than 90 days after the 

date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the Maritime Administrator, 

in consultation with the Director of the Maritime Administration Office of Civil Rights, shall develop a process to 

verify that each sexual assault response coordinator has 

completed proper training. 

‘‘(B) TRAINING REQUIREMENTS.—The training referred 

to in subparagraph (A) shall include training in— 

‘‘(i) working with victims of sexual harassment, 

dating violence, domestic violence, sexual assault, and 

stalking; 

‘‘(ii) the policies, procedures, and resources of the 

Academy related to responding to sexual harassment, 

dating violence, domestic violence, sexual assault, and 

stalking; and 

‘‘(iii) national, State, and local victim services and 

resources available to victims of sexual harassment, 

dating violence, domestic violence, sexual assault, and 

stalking. 

‘‘(C) COMPLETION OF TRAINING.—A sexual assault 

response coordinator shall complete the training referred 

to in subparagraphs (A) and (B) not later than— 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1925 

‘‘(i) 270 days after enactment of the National 

Defense Authorization Act for Fiscal Year 2018; or 

‘‘(ii) 180 days after starting in the role of sexual 

assault response coordinator. 

‘‘(5) DUTIES.—A sexual assault response coordinator shall— 

‘‘(A) confidentially receive a report from a victim of 

sexual harassment, dating violence, domestic violence, 

sexual assault, or stalking; 

‘‘(B) inform the victim of— 

‘‘(i) the victim’s rights under applicable law; 

‘‘(ii) options for reporting an incident of sexual 

harassment, dating violence, domestic violence, sexual 

assault, or stalking to the Academy and law enforcement; 

‘‘(iii) how to access available services, including 

emergency medical care, medical forensic or evidentiary examinations, legal services, services provided 

by rape crisis centers and other victim service providers, services provided by the volunteer sexual 

assault victim advocates at the Academy, and crisis 

intervention counseling and ongoing counseling; 

‘‘(iv) such coordinator’s ability to assist in 

arranging access to such services, with the consent 

of the victim; 

‘‘(v) available accommodations, such as allowing 

the victim to change living arrangements and obtain 

accessibility services; 

‘‘(vi) such coordinator’s ability to assist in 

arranging such accommodations, with the consent of 

the victim; 

‘‘(vii) the victim’s rights and the Academy’s responsibilities regarding orders of protection, no contact 

orders, restraining orders, or similar lawful orders 

issued by the Academy or a criminal, civil, or tribal 

court; and 

‘‘(viii) privacy limitations under applicable law; 

‘‘(C) represent the interests of any cadet at the 

Academy who reports being a victim of sexual harassment, 

dating violence, domestic violence, sexual assault, or 

stalking, even if such interests are in conflict with the 

interests of the Academy; 

‘‘(D) advise the victim of, and provide written materials 

regarding, the information described in subparagraph (B); 

‘‘(E) liaise with appropriate staff at the Academy, with 

the victim’s consent, to arrange reasonable accommodations 

through the Academy to allow the victim to change living 

arrangements, obtain accessibility services, or access other 

accommodations; 

‘‘(F) maintain the privacy and confidentiality of the 

victim, and shall not notify the Academy or any other 

authority of the identity of the victim or the alleged circumstances surrounding the reported incident unless— 

‘‘(i) otherwise required by applicable law; 

‘‘(ii) requested to do so by the victim who has 

been fully and accurately informed about what procedures shall occur if the information is shared; or 


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131 STAT. 1926 PUBLIC LAW 115–91—DEC. 12, 2017 

‘‘(iii) notwithstanding clause (i) or clause (ii), there 

is risk of imminent harm to other individuals; 

‘‘(G) assist the victim in contacting and reporting an 

incident of sexual harassment, dating violence, domestic 

violence, sexual assault, or stalking to the Academy or 

law enforcement, if requested to do so by the victim who 

has been fully and accurately informed about what procedures shall occur if information is shared; and 

‘‘(H) submit to the Director of the Maritime Administration Office of Civil Rights an annual report summarizing 

how the resources supplied to the coordinator were used 

during the prior year, including the number of victims 

assisted by the coordinator. 

‘‘(b) OVERSIGHT.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REPORTING.—Each sexual assault response coordinator shall— 

‘‘(i) report directly to the Superintendent; and 

‘‘(ii) have concurrent reporting responsibility to the 

Executive Director of the Maritime Administration on 

matters related to the Maritime Administration and 

the Department of Transportation and upon belief that 

the Academy leadership is acting inappropriately 

regarding sexual assault prevention and response matters. 

‘‘(B) SUPPORT.—The Maritime Administration Office of 

Civil Rights shall provide support to the sexual assault 

response coordinator at the Academy on all sexual harassment, dating violence, domestic violence, sexual assault, 

or stalking prevention matters. 

‘‘(2) PROHIBITION ON INVESTIGATION BY THE ACADEMY.— 

Any request by a victim for an accommodation, as described 

in subsection (a)(5)(E), made by a sexual assault response 

coordinator shall not trigger an investigation by the Academy, 

even if such coordinator deals only with matters relating to 

sexual harassment, dating violence, domestic violence, sexual 

assault, or stalking. 

‘‘(3) PROHIBITION ON RETALIATION.—A sexual assault 

response coordinator, victim advocate, or companion may not 

be disciplined, penalized, or otherwise retaliated against by 

the Academy for representing the interests of the victim, even 

if such interests are in conflict with the interests of the 

Academy.’’. 

(b) ACCESS OF ACADEMY CADETS TO DOD SAFE OR EQUIVALENT

HELPLINE.— 

(1) IN GENERAL.—The Secretary of Transportation shall 

arrange for cadets at the United States Merchant Marine 

Academy to have access to, and use of, the Department of 

Defense SAFE Helpline or an equivalent helpline to report 

incidents of sexual harassment, dating violence, domestic 

violence, sexual assault, or stalking. 

(2) TRAINING.—The training provided to personnel of the 

helpline to which cadets at the Academy are given access shall 

include training on the resources available to cadets at the 

Academy in connection with sexual assault, sexual harassment, 

domestic violence, dating violence, and stalking. 

46 USC 51318 

note. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1927 

(3) DEFINITIONS.—In this section, the terms ‘‘dating 

violence’’, ‘‘domestic violence’’, ‘‘sexual assault’’, and ‘‘stalking’’ 

have the meanings given those terms in section 51318 of title 

46, United States Code. 

(c) REPEAL OF DUPLICATE REQUIREMENT.—Subsection (c) of section 51319 of title 46, United States Code, as redesignated by 

subsection (a)(1), is amended— 

(1) by striking paragraph (5); 

(2) by redesignating paragraph (6) as paragraph (5); and 

(3) in paragraph (5), as so redesignated, by striking ‘‘(3), 

(4), and (5)’’ and inserting ‘‘(3) and (4)’’. 

SEC. 3516. PROTECTION OF CADETS AT THE UNITED STATES MERCHANT MARINE ACADEMY FROM SEXUAL ASSAULT 

ONBOARD COMMERCIAL VESSELS. 

(a) IN GENERAL.—Chapter 513 of title 46, United States Code, 

as amended by section 3512 of this title, is further amended by 

adding at the end the following new section: 

‘‘§ 51322. Protection of cadets from sexual assault onboard 

vessels 

‘‘(a) RIDING GANGS.— 

‘‘(1) CERTIFICATION OF COMPLIANCE.—The Maritime 

Administrator shall require the owner or operator of any 

commercial vessel that is carrying a cadet from the United 

States Merchant Marine Academy to certify compliance of the 

vessel with the International Convention for Safety of Life 

at Sea, 1974 (32 UST 47) and section 8106 of this title. 

‘‘(2) INFORMATION FOR CADETS.—The Maritime Administrator shall ensure that the Academy informs cadets preparing 

for Sea Year of the obligations that vessel owners and operators 

have to provide for the security of individuals aboard a vessel 

under United States law, including chapter 81 and section 

70103(c) of this title. 

‘‘(b) CHECKS OF COMMERCIAL VESSELS.— ‘‘(1) REQUIREMENT.—Not less frequently than biennially, 

staff of the Academy or staff of the Maritime Administration 

shall conduct both random and targeted unannounced checks 

of not less than 10 percent of the commercial vessels that 

host a cadet from the Academy. 

‘‘(2) REMOVAL OF STUDENTS.—If staff of the Academy or 

staff of the Maritime Administration determine that a commercial vessel is in violation of the sexual assault policy developed 

by the Academy through a check conducted under paragraph 

(1), the staff may— 

‘‘(A) remove any cadet of the Academy from the vessel; 

and 

‘‘(B) report the violation to the owner or operator of 

the vessel. 

‘‘(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 the crew 

and passengers of any vessel hosting a cadet from the Academy. 

‘‘(d) SEA YEAR SURVEY.— ‘‘(1) REQUIREMENT.—The Maritime Administrator shall 

require each cadet from the Academy, upon completion of the 

46 USC 51322. 


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131 STAT. 1928 PUBLIC LAW 115–91—DEC. 12, 2017 

cadet’s Sea Year, to complete a survey regarding the environment and conditions during the Sea Year of the vessel to 

which the cadet was assigned. 

‘‘(2) AVAILABILITY.—The Maritime Administrator shall 

make available to the public for each year— 

‘‘(A) the questions used in the survey required by paragraph (1); and 

‘‘(B) the aggregated data received from such surveys.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

513 of title 46, United States Code, as amended by section 3512 

of this title, is further amended by adding at the end the following 

new item: 

‘‘51322. Protection of cadets from sexual assault onboard vessels.’’. 

SEC. 3517. TRAINING REQUIREMENT FOR SEXUAL ASSAULT INVESTIGATORS. 

Each employee of the Office of Inspector General of the Department of Transportation who conducts investigations and who is 

assigned to the Regional Investigations Office in New York, New 

York, shall— 

(1) participate in specialized training in conducting sexual 

assault investigations; and 

(2) attend at least 1 Federal Law Enforcement Training 

Center (FLETC) sexual assault investigation course, or equivalent sexual assault investigation training course, as determined 

by the Inspector General, each year. 

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. 

(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 

1512 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. 

46 USC 51301 

prec. 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1929 

(e) ORAL AND 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 2018 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

002 UTILITY F/W AIRCRAFT ................................................................. 75,115 75,115 

004 MQ–1 UAV .......................................................................................... 30,206 90,206 

UFR: ER Improved Gray Eagle Air Vehicles ............................ [60,000 ] 

ROTARY 

005 HELICOPTER, LIGHT UTILITY (LUH) .......................................... 108,383 108,383 

006 AH–64 APACHE BLOCK IIIA REMAN ........................................... 725,976 764,976 

UFR: Procures remanufactured AH64Es .................................. [39,000 ] 

007 ADVANCE PROCUREMENT (CY) ............................................... 170,910 170,910 

008 AH–64 APACHE BLOCK IIIB NEW BUILD ................................... 374,100 647,800 

UFR: Procures AH–64E .............................................................. [273,700 ] 

009 ADVANCE PROCUREMENT (CY) ............................................... 71,900 71,900 

010 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 938,308 1,046,308 

Unfunded requirement—additional 5 for ARNG ...................... [108,000 ] 

011 ADVANCE PROCUREMENT (CY) ............................................... 86,295 86,295 

012 UH–60 BLACK HAWK A AND L MODELS .................................... 76,516 93,216 

Unfunded requirement—UH–60Vs ............................................ [16,700 ] 

013 CH–47 HELICOPTER ........................................................................ 202,576 557,076 

Emergent requirements—additional 4 CH–47F Block I .......... [108,000 ] 

Unfunded requirement—additional 4 MH–47Gs ...................... [246,500 ] 

014 ADVANCE PROCUREMENT (CY) ............................................... 17,820 17,820 

MODIFICATION OF AIRCRAFT 

015 MQ–1 PAYLOAD (MIP) ..................................................................... 5,910 21,910 

UFR: Procures of Common Sensor Payloads ............................. [16,000 ] 

016 UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) ............. 15,000 15,000 

017 GRAY EAGLE MODS2 ...................................................................... 74,291 74,291 

018 MULTI SENSOR ABN RECON (MIP) ............................................. 68,812 98,287 

UFR: Procures of Electronic Intelligence (ELINT) upgrades ... [29,475 ] 

019 AH–64 MODS ..................................................................................... 238,141 382,941 

Unfunded requirement ................................................................ [144,800 ] 

020 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 20,166 81,166 

Unfunded requirement ................................................................ [61,000 ] 

021 GRCS SEMA MODS (MIP) ................................................................ 5,514 5,514 

022 ARL SEMA MODS (MIP) ................................................................... 11,650 11,650 

023 EMARSS SEMA MODS (MIP) .......................................................... 15,279 15,279 

024 UTILITY/CARGO AIRPLANE MODS .............................................. 57,737 57,737 

025 UTILITY HELICOPTER MODS ....................................................... 5,900 40,709 

Unfunded requirement ................................................................ [34,809 ] 

026 NETWORK AND MISSION PLAN ................................................... 142,102 142,102 

027 COMMS, NAV SURVEILLANCE ...................................................... 166,050 207,630 

Unfunded requirement—ARC–201D encrypted radios ............ [41,580 ] 

028 GATM ROLLUP .................................................................................. 37,403 37,403 

029 RQ–7 UAV MODS .............................................................................. 83,160 194,160 

UFR: Procures Shadow V2 BLK III systems ............................ [111,000 ] 

030 UAS MODS ......................................................................................... 26,109 26,429 

UFR: Procures OSRVT systems ................................................. [320 ] 

GROUND SUPPORT AVIONICS 

031 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 70,913 70,913 

032 SURVIVABILITY CM ........................................................................ 5,884 5,884 

033 CMWS .................................................................................................. 26,825 51,825 

UFR: Limited Interim Missile Warning System (LIMWS) 

Quick Reaction Capability.

[25,000 ] 


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131 STAT. 1930 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

034 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 6,337 31,337 

UFR: CIRCM B-Kits .................................................................... [25,000 ] 

OTHER SUPPORT 

035 AVIONICS SUPPORT EQUIPMENT ............................................... 7,038 7,038 

036 COMMON GROUND EQUIPMENT ................................................. 47,404 56,304 

Unfunded requirement—grow the Army ................................... [1,800 ] 

Unfunded requirement—Non destructive test equip ................ [7,100 ] 

037 AIRCREW INTEGRATED SYSTEMS .............................................. 47,066 47,066 

038 AIR TRAFFIC CONTROL ................................................................. 83,790 84,905 

UFR: Airspace Information System shelter and Alternate 

Workstation.

[1,115 ] 

039 INDUSTRIAL FACILITIES ............................................................... 1,397 1,397 

040 LAUNCHER, 2.75 ROCKET .............................................................. 1,911 1,911 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 4,149,894 5,500,793 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) ................... 140,826 140,826 

002 MSE MISSILE .................................................................................... 1,106,040 1,106,040 

003 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ............... 57,742 57,742 

AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY ............................................................. 94,790 104,790 

UFR: Procures maximum Hellfire missile ................................. [10,000 ] 

006 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................ 178,432 160,126 

Excess due to delays .................................................................... [–18,306 ] 

ANTI-TANK/ASSAULT MISSILE SYS 

008 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 110,123 257,423 

UFR: Procures additional Javelin .............................................. [147,300 ] 

009 TOW 2 SYSTEM SUMMARY ............................................................ 85,851 85,851 

010 ADVANCE PROCUREMENT (CY) ............................................... 19,949 19,949 

011 GUIDED MLRS ROCKET (GMLRS) ................................................ 595,182 606,882 

Program reduction—unit cost savings ....................................... [–2,800 ] 

UFR: Tooling and practice rounds ............................................. [14,500 ] 

012 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 28,321 34,651 

UFR: Funds Reduced Range Practice Rockets .......................... [6,330 ] 

013 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 435,728 

Unfunded requirement—ERI ..................................................... [197,000 ] 

Unfunded requirement—grow the Army ................................... [238,728 ] 

014 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ..... 46,600 

Unfunded requirement ................................................................ [46,600 ] 

MODIFICATIONS 

015 PATRIOT MODS ................................................................................ 496,073 496,527 

UFR: Procures additional ELES ................................................ [454 ] 

016 ATACMS MODS ................................................................................. 186,040 186,040 

017 GMLRS MOD ...................................................................................... 531 531 

018 STINGER MODS ................................................................................ 63,090 91,890 

UFR: Maximizes Stinger ............................................................. [28,800 ] 

019 AVENGER MODS .............................................................................. 62,931 62,931 

020 ITAS/TOW MODS ............................................................................... 3,500 3,500 

021 MLRS MODS ...................................................................................... 138,235 187,035 

UFR: Procures M270A1 MLRS launchers ................................. [48,800 ] 

022 HIMARS MODIFICATIONS .............................................................. 9,566 9,566 

SPARES AND REPAIR PARTS 

023 SPARES AND REPAIR PARTS ........................................................ 18,915 18,915 

SUPPORT EQUIPMENT & FACILITIES 

024 AIR DEFENSE TARGETS ................................................................. 5,728 5,728 

026 PRODUCTION BASE SUPPORT ...................................................... 1,189 1,189 

TOTAL MISSILE PROCUREMENT, ARMY .................... 3,403,054 4,120,460 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 BRADLEY PROGRAM ....................................................................... 111,000 

UFR: Recap 1 Infantry Battalion Set of M2A4 ......................... [111,000 ] 

002 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 193,715 193,715 

MODIFICATION OF TRACKED COMBAT VEHICLES 

004 STRYKER (MOD) ............................................................................... 97,552 274,552 

UFR: Second SBCT set of 30mm ................................................ [177,000 ] 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1931 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

005 STRYKER UPGRADE ........................................................................ 348,000 

Unfunded requirement – completes 4th DVH SBCT ............... [348,000 ] 

006 BRADLEY PROGRAM (MOD) .......................................................... 444,851 444,851 

007 M109 FOV MODIFICATIONS ........................................................... 64,230 64,230 

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 646,413 646,413 

009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 72,402 194,402 

UFR: Procures one ABCT set of HERCULES (M88A2) ........... [122,000 ] 

010 ASSAULT BRIDGE (MOD) ............................................................... 5,855 5,855 

011 ASSAULT BREACHER VEHICLE ................................................... 34,221 64,221 

UFR: Procures Assault Breacher Vehicles, Combat Dozer 

Blades, Full Width Mine Plows.

[30,000 ] 

012 M88 FOV MODS ................................................................................. 4,826 4,826 

013 JOINT ASSAULT BRIDGE ............................................................... 128,350 128,350 

014 M1 ABRAMS TANK (MOD) .............................................................. 248,826 419,826 

UFR: Completes the first Brigade set of Trophy (NDI APS) 

for Abrams w/ ERI OCO (1 APS Set).

[171,000 ] 

015 ABRAMS UPGRADE PROGRAM ..................................................... 275,000 650,000 

UFR: Recapitalization of 29 Abrams tanks to M1A2SEPv3 .... [375,000 ] 

WEAPONS & OTHER COMBAT VEHICLES 

018 M240 MEDIUM MACHINE GUN (7.62MM) ................................... 1,992 3,292 

UFR: Procures additional ........................................................... [1,300 ] 

019 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ... 6,520 26,520 

UFR: Procures M3E1 light weight Carl Gustaf weapon systems.[20,000 ] 

020 MORTAR SYSTEMS .......................................................................... 21,452 34,552 

UFR: Procures M121 120mm Mortars ....................................... [13,100 ] 

021 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 4,524 5,323 

UFR: Procures M320A1 40mm Grenade Launchers ................ [799 ] 

023 CARBINE ............................................................................................ 43,150 51,150 

UFR: Procures M4A1 carbines ................................................... [8,000 ] 

024 COMMON REMOTELY OPERATED WEAPONS STATION ......... 750 10,750 

UFR: Accelerate CROWS modifications .................................... [10,000 ] 

025 HANDGUN .......................................................................................... 8,326 8,704 

UFR: Procures Modular Handgun Systems .............................. [378 ] 

MOD OF WEAPONS AND OTHER COMBAT VEH 

026 MK–19 GRENADE MACHINE GUN MODS ................................... 2,000 2,000 

027 M777 MODS ........................................................................................ 3,985 89,772 

UFR: Funds M777 lightweight towed howitzers ...................... [85,787 ] 

028 M4 CARBINE MODS ......................................................................... 31,315 31,315 

029 M2 50 CAL MACHINE GUN MODS ................................................ 47,414 52,364 

UFR: Procures M2A1 .50cal machine ........................................ [2,350 ] 

UFR: Procures Mk93 MG mounts, M2A1 .50cal MGs, M205 

tripods.

[2,600 ] 

030 M249 SAW MACHINE GUN MODS ................................................ 3,339 3,339 

031 M240 MEDIUM MACHINE GUN MODS ........................................ 4,577 11,159 

UFR: Procures M192 tripods, M240B 7.62mm, M240L 

7.62mm, Gun Optics.

[6,582 ] 

032 SNIPER RIFLES MODIFICATIONS ................................................ 1,488 1,488 

033 M119 MODIFICATIONS .................................................................... 12,678 12,678 

034 MORTAR MODIFICATION ............................................................... 3,998 3,998 

035 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................ 2,219 2,219 

SUPPORT EQUIPMENT & FACILITIES 

036 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 5,075 7,775 

UFR: Procures M150 Rifle Combat Optic (RCO); M68 Close 

Combat Optics (CCO).

[2,700 ] 

037 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 992 992 

039 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................. 1,573 1,573 

UNDISTRIBUTED 

042 UNDISTRIBUTED ............................................................................. 1,200 

Security Force Assistance Brigade ............................................. [1,200 ] 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 2,423,608 3,912,404 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................... 39,767 46,867 

UFR: Additional ammunition ..................................................... [7,100 ] 

002 CTG, 7.62MM, ALL TYPES ............................................................... 46,804 61,704 


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131 STAT. 1932 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

UFR: Additional ammunition ..................................................... [14,900 ] 

003 CTG, HANDGUN, ALL TYPES ......................................................... 10,413 10,503 

UFR: Additional ammunition ..................................................... [90 ] 

004 CTG, .50 CAL, ALL TYPES ............................................................... 62,837 71,727 

UFR: Additional ammunition ..................................................... [8,890 ] 

005 CTG, 20MM, ALL TYPES .................................................................. 8,208 8,208 

006 CTG, 25MM, ALL TYPES .................................................................. 8,640 40,502 

UFR: Additional ammunition ..................................................... [31,862 ] 

007 CTG, 30MM, ALL TYPES .................................................................. 76,850 79,000 

UFR: Additional ammunition ..................................................... [2,150 ] 

008 CTG, 40MM, ALL TYPES .................................................................. 108,189 125,380 

UFR: Additional ammunition ..................................................... [17,191 ] 

MORTAR AMMUNITION 

009 60MM MORTAR, ALL TYPES .......................................................... 57,359 59,859 

UFR: Additional ammunition ..................................................... [2,500 ] 

010 81MM MORTAR, ALL TYPES .......................................................... 49,471 52,580 

Unfunded requirement ................................................................ [3,109 ] 

011 120MM MORTAR, ALL TYPES ........................................................ 91,528 109,720 

UFR: Additional 120mm ............................................................. [18,192 ] 

TANK AMMUNITION 

012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 133,500 173,800 

UFR: Additional Tank cartridge ................................................ [40,300 ] 

ARTILLERY AMMUNITION 

013 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........ 44,200 44,200 

014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 187,149 346,330 

UFR: Additional ammunition ..................................................... [159,181 ] 

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 49,000 232,500 

UFR: Excalibur ............................................................................ [183,500 ] 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 83,046 163,768 

UFR: Additional PGK, prop charges, artillery fuzes ................ [48,601 ] 

UFR: Required to execute simultaneous OPLAN ..................... [32,121 ] 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 3,942 6,942 

UFR: Additional ammunition ..................................................... [3,000 ] 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 5,000 66,881 

UFR: Additional rockets, grenades ............................................ [61,881 ] 

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 161,155 229,155 

UFR: Additional APKWS ............................................................ [68,000 ] 

OTHER AMMUNITION 

021 CAD/PAD, ALL TYPES ...................................................................... 7,441 7,441 

022 DEMOLITION MUNITIONS, ALL TYPES ...................................... 19,345 21,606 

UFR: Additional munitions ......................................................... [2,261 ] 

023 GRENADES, ALL TYPES ................................................................. 22,759 48,120 

UFR: Additional ammunition ..................................................... [25,361 ] 

024 SIGNALS, ALL TYPES ...................................................................... 2,583 3,412 

UFR: Additional signal munitions ............................................. [829 ] 

025 SIMULATORS, ALL TYPES ............................................................. 13,084 13,534 

UFR: Additional signal munitions ............................................. [450 ] 

MISCELLANEOUS 

026 AMMO COMPONENTS, ALL TYPES .............................................. 12,237 12,237 

027 NON-LETHAL AMMUNITION, ALL TYPES .................................. 1,500 1,650 

UFR: Non-Lethal Hand Grenade Munitions ............................. [150 ] 

028 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 10,730 14,395 

UFR: Additional ammunition ..................................................... [3,665 ] 

029 AMMUNITION PECULIAR EQUIPMENT ...................................... 16,425 16,425 

030 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 15,221 15,221 

PRODUCTION BASE SUPPORT 

032 INDUSTRIAL FACILITIES ............................................................... 329,356 429,356 

UFR: Upgrade at GOCO Army ammuntion plants .................. [100,000 ] 

033 CONVENTIONAL MUNITIONS DEMILITARIZATION ................ 197,825 197,825 

034 ARMS INITIATIVE ............................................................................ 3,719 3,719 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 1,879,283 2,714,567 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS .............................................. 9,716 9,716 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1933 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

002 SEMITRAILERS, FLATBED: ............................................................ 14,151 36,151 

UFR: Procures 100 % of equipment shortage in Europe for 

M872.

[22,000 ] 

003 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 ........................................ 53,000 68,000 

UFR: Procures HMMWV ambulances ....................................... [15,000 ] 

004 GROUND MOBILITY VEHICLES (GMV) ....................................... 40,935 40,935 

006 JOINT LIGHT TACTICAL VEHICLE .............................................. 804,440 804,440 

007 TRUCK, DUMP, 20T (CCE) .............................................................. 967 967 

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 78,650 241,944 

UFR: Procures vehicles ............................................................... [154,100 ] 

Unfunded requirement—trailers ................................................ [9,194 ] 

009 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 19,404 19,404 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 81,656 88,784 

UFR: Procures Forward Repair Systems (FRS) ........................ [7,128 ] 

011 PLS ESP .............................................................................................. 7,129 59,729 

UFR: Provides transportion of ammunition and break-bulk 

cargo.

[52,600 ] 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 112,250 

Unfunded requirement ................................................................ [112,250 ] 

013 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 43,040 43,040 

014 MODIFICATION OF IN SVC EQUIP .............................................. 83,940 157,792 

UFR: Additional Buffalo and MMPV ......................................... [73,852 ] 

NON-TACTICAL VEHICLES 

016 HEAVY ARMORED SEDAN ............................................................. 269 269 

017 PASSENGER CARRYING VEHICLES ............................................ 1,320 1,320 

018 NONTACTICAL VEHICLES, OTHER ............................................. 6,964 6,964 

COMM—JOINT COMMUNICATIONS 

019 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 420,492 420,492 

020 SIGNAL MODERNIZATION PROGRAM ........................................ 92,718 92,718 

021 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ................. 150,497 227,997 

Program reduction ....................................................................... [–10,000 ] 

Unfunded requirement ................................................................ [87,500 ] 

022 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY ...... 6,065 6,065 

023 JCSE EQUIPMENT (USREDCOM) .................................................. 5,051 5,051 

COMM—SATELLITE COMMUNICATIONS 

024 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 161,383 161,383 

025 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.62,600 62,600 

026 SHF TERM .......................................................................................... 11,622 11,622 

028 SMART-T (SPACE) ............................................................................. 6,799 6,799 

029 GLOBAL BRDCST SVC—GBS .......................................................... 7,065 7,065 

031 ENROUTE MISSION COMMAND (EMC) ....................................... 21,667 21,667 

COMM—COMBAT SUPPORT COMM 

033 MOD-IN-SERVICE PROFILER ......................................................... 70 70 

COMM—C3 SYSTEM 

034 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ....................... 2,658 2,658 

COMM—COMBAT COMMUNICATIONS 

036 HANDHELD MANPACK SMALL FORM FIT (HMS) .................... 355,351 363,760 

Unfunded requirement ................................................................ [8,409 ] 

037 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ........... 25,100 25,100 

038 RADIO TERMINAL SET, MIDS LVT(2) .......................................... 11,160 11,160 

040 TRACTOR DESK ................................................................................ 2,041 2,041 

041 TRACTOR RIDE ................................................................................. 5,534 13,734 

UFR: Procurement of Offensive Cyber Operations ................... [8,200 ] 

042 SPIDER APLA REMOTE CONTROL UNIT .................................... 996 996 

043 SPIDER FAMILY OF NETWORKED MUNITIONS INCR ............ 4,500 6,858 

UFR: Procures SPIDER INC 1A systems .................................. [2,358 ] 

045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 4,411 4,411 

046 UNIFIED COMMAND SUITE .......................................................... 15,275 15,275 

047 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ..... 15,964 15,964 

COMM—INTELLIGENCE COMM 

049 CI AUTOMATION ARCHITECTURE .............................................. 9,560 9,560 

050 DEFENSE MILITARY DECEPTION INITIATIVE ......................... 4,030 4,030 

INFORMATION SECURITY 

054 COMMUNICATIONS SECURITY (COMSEC) ................................ 107,804 130,667 

UFR: Security Data System and End Cyrptographic Units .... [22,863 ] 

055 DEFENSIVE CYBER OPERATIONS ............................................... 53,436 61,436 


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131 STAT. 1934 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

UFR: Funds Deployable DCO Systems for COMPO 2&3 

Cyber Protection Teams.

[8,000 ] 

056 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ....... 690 690 

057 PERSISTENT CYBER TRAINING ENVIRONMENT ..................... 4,000 4,000 

COMM—LONG HAUL COMMUNICATIONS 

058 BASE SUPPORT COMMUNICATIONS ........................................... 43,751 43,751 

COMM—BASE COMMUNICATIONS 

059 INFORMATION SYSTEMS ............................................................... 118,101 118,101 

060 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,490 4,490 

061 HOME STATION MISSION COMMAND CENTERS (HSMCC) ... 20,050 20,050 

062 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 186,251 186,251 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

065 JTT/CIBS-M ........................................................................................ 12,154 19,754 

UFR: Procures critical spare parts ............................................ [7,600 ] 

068 DCGS-A (MIP) .................................................................................... 274,782 274,782 

070 TROJAN (MIP) ................................................................................... 16,052 29,212 

UFR: Procures TROJAN SPIRIT ............................................... [13,160 ] 

071 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 51,034 51,034 

072 CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................ 7,815 7,815 

073 CLOSE ACCESS TARGET RECONNAISSANCE (CATR) ............. 8,050 8,050 

074 MACHINE FOREIGN LANGUAGE TRANSLATION SYSTEM-M 567 567 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 20,459 20,459 

077 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................ 5,805 5,805 

078 AIR VIGILANCE (AV) ....................................................................... 5,348 5,348 

079 CREW .................................................................................................. 17,500 

Unfunded requirement—EOD DR SKOs ................................... [17,500 ] 

080 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ...... 5,000 

Unfunded requirement ................................................................ [5,000 ] 

081 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 469 469 

082 CI MODERNIZATION ....................................................................... 285 285 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

083 SENTINEL MODS ............................................................................. 28,491 100,491 

UFR: Procures additional Sentinal Radars ............................... [72,000 ] 

084 NIGHT VISION DEVICES ................................................................ 166,493 229,389 

UFR: Accelerates fielding of the LTLM ..................................... [15,749 ] 

Unfunded requirement—grow the Army ................................... [47,147 ] 

085 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 13,947 16,097 

UFR: Procures Small Tactical Optical Rifle Mounted laser 

range finder.

[2,150 ] 

087 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 21,380 598,613 

UFR: IFPC/Avernger Battalions and Warn Suites ................... [577,233 ] 

088 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 59,105 59,105 

089 ARTILLERY ACCURACY EQUIP .................................................... 2,129 2,129 

091 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 282,549 342,649 

UFR: Replenishes Joint Battle Command- Platform ............... [60,100 ] 

092 JOINT EFFECTS TARGETING SYSTEM (JETS) .......................... 48,664 48,664 

093 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 5,198 5,198 

094 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 8,117 8,117 

095 MORTAR FIRE CONTROL SYSTEM .............................................. 31,813 47,513 

UFR: Procures Mortar Fire Control systems (M95, M96) ........ [15,700 ] 

096 COUNTERFIRE RADARS ................................................................. 329,057 393,257 

UFR: Procures AN/TPQ–53 Counterfire Target Acquisition 

Radar System.

[64,200 ] 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

097 FIRE SUPPORT C2 FAMILY ............................................................ 8,700 13,458 

UFR: Additional Advanced Field Artillery Tactical Data System (AFATDS).[4,758 ] 

098 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 26,635 123,613 

UFR: Supports fielding (AMD) mission command assets to a 

Army Corps HQ.

[96,978 ] 

100 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 1,992 1,992 

101 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 15,179 15,179 

102 MANEUVER CONTROL SYSTEM (MCS) ....................................... 132,572 137,174 

UFR: Tactical Mission Command Equipment ........................... [4,602 ] 

103 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........... 37,201 37,201 

104 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP .... 16,140 16,140 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1935 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

105 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ..... 6,093 20,848 

UFR: Procures Engineer Instrument Set Field Reconnaissance and Survey Kits.[14,755 ] 

106 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................... 1,134 1,134 

ELECT EQUIP—AUTOMATION 

107 ARMY TRAINING MODERNIZATION ............................................ 11,575 11,575 

108 AUTOMATED DATA PROCESSING EQUIP .................................. 91,983 91,983 

109 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM .... 4,465 4,465 

110 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................... 66,363 66,363 

111 CONTRACT WRITING SYSTEM ...................................................... 1,001 1,001 

112 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 26,183 26,183 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

113 TACTICAL DIGITAL MEDIA ........................................................... 4,441 4,441 

114 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............... 3,414 16,414 

UFR: Accelerate procurement of Global Positioning SystemSurvey.[3,000 ] 

UFR: Procures Automated Integrated Survey Instrument 

(AISI) systems.

[10,000 ] 

ELECT EQUIP—SUPPORT 

115 PRODUCTION BASE SUPPORT (C-E) ............................................ 499 499 

116 BCT EMERGING TECHNOLOGIES ................................................ 25,050 25,050 

CLASSIFIED PROGRAMS 

116A CLASSIFIED PROGRAMS ................................................................ 4,819 4,819 

CHEMICAL DEFENSIVE EQUIPMENT 

117 PROTECTIVE SYSTEMS .................................................................. 1,613 1,613 

118 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 9,696 9,696 

120 CBRN DEFENSE ............................................................................... 11,110 11,110 

BRIDGING EQUIPMENT 

121 TACTICAL BRIDGING ...................................................................... 16,610 16,610 

122 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 21,761 43,761 

UFR: Procures Bridge Erection Boats ....................................... [22,000 ] 

124 COMMON BRIDGE TRANSPORTER (CBT) RECAP ..................... 21,046 61,446 

UFR: Procure Common Bridge Transporters ............................ [40,400 ] 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

125 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,000 10,600 

UFR: Procures hand held mine detectors .................................. [5,600 ] 

126 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .......... 32,442 43,242 

UFR: Equipment for 15th and 16th ABCT ............................... [10,800 ] 

127 AREA MINE DETECTION SYSTEM (AMDS) ................................ 10,571 10,571 

128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) ................... 21,695 24,095 

UFR: Procures Husky Mounted Detection System ................... [2,400 ] 

129 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 4,516 19,616 

UFR: Procures M160s ................................................................. [15,100 ] 

130 EOD ROBOTICS SYSTEMS RECAPITALIZATION ....................... 10,073 15,073 

UFR: Procures the Talon 5A robot ............................................. [5,000 ] 

131 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 3,000 3,000 

133 REMOTE DEMOLITION SYSTEMS ................................................ 5,847 7,039 

UFR: Procures Radio Frequency Remote Activated Munitions [1,192 ] 

134 < $5M, COUNTERMINE EQUIPMENT ........................................... 1,530 1,530 

135 FAMILY OF BOATS AND MOTORS ............................................... 4,302 4,302 

COMBAT SERVICE SUPPORT EQUIPMENT 

136 HEATERS AND ECU’S ...................................................................... 7,405 16,461 

UFR: Procures Improved Environmental Control Units .......... [9,056 ] 

137 SOLDIER ENHANCEMENT ............................................................. 1,095 1,095 

138 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 5,390 5,390 

139 GROUND SOLDIER SYSTEM .......................................................... 38,219 42,808 

UFR: Procures NETT Warrior .................................................... [4,589 ] 

140 MOBILE SOLDIER POWER ............................................................. 10,456 12,018 

UFR: Procures ISPDS-C systems for a Security Forces Assistance Bde.[1,562 ] 

142 FIELD FEEDING EQUIPMENT ...................................................... 15,340 29,740 

UFR: BCT support equipment .................................................... [14,400 ] 

143 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 30,607 30,607 

144 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 10,426 18,900 

UFR: Engineering equipment ..................................................... [8,474 ] 

PETROLEUM EQUIPMENT 

146 QUALITY SURVEILLANCE EQUIPMENT .................................... 6,903 6,903 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1936 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

147 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 47,597 47,597 

MEDICAL EQUIPMENT 

148 COMBAT SUPPORT MEDICAL ....................................................... 43,343 43,343 

MAINTENANCE EQUIPMENT 

149 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 33,774 47,070 

UFR: Shop equipment ................................................................. [13,296 ] 

150 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................ 2,728 3,682 

UFR: Additional equipment for growing Army ......................... [954 ] 

CONSTRUCTION EQUIPMENT 

151 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ...................................... 989 15,719 

UFR: Procures 48 Graders for the 16th ABCT ......................... [14,730 ] 

152 SCRAPERS, EARTHMOVING .......................................................... 11,180 11,180 

154 TRACTOR, FULL TRACKED ............................................................ 48,679 

Unfunded requirement—T9 Dozers ........................................... [48,679 ] 

155 ALL TERRAIN CRANES ................................................................... 8,935 11,935 

UFR: Procures cranes to support bridging assets .................... [3,000 ] 

157 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 64,339 84,899 

UFR: Procures HMEE for the 16th ABCT ................................ [20,560 ] 

158 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP ......... 2,563 2,563 

160 CONST EQUIP ESP ........................................................................... 19,032 26,032 

UFR: Procures Engineer Mission Module—Water Distributors and 31 Vibratory Rollers.[7,000 ] 

161 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................. 6,899 11,911 

UFR: Procures 2 Vibratory Plate Compactors (VPC) for the 

16th ABCT.

[5,012 ] 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

162 ARMY WATERCRAFT ESP .............................................................. 20,110 20,110 

163 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ..................................... 2,877 2,877 

GENERATORS 

164 GENERATORS AND ASSOCIATED EQUIP ................................... 115,635 132,845 

UFR: Additional equipment for growing Army ......................... [17,210 ] 

165 TACTICAL ELECTRIC POWER RECAPITALIZATION ................ 7,436 7,436 

MATERIAL HANDLING EQUIPMENT 

166 FAMILY OF FORKLIFTS .................................................................. 9,000 10,635 

UFR: Procures additonal 5K LCRTF ......................................... [1,635 ] 

TRAINING EQUIPMENT 

167 COMBAT TRAINING CENTERS SUPPORT ................................... 88,888 126,638 

Unfunded requirement ................................................................ [37,750 ] 

168 TRAINING DEVICES, NONSYSTEM .............................................. 285,989 285,989 

169 CLOSE COMBAT TACTICAL TRAINER ......................................... 45,718 45,718 

170 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 30,568 30,568 

171 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 5,406 5,406 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

172 CALIBRATION SETS EQUIPMENT ................................................ 5,564 5,564 

173 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 30,144 30,144 

174 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 7,771 7,771 

OTHER SUPPORT EQUIPMENT 

175 M25 STABILIZED BINOCULAR ...................................................... 3,956 3,956 

176 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 5,000 10,000 

UFR: Support 10 initiatives per year ........................................ [5,000 ] 

177 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 60,047 60,047 

178 BASE LEVEL COMMON EQUIPMENT .......................................... 13,239 13,239 

179 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 60,192 99,432 

UFR: Additional support equipment .......................................... [39,240 ] 

180 PRODUCTION BASE SUPPORT (OTH) .......................................... 2,271 2,271 

181 SPECIAL EQUIPMENT FOR USER TESTING .............................. 5,319 5,319 

182 TRACTOR YARD ................................................................................ 5,935 5,935 

OPA2 

184 INITIAL SPARES—C&E ................................................................... 38,269 38,269 

UNDISTRIBUTED 

185 UNDISTRIBUTED ............................................................................. 56,000 

Security Force Assistance Brigade ............................................. [56,000 ] 

TOTAL OTHER PROCUREMENT, ARMY ...................... 6,469,331 8,485,056 

JOINT IMPROVISED-THREAT DEFEAT FUND 

NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE ....................... 14,442 14,442 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1937 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

TOTAL JOINT IMPROVISED-THREAT DEFEAT 

FUND.

14,442 14,442 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

002 F/A–18E/F (FIGHTER) HORNET ..................................................... 1,200,146 1,939,146 

UFR: Additional F/A–18 E/F Super Hornets ............................ [739,000 ] 

003 ADVANCE PROCUREMENT (CY) ............................................... 52,971 52,971 

004 JOINT STRIKE FIGHTER CV .......................................................... 582,324 1,382,324 

UFR: Additional F–35C (Navy) .................................................. [540,000 ] 

UFR: Additional F–35C (USMC) ................................................ [260,000 ] 

005 ADVANCE PROCUREMENT (CY) ............................................... 263,112 263,112 

006 JSF STOVL ......................................................................................... 2,398,139 2,923,739 

UFR: Additional F–35B .............................................................. [525,600 ] 

007 ADVANCE PROCUREMENT (CY) ............................................... 413,450 413,450 

008 CH–53K (HEAVY LIFT) .................................................................... 567,605 567,605 

009 ADVANCE PROCUREMENT (CY) ............................................... 147,046 147,046 

010 V–22 (MEDIUM LIFT) ....................................................................... 677,404 1,199,404 

UFR: Additional MV–22/V–22 .................................................... [166,000 ] 

UFR: Additional MV–22B ........................................................... [356,000 ] 

011 ADVANCE PROCUREMENT (CY) ............................................... 27,422 27,422 

012 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 678,429 898,929 

UFR: Additional AH–1Z .............................................................. [220,500 ] 

013 ADVANCE PROCUREMENT (CY) ............................................... 42,082 42,082 

016 P–8A POSEIDON ............................................................................... 1,245,251 1,751,751 

UFR: Additional P–8A Poseidon ................................................ [506,500 ] 

017 ADVANCE PROCUREMENT (CY) ............................................... 140,333 140,333 

018 E–2D ADV HAWKEYE ...................................................................... 733,910 733,910 

019 ADVANCE PROCUREMENT (CY) ............................................... 102,026 102,026 

OTHER AIRCRAFT 

022 KC–130J .............................................................................................. 129,577 484,877 

UFR: Additional KC–130J .......................................................... [355,300 ] 

023 ADVANCE PROCUREMENT (CY) ............................................... 25,497 25,497 

024 MQ–4 TRITON .................................................................................... 522,126 517,126 

Excess cost growth ...................................................................... [–5,000 ] 

025 ADVANCE PROCUREMENT (CY) ............................................... 57,266 57,266 

026 MQ–8 UAV .......................................................................................... 49,472 49,472 

027 STUASL0 UAV ................................................................................... 880 60,080 

UFR: Procure additional aircraft ............................................... [59,200 ] 

MODIFICATION OF AIRCRAFT 

030 AEA SYSTEMS ................................................................................... 52,960 52,960 

031 AV–8 SERIES ..................................................................................... 43,555 43,555 

032 ADVERSARY ...................................................................................... 2,565 2,565 

033 F–18 SERIES ...................................................................................... 1,043,661 992,211 

F/A–18 Infrared Search and Track (IRST) Block 1 system ..... [–100,000 ] 

UFR: ALQ–214 USMC Retrofit .................................................. [32,550 ] 

UFR: ALR–67 Retrofit A-KITS and Partial B-Kits .................. [16,000 ] 

034 H–53 SERIES ...................................................................................... 38,712 38,712 

035 SH–60 SERIES ................................................................................... 95,333 95,333 

036 H–1 SERIES ........................................................................................ 101,886 101,886 

037 EP–3 SERIES ...................................................................................... 7,231 7,231 

038 P–3 SERIES ........................................................................................ 700 700 

039 E–2 SERIES ........................................................................................ 97,563 97,563 

040 TRAINER A/C SERIES ...................................................................... 8,184 8,184 

041 C–2A .................................................................................................... 18,673 18,673 

042 C–130 SERIES .................................................................................... 83,541 83,541 

043 FEWSG ................................................................................................ 630 630 

044 CARGO/TRANSPORT A/C SERIES .................................................. 10,075 10,075 

045 E–6 SERIES ........................................................................................ 223,508 223,508 

046 EXECUTIVE HELICOPTERS SERIES ............................................ 38,787 38,787 

047 SPECIAL PROJECT AIRCRAFT ...................................................... 8,304 8,304 

048 T–45 SERIES ...................................................................................... 148,071 148,071 

049 POWER PLANT CHANGES .............................................................. 19,827 19,827 

050 JPATS SERIES ................................................................................... 27,007 27,007 

051 COMMON ECM EQUIPMENT ......................................................... 146,642 146,642 

052 COMMON AVIONICS CHANGES .................................................... 123,507 123,507 

053 COMMON DEFENSIVE WEAPON SYSTEM ................................. 2,317 2,317 


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131 STAT. 1938 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

054 ID SYSTEMS ...................................................................................... 49,524 49,524 

055 P–8 SERIES ........................................................................................ 18,665 18,665 

056 MAGTF EW FOR AVIATION ............................................................ 10,111 10,111 

057 MQ–8 SERIES .................................................................................... 32,361 32,361 

059 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 228,321 228,321 

060 F–35 STOVL SERIES ........................................................................ 34,963 34,963 

061 F–35 CV SERIES ................................................................................ 31,689 31,689 

062 QRC ..................................................................................................... 24,766 24,766 

063 MQ–4 SERIES .................................................................................... 39,996 39,996 

AIRCRAFT SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS ........................................................ 1,681,914 1,882,514 

UFR: F–35B Spares ..................................................................... [32,600 ] 

UFR: Fund to max executable .................................................... [168,000 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

065 COMMON GROUND EQUIPMENT ................................................. 388,052 405,552 

UFR: F/A–18C/D Training Systems ........................................... [17,500 ] 

066 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 24,613 24,613 

067 WAR CONSUMABLES ...................................................................... 39,614 39,614 

068 OTHER PRODUCTION CHARGES .................................................. 1,463 1,463 

069 SPECIAL SUPPORT EQUIPMENT ................................................. 48,500 48,500 

070 FIRST DESTINATION TRANSPORTATION .................................. 1,976 1,976 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 15,056,235 18,945,985 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ............................................................................ 1,143,595 1,143,595 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .............................................. 7,086 7,086 

STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................... 134,375 134,375 

TACTICAL MISSILES 

004 AMRAAM ............................................................................................ 197,109 209,109 

UFR: Munitions Wholeness ........................................................ [12,000 ] 

005 SIDEWINDER .................................................................................... 79,692 79,692 

006 JSOW ................................................................................................... 5,487 5,487 

007 STANDARD MISSILE ....................................................................... 510,875 510,875 

008 SMALL DIAMETER BOMB II .......................................................... 20,968 20,968 

009 RAM ..................................................................................................... 58,587 106,587 

UFR: Additional RAM BLK II .................................................... [48,000 ] 

010 JOINT AIR GROUND MISSILE (JAGM) ......................................... 3,789 3,789 

013 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........ 3,122 12,522 

UFR: AGM–176A Griffin Missile Qualifications ....................... [9,400 ] 

014 AERIAL TARGETS ............................................................................ 124,757 124,757 

015 OTHER MISSILE SUPPORT ............................................................ 3,420 3,420 

016 LRASM ................................................................................................ 74,733 74,733 

MODIFICATION OF MISSILES 

017 ESSM ................................................................................................... 74,524 74,524 

019 HARPOON MODS .............................................................................. 17,300 17,300 

020 HARM MODS ..................................................................................... 183,368 183,368 

021 STANDARD MISSILES MODS ......................................................... 11,729 11,729 

SUPPORT EQUIPMENT & FACILITIES 

022 WEAPONS INDUSTRIAL FACILITIES .......................................... 4,021 4,021 

023 FLEET SATELLITE COMM FOLLOW-ON ..................................... 46,357 46,357 

ORDNANCE SUPPORT EQUIPMENT 

025 ORDNANCE SUPPORT EQUIPMENT ............................................ 47,159 47,159 

TORPEDOES AND RELATED EQUIP 

026 SSTD .................................................................................................... 5,240 5,240 

027 MK–48 TORPEDO .............................................................................. 44,771 70,871 

MK 48 HWT ................................................................................. [26,100 ] 

028 ASW TARGETS .................................................................................. 12,399 12,399 

MOD OF TORPEDOES AND RELATED EQUIP 

029 MK–54 TORPEDO MODS ................................................................. 104,044 104,044 

030 MK–48 TORPEDO ADCAP MODS ................................................... 38,954 38,954 

031 QUICKSTRIKE MINE ....................................................................... 10,337 10,337 

SUPPORT EQUIPMENT 

032 TORPEDO SUPPORT EQUIPMENT ............................................... 70,383 70,383 

033 ASW RANGE SUPPORT ................................................................... 3,864 3,864 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1939 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

DESTINATION TRANSPORTATION 

034 FIRST DESTINATION TRANSPORTATION .................................. 3,961 3,961 

GUNS AND GUN MOUNTS 

035 SMALL ARMS AND WEAPONS ....................................................... 11,332 11,332 

MODIFICATION OF GUNS AND GUN MOUNTS 

036 CIWS MODS ....................................................................................... 72,698 72,698 

037 COAST GUARD WEAPONS .............................................................. 38,931 38,931 

038 GUN MOUNT MODS ......................................................................... 76,025 76,025 

039 LCS MODULE WEAPONS ................................................................ 13,110 13,110 

040 CRUISER MODERNIZATION WEAPONS ...................................... 34,825 34,825 

041 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 16,925 16,925 

SPARES AND REPAIR PARTS 

043 SPARES AND REPAIR PARTS ........................................................ 110,255 110,255 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 3,420,107 3,515,607 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 34,882 34,882 

002 JDAM ................................................................................................... 57,343 57,343 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 79,318 79,318 

004 MACHINE GUN AMMUNITION ...................................................... 14,112 14,112 

005 PRACTICE BOMBS ........................................................................... 47,027 47,027 

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 57,718 57,718 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 65,908 65,908 

008 JATOS ................................................................................................. 2,895 2,895 

010 5 INCH/54 GUN AMMUNITION ...................................................... 22,112 22,112 

011 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 12,804 12,804 

012 OTHER SHIP GUN AMMUNITION ................................................ 41,594 41,594 

013 SMALL ARMS & LANDING PARTY AMMO .................................. 49,401 49,401 

014 PYROTECHNIC AND DEMOLITION .............................................. 9,495 9,495 

016 AMMUNITION LESS THAN $5 MILLION ..................................... 3,080 3,080 

MARINE CORPS AMMUNITION 

019 60MM, ALL TYPES ............................................................................ 11,000 

Unfunded requirement—Full range practice rounds ............... [11,000 ] 

020 MORTARS ........................................................................................... 24,118 24,118 

021 81MM, ALL TYPES ............................................................................ 14,500 

Unfunded requirement—Full range practice rounds ............... [14,500 ] 

023 DIRECT SUPPORT MUNITIONS .................................................... 64,045 64,045 

024 INFANTRY WEAPONS AMMUNITION .......................................... 91,456 91,456 

027 ARTILLERY, ALL TYPES ................................................................. 17,000 

Unfunded requirement—HE Training Rounds ......................... [17,000 ] 

029 COMBAT SUPPORT MUNITIONS .................................................. 11,788 11,788 

032 AMMO MODERNIZATION ............................................................... 17,862 17,862 

033 ARTILLERY MUNITIONS ................................................................ 79,427 79,427 

034 ITEMS LESS THAN $5 MILLION ................................................... 5,960 5,960 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 792,345 834,845 

SHIPBUILDING AND CONVERSION, NAVY 

FLEET BALLISTIC MISSILE SHIPS 

001 ADVANCE PROCUREMENT (CY) ............................................... 842,853 842,853 

OTHER WARSHIPS 

002 CARRIER REPLACEMENT PROGRAM .......................................... 4,441,772 4,441,772 

004 VIRGINIA CLASS SUBMARINE ...................................................... 3,305,315 3,305,315 

005 ADVANCE PROCUREMENT (CY) ............................................... 1,920,596 2,618,596 

3rd FY20 SSN, EOQ or SIB expansion ..................................... [698,000 ] 

006 CVN REFUELING OVERHAULS .................................................... 1,604,890 1,569,669 

AN/SPN–46 overhaul/upgrade cost growth ............................... [–3,126 ] 

AN/SPQ–9B radar unjustified request ...................................... [–2,746 ] 

IFF interrogator set unjustified request .................................... [–2,094 ] 

JPALS cost growth ...................................................................... [–555 ] 

UCLASS early to need ................................................................ [–26,700 ] 

007 ADVANCE PROCUREMENT (CY) ............................................... 75,897 75,897 

008 DDG 1000 ............................................................................................ 223,968 173,968 

Unjustified cost growth ............................................................... [–50,000 ] 

009 DDG–51 ............................................................................................... 3,499,079 5,283,079 

1 additional DDG for FY18–22 MYP contract .......................... [1,750,000 ] 

Ship Signal Exploitation Equipment ......................................... [34,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1940 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

010 ADVANCE PROCUREMENT (CY) ............................................... 90,336 340,336 

EOQ for FY18–22 MYP contract ................................................ [250,000 ] 

011 LITTORAL COMBAT SHIP ............................................................... 636,146 1,536,146 

LCS ............................................................................................... [900,000 ] 

AMPHIBIOUS SHIPS 

013 LPD–17 ................................................................................................ 1,500,000 

LX(R) or LPD–30 ......................................................................... [1,500,000 ] 

014 EXPEDITIONARY SEA BASE (ESB) ............................................... 635,000 

ESB ............................................................................................... [635,000 ] 

015 LHA REPLACEMENT ....................................................................... 1,710,927 1,710,927 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

018 TAO FLEET OILER ........................................................................... 465,988 465,988 

019 ADVANCE PROCUREMENT (CY) ............................................... 75,068 75,068 

020 TOWING, SALVAGE, AND RESCUE SHIP (ATS) ......................... 76,204 76,204 

023 LCU 1700 ............................................................................................ 31,850 31,850 

024 OUTFITTING ...................................................................................... 548,703 542,626 

Virginia class outfitting cost growth .......................................... [–1,689 ] 

Virginia class post-delivery cost growth .................................... [–4,388 ] 

025 SHIP TO SHORE CONNECTOR ...................................................... 212,554 524,554 

UFR: 5 additional Ship-to-Shore Connector .............................. [312,000 ] 

026 SERVICE CRAFT ............................................................................... 23,994 62,994 

UFR: Berthing barge ................................................................... [39,000 ] 

029 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 117,542 117,542 

032 CABLE SHIP ...................................................................................... 250,000 

Procure cable ship ....................................................................... [250,000 ] 

TOTAL SHIPBUILDING AND CONVERSION, NAVY .. 19,903,682 26,180,384 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

003 SURFACE POWER EQUIPMENT .................................................... 41,910 41,910 

004 HYBRID ELECTRIC DRIVE (HED) ................................................. 6,331 6,331 

GENERATORS 

005 SURFACE COMBATANT HM&E ..................................................... 27,392 27,392 

NAVIGATION EQUIPMENT 

006 OTHER NAVIGATION EQUIPMENT .............................................. 65,943 65,943 

PERISCOPES 

007 SUB PERISCOPES & IMAGING EQUIP ........................................ 29,000 

Submarine Warfare Federated Tactial Systems ....................... [29,000 ] 

OTHER SHIPBOARD EQUIPMENT 

008 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............. 151,240 151,240 

009 DDG MOD ........................................................................................... 603,355 650,864 

AWS upgrade kits unit cost growth ........................................... [–4,526 ] 

Conjunctive alteration definition and integration previously 

funded.

[–5,185 ] 

Destroyer modernization ............................................................. [65,000 ] 

DM013 installation insufficient budget justification ................ [–6,780 ] 

DVSS and wireless communications equipment insufficient 

budget justification.

[–1,000 ] 

010 FIREFIGHTING EQUIPMENT ........................................................ 15,887 15,887 

011 COMMAND AND CONTROL SWITCHBOARD .............................. 2,240 2,240 

012 LHA/LHD MIDLIFE ........................................................................... 30,287 30,287 

014 POLLUTION CONTROL EQUIPMENT ........................................... 17,293 17,293 

015 SUBMARINE SUPPORT EQUIPMENT .......................................... 27,990 27,990 

016 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 46,610 46,610 

017 LCS CLASS SUPPORT EQUIPMENT ............................................. 47,955 47,955 

018 SUBMARINE BATTERIES ............................................................... 17,594 17,594 

019 LPD CLASS SUPPORT EQUIPMENT ............................................. 61,908 61,908 

021 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 15,812 15,812 

022 DSSP EQUIPMENT ........................................................................... 4,178 4,178 

023 CG MODERNIZATION ...................................................................... 306,050 306,050 

024 LCAC ................................................................................................... 5,507 5,507 

025 UNDERWATER EOD PROGRAMS .................................................. 55,922 55,922 

026 ITEMS LESS THAN $5 MILLION ................................................... 96,909 96,909 

027 CHEMICAL WARFARE DETECTORS ............................................ 3,036 3,036 

028 SUBMARINE LIFE SUPPORT SYSTEM ........................................ 10,364 10,364 

REACTOR PLANT EQUIPMENT 

029 REACTOR POWER UNITS ............................................................... 324,925 324,925 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1941 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

030 REACTOR COMPONENTS ............................................................... 534,468 534,468 

OCEAN ENGINEERING 

031 DIVING AND SALVAGE EQUIPMENT .......................................... 10,619 10,619 

SMALL BOATS 

032 STANDARD BOATS ........................................................................... 46,094 46,094 

PRODUCTION FACILITIES EQUIPMENT 

034 OPERATING FORCES IPE ............................................................... 191,541 191,541 

OTHER SHIP SUPPORT 

036 LCS COMMON MISSION MODULES EQUIPMENT .................... 34,666 34,666 

037 LCS MCM MISSION MODULES ..................................................... 55,870 89,870 

UFR: Additional MCM USV ....................................................... [34,000 ] 

039 LCS SUW MISSION MODULES ...................................................... 52,960 52,960 

040 LCS IN-SERVICE MODERNIZATION ............................................. 74,426 158,426 

LCS Modernization ...................................................................... [84,000 ] 

LOGISTIC SUPPORT 

042 LSD MIDLIFE & MODERNIZATION .............................................. 89,536 49,536 

Contract cost savings .................................................................. [–40,000 ] 

SHIP SONARS 

043 SPQ–9B RADAR ................................................................................. 30,086 20,086 

Program underexecution ............................................................. [–10,000 ] 

044 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 102,222 102,222 

046 SSN ACOUSTIC EQUIPMENT ........................................................ 287,553 287,553 

047 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 13,653 13,653 

ASW ELECTRONIC EQUIPMENT 

049 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 21,449 21,449 

050 SSTD .................................................................................................... 12,867 12,867 

051 FIXED SURVEILLANCE SYSTEM .................................................. 300,102 300,102 

052 SURTASS ............................................................................................ 30,180 40,180 

UFR: 1 Additional ....................................................................... [10,000 ] 

ELECTRONIC WARFARE EQUIPMENT 

054 AN/SLQ–32 .......................................................................................... 240,433 240,433 

RECONNAISSANCE EQUIPMENT 

055 SHIPBOARD IW EXPLOIT ............................................................... 187,007 227,007 

UFR: 3 SSEE Increment F and Paragon/Graywing ................. [40,000 ] 

056 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 510 510 

OTHER SHIP ELECTRONIC EQUIPMENT 

058 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 23,892 23,892 

060 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 10,741 10,741 

061 ATDLS ................................................................................................. 38,016 38,016 

062 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 4,512 4,512 

063 MINESWEEPING SYSTEM REPLACEMENT ................................ 31,531 31,531 

064 SHALLOW WATER MCM ................................................................. 8,796 8,796 

065 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 15,923 15,923 

066 AMERICAN FORCES RADIO AND TV SERVICE ......................... 2,730 2,730 

067 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 6,889 6,889 

AVIATION ELECTRONIC EQUIPMENT 

070 ASHORE ATC EQUIPMENT ............................................................ 71,882 71,882 

071 AFLOAT ATC EQUIPMENT ............................................................. 44,611 44,611 

077 ID SYSTEMS ...................................................................................... 21,239 21,239 

078 NAVAL MISSION PLANNING SYSTEMS ...................................... 11,976 11,976 

OTHER SHORE ELECTRONIC EQUIPMENT 

080 TACTICAL/MOBILE C4I SYSTEMS ................................................ 32,425 32,425 

081 DCGS-N ............................................................................................... 13,790 13,790 

082 CANES ................................................................................................. 322,754 322,754 

083 RADIAC ............................................................................................... 10,718 10,718 

084 CANES-INTELL ................................................................................. 48,028 48,028 

085 GPETE ................................................................................................. 6,861 6,861 

086 MASF ................................................................................................... 8,081 8,081 

087 INTEG COMBAT SYSTEM TEST FACILITY ................................. 5,019 5,019 

088 EMI CONTROL INSTRUMENTATION ........................................... 4,188 4,188 

089 ITEMS LESS THAN $5 MILLION ................................................... 105,292 105,292 

SHIPBOARD COMMUNICATIONS 

090 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 23,695 23,695 

091 SHIP COMMUNICATIONS AUTOMATION ................................... 103,990 103,990 

092 COMMUNICATIONS ITEMS UNDER $5M .................................... 18,577 18,577 

SUBMARINE COMMUNICATIONS 

093 SUBMARINE BROADCAST SUPPORT ........................................... 29,669 29,669 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1942 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

094 SUBMARINE COMMUNICATION EQUIPMENT .......................... 86,204 86,204 

SATELLITE COMMUNICATIONS 

095 SATELLITE COMMUNICATIONS SYSTEMS ................................ 14,654 14,654 

096 NAVY MULTIBAND TERMINAL (NMT) ........................................ 69,764 69,764 

SHORE COMMUNICATIONS 

097 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 4,256 4,256 

CRYPTOGRAPHIC EQUIPMENT 

099 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 89,663 89,663 

100 MIO INTEL EXPLOITATION TEAM ............................................... 961 961 

CRYPTOLOGIC EQUIPMENT 

101 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 11,287 11,287 

OTHER ELECTRONIC SUPPORT 

110 COAST GUARD EQUIPMENT ......................................................... 36,584 36,584 

SONOBUOYS 

112 SONOBUOYS—ALL TYPES ............................................................. 173,616 173,616 

AIRCRAFT SUPPORT EQUIPMENT 

113 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 72,110 72,110 

114 AIRCRAFT SUPPORT EQUIPMENT ............................................... 108,482 108,482 

115 ADVANCED ARRESTING GEAR (AAG) ......................................... 10,900 10,900 

116 METEOROLOGICAL EQUIPMENT ................................................. 21,137 21,137 

117 DCRS/DPL ........................................................................................... 660 660 

118 AIRBORNE MINE COUNTERMEASURES .................................... 20,605 20,605 

119 AVIATION SUPPORT EQUIPMENT ............................................... 34,032 34,032 

SHIP GUN SYSTEM EQUIPMENT 

120 SHIP GUN SYSTEMS EQUIPMENT ............................................... 5,277 5,277 

SHIP MISSILE SYSTEMS EQUIPMENT 

121 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 272,359 272,359 

122 TOMAHAWK SUPPORT EQUIPMENT ........................................... 73,184 73,184 

FBM SUPPORT EQUIPMENT 

123 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 246,221 246,221 

ASW SUPPORT EQUIPMENT 

124 SSN COMBAT CONTROL SYSTEMS .............................................. 129,972 129,972 

125 ASW SUPPORT EQUIPMENT ......................................................... 23,209 23,209 

OTHER ORDNANCE SUPPORT EQUIPMENT 

126 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 15,596 15,596 

127 ITEMS LESS THAN $5 MILLION ................................................... 5,981 5,981 

OTHER EXPENDABLE ORDNANCE 

128 SUBMARINE TRAINING DEVICE MODS ..................................... 74,550 74,550 

130 SURFACE TRAINING EQUIPMENT .............................................. 83,022 83,022 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

131 PASSENGER CARRYING VEHICLES ............................................ 5,299 5,299 

132 GENERAL PURPOSE TRUCKS ....................................................... 2,946 2,946 

133 CONSTRUCTION & MAINTENANCE EQUIP ............................... 34,970 34,970 

134 FIRE FIGHTING EQUIPMENT ....................................................... 2,541 2,541 

135 TACTICAL VEHICLES ...................................................................... 19,699 19,699 

136 AMPHIBIOUS EQUIPMENT ............................................................ 12,162 12,162 

137 POLLUTION CONTROL EQUIPMENT ........................................... 2,748 2,748 

138 ITEMS UNDER $5 MILLION ........................................................... 18,084 18,084 

139 PHYSICAL SECURITY VEHICLES ................................................. 1,170 1,170 

SUPPLY SUPPORT EQUIPMENT 

141 SUPPLY EQUIPMENT ...................................................................... 21,797 21,797 

143 FIRST DESTINATION TRANSPORTATION .................................. 5,572 5,572 

144 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 482,916 482,916 

TRAINING DEVICES 

146 TRAINING AND EDUCATION EQUIPMENT ................................ 25,624 25,624 

COMMAND SUPPORT EQUIPMENT 

147 COMMAND SUPPORT EQUIPMENT ............................................. 59,076 55,765 

Consolidate requirements Navy Enterprise Resource Planning.[–3,311 ] 

149 MEDICAL SUPPORT EQUIPMENT ................................................ 4,383 4,383 

151 NAVAL MIP SUPPORT EQUIPMENT ............................................ 2,030 2,030 

152 OPERATING FORCES SUPPORT EQUIPMENT ........................... 7,500 7,500 

153 C4ISR EQUIPMENT .......................................................................... 4,010 4,010 

154 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 23,644 23,644 

155 PHYSICAL SECURITY EQUIPMENT ............................................. 101,982 101,982 

156 ENTERPRISE INFORMATION TECHNOLOGY ............................ 19,789 19,789 

OTHER 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1943 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

160 NEXT GENERATION ENTERPRISE SERVICE ............................. 104,584 104,584 

CLASSIFIED PROGRAMS 

161A CLASSIFIED PROGRAMS ................................................................ 23,707 23,707 

SPARES AND REPAIR PARTS 

161 SPARES AND REPAIR PARTS ........................................................ 278,565 278,565 

UNDISTRIBUTED 

162 UNDISTRIBUTED ............................................................................. 50,000 

Classified Project 0428 ................................................................ [50,000 ] 

TOTAL OTHER PROCUREMENT, NAVY ....................... 8,277,789 8,518,987 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ........................................................................................ 107,665 107,665 

002 AMPHIBIOUS COMBAT VEHICLE 1.1 .......................................... 161,511 161,511 

003 LAV PIP .............................................................................................. 17,244 17,244 

ARTILLERY AND OTHER WEAPONS 

004 EXPEDITIONARY FIRE SUPPORT SYSTEM ................................ 626 626 

005 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 20,259 20,259 

006 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 59,943 59,943 

007 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 19,616 19,616 

OTHER SUPPORT 

008 MODIFICATION KITS ...................................................................... 17,778 17,778 

GUIDED MISSILES 

010 GROUND BASED AIR DEFENSE ................................................... 9,432 9,432 

011 JAVELIN ............................................................................................. 41,159 41,159 

012 FOLLOW ON TO SMAW ................................................................... 25,125 25,125 

013 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............... 51,553 51,553 

COMMAND AND CONTROL SYSTEMS 

016 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 44,928 44,928 

REPAIR AND TEST EQUIPMENT 

017 REPAIR AND TEST EQUIPMENT .................................................. 33,056 33,056 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

020 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 17,644 37,844 

UFR: Night Optics for Sniper Rifle ............................................ [20,200 ] 

021 AIR OPERATIONS C2 SYSTEMS .................................................... 18,393 18,393 

RADAR + EQUIPMENT (NON-TEL) 

022 RADAR SYSTEMS ............................................................................. 12,411 12,411 

023 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................... 139,167 139,167 

024 RQ–21 UAS ......................................................................................... 77,841 77,841 

INTELL/COMM EQUIPMENT (NON-TEL) 

025 GCSS-MC ............................................................................................ 1,990 1,990 

026 FIRE SUPPORT SYSTEM ................................................................. 22,260 22,260 

027 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 55,759 55,759 

029 UNMANNED AIR SYSTEMS (INTEL) ............................................ 10,154 23,654 

UFR: Long Endurance Small UAS ............................................ [13,500 ] 

030 DCGS-MC ............................................................................................ 13,462 13,462 

031 UAS PAYLOADS ................................................................................ 14,193 14,193 

OTHER SUPPORT (NON-TEL) 

035 NEXT GENERATION ENTERPRISE NETWORK (NGEN) ........... 98,511 98,511 

036 COMMON COMPUTER RESOURCES ............................................ 66,894 66,894 

037 COMMAND POST SYSTEMS ........................................................... 186,912 206,912 

Additional NOTM-A Systems for emerging operational requirements.[20,000 ] 

038 RADIO SYSTEMS .............................................................................. 34,361 34,361 

039 COMM SWITCHING & CONTROL SYSTEMS ............................... 54,615 54,615 

040 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 44,455 44,455 

CLASSIFIED PROGRAMS 

040A CLASSIFIED PROGRAMS ................................................................ 4,214 4,214 

ADMINISTRATIVE VEHICLES 

042 COMMERCIAL CARGO VEHICLES ................................................ 66,951 66,951 

TACTICAL VEHICLES 

043 MOTOR TRANSPORT MODIFICATIONS ....................................... 21,824 21,824 

044 JOINT LIGHT TACTICAL VEHICLE .............................................. 233,639 233,639 

045 FAMILY OF TACTICAL TRAILERS ................................................ 1,938 1,938 

046 TRAILERS ........................................................................................... 10,282 10,282 

ENGINEER AND OTHER EQUIPMENT 

048 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 1,405 1,405 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1944 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

050 TACTICAL FUEL SYSTEMS ............................................................ 1,788 1,788 

051 POWER EQUIPMENT ASSORTED ................................................. 9,910 9,910 

052 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 5,830 5,830 

053 EOD SYSTEMS .................................................................................. 27,240 27,240 

MATERIALS HANDLING EQUIPMENT 

054 PHYSICAL SECURITY EQUIPMENT ............................................. 53,477 53,477 

GENERAL PROPERTY 

056 TRAINING DEVICES ........................................................................ 76,185 85,064 

UFR: ITESS-II Force on Force Training System ...................... [8,879 ] 

058 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 26,286 26,286 

059 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ........ 1,583 1,583 

OTHER SUPPORT 

060 ITEMS LESS THAN $5 MILLION ................................................... 7,716 7,716 

SPARES AND REPAIR PARTS 

062 SPARES AND REPAIR PARTS ........................................................ 35,640 35,640 

TOTAL PROCUREMENT, MARINE CORPS .................. 2,064,825 2,127,404 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ..................................................................................................... 4,544,684 5,634,684 

Additional Tooling in Support of Unfunded Priority ................ [60,000 ] 

UFR: Procure additional F–35As ............................................... [1,030,000 ] 

002 ADVANCE PROCUREMENT (CY) ............................................... 780,300 780,300 

002A O/A-X LIGHT ATTACK FIGHTER ................................................... 400,000 

O/A-X Light Attack Fighter ........................................................ [400,000 ] 

TACTICAL AIRLIFT 

003 KC–46A TANKER .............................................................................. 2,545,674 2,945,674 

UFR: Procure KC–46 ................................................................... [400,000 ] 

OTHER AIRLIFT 

004 C–130J ................................................................................................. 57,708 159,708 

Technical adjustments for Weapon System Trainers ............... [102,000 ] 

006 HC–130J .............................................................................................. 198,502 298,502 

UFR: Procure HC–130s ............................................................... [100,000 ] 

008 MC–130J ............................................................................................. 379,373 979,373 

UFR: Procures MC–130s ............................................................. [600,000 ] 

009 ADVANCE PROCUREMENT (CY) ............................................... 30,000 30,000 

MISSION SUPPORT AIRCRAFT 

012 CIVIL AIR PATROL A/C ................................................................... 2,695 2,695 

OTHER AIRCRAFT 

014 TARGET DRONES ............................................................................. 109,841 109,841 

017 MQ–9 ................................................................................................... 117,141 117,141 

017A COMPASS CALL ................................................................................ 108,173 

Technical adjustment .................................................................. [108,173 ] 

STRATEGIC AIRCRAFT 

018 B–2A .................................................................................................... 96,727 96,727 

019 B–1B .................................................................................................... 155,634 121,634 

Excess funding ............................................................................. [–34,000 ] 

020 B–52 ..................................................................................................... 109,295 109,295 

021 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 4,046 4,046 

TACTICAL AIRCRAFT 

022 A–10 ..................................................................................................... 6,010 109,010 

UFR: A–10 Wings ........................................................................ [103,000 ] 

023 F–15 ..................................................................................................... 417,193 417,193 

024 F–16 ..................................................................................................... 203,864 203,864 

025 F–22A .................................................................................................. 161,630 161,630 

026 ADVANCE PROCUREMENT (CY) ............................................... 15,000 15,000 

027 F–35 MODIFICATIONS ..................................................................... 68,270 68,270 

028 INCREMENT 3.2B ............................................................................. 105,756 105,756 

030 KC–46A TANKER .............................................................................. 6,213 6,213 

AIRLIFT AIRCRAFT 

031 C–5 ....................................................................................................... 36,592 36,592 

032 C–5M .................................................................................................... 6,817 6,817 

033 C–17A .................................................................................................. 125,522 125,522 

034 C–21 ..................................................................................................... 13,253 13,253 

035 C–32A .................................................................................................. 79,449 79,449 

036 C–37A .................................................................................................. 15,423 15,423 

037 C–130J ................................................................................................. 10,727 0 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1945 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

Technical adjustments ................................................................ [–10,727 ] 

TRAINER AIRCRAFT 

038 GLIDER MODS .................................................................................. 136 136 

039 T–6 ....................................................................................................... 35,706 35,706 

040 T–1 ....................................................................................................... 21,477 21,477 

041 T–38 ..................................................................................................... 51,641 51,641 

OTHER AIRCRAFT 

042 U–2 MODS .......................................................................................... 36,406 36,406 

043 KC–10A (ATCA) .................................................................................. 4,243 4,243 

044 C–12 ..................................................................................................... 5,846 5,846 

045 VC–25A MOD ...................................................................................... 52,107 52,107 

046 C–40 ..................................................................................................... 31,119 31,119 

047 C–130 ................................................................................................... 66,310 195,310 

C–130H NP2000 Prop ................................................................. [55,000 ] 

C–130H T56 3.5 ........................................................................... [74,000 ] 

048 C–130J MODS .................................................................................... 171,230 181,957 

Technical adjustments ................................................................ [10,727 ] 

049 C–135 ................................................................................................... 69,428 69,428 

050 OC–135B ............................................................................................. 23,091 23,091 

051 COMPASS CALL MODS .................................................................... 166,541 102,968 

Technical adjustment .................................................................. [–108,173 ] 

UFR: Avionics Viability Program (AVP) upgrades ................... [10,000 ] 

UFR: Expected disconnect in air vehicle ................................... [10,000 ] 

UFR: Mission and support equipment ....................................... [24,600 ] 

052 COMBAT FLIGHT INSPECTION (CFIN) ....................................... 495 495 

053 RC–135 ................................................................................................ 201,559 201,559 

054 E–3 ....................................................................................................... 189,772 189,772 

055 E–4 ....................................................................................................... 30,493 30,493 

056 E–8 ....................................................................................................... 13,232 13,232 

057 AIRBORNE WARNING AND CONTROL SYSTEM ....................... 164,786 164,786 

058 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 24,716 24,716 

059 H–1 ....................................................................................................... 3,730 3,730 

060 H–60 ..................................................................................................... 75,989 92,089 

Unfunded requirement ................................................................ [16,100 ] 

061 RQ–4 MODS ........................................................................................ 43,968 101,868 

HA-ISR Payload Adapters .......................................................... [18,300 ] 

UFR: Replace RQ–4 TFT Antennas ........................................... [39,600 ] 

062 HC/MC–130 MODIFICATIONS ........................................................ 67,674 67,674 

063 OTHER AIRCRAFT ............................................................................ 59,068 59,068 

065 MQ–9 MODS ....................................................................................... 264,740 264,740 

066 CV–22 MODS ...................................................................................... 60,990 60,990 

AIRCRAFT SPARES AND REPAIR PARTS 

067 INITIAL SPARES/REPAIR PARTS .................................................. 1,041,569 1,121,169 

Additional F–35 Initial Spares ................................................... [79,600 ] 

COMMON SUPPORT EQUIPMENT 

068 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 75,846 75,846 

069 OTHER PRODUCTION CHARGES .................................................. 8,524 8,524 

071 T–53A TRAINER ................................................................................ 501 501 

POST PRODUCTION SUPPORT 

072 B–2A .................................................................................................... 447 447 

073 B–2A .................................................................................................... 38,509 38,509 

074 B–52 ..................................................................................................... 199 199 

075 C–17A .................................................................................................. 12,028 12,028 

078 RC–135 ................................................................................................ 29,700 29,700 

079 F–15 ..................................................................................................... 20,000 20,000 

080 F–15 ..................................................................................................... 2,524 2,524 

081 F–16 ..................................................................................................... 18,051 5,651 

Program reduction ....................................................................... [–12,400 ] 

082 F–22A .................................................................................................. 119,566 119,566 

083 OTHER AIRCRAFT ............................................................................ 85,000 85,000 

085 RQ–4 POST PRODUCTION CHARGES .......................................... 86,695 86,695 

086 CV–22 MODS ...................................................................................... 4,500 4,500 

INDUSTRIAL PREPAREDNESS 

087 INDUSTRIAL RESPONSIVENESS .................................................. 14,739 30,739 

Program increase ......................................................................... [16,000 ] 

088 C–130J ................................................................................................. 102,000 0 

Technical adjustments for Weapon System Trainers ............... [–102,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1946 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

WAR CONSUMABLES 

089 WAR CONSUMABLES ...................................................................... 37,647 37,647 

OTHER PRODUCTION CHARGES 

090 OTHER PRODUCTION CHARGES .................................................. 1,339,160 1,339,160 

092 OTHER AIRCRAFT ............................................................................ 600 600 

CLASSIFIED PROGRAMS 

092A CLASSIFIED PROGRAMS ................................................................ 53,212 53,212 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 15,430,849 18,420,649 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 99,098 99,098 

TACTICAL 

002 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 441,367 441,367 

003 LRASM0 .............................................................................................. 44,728 61,728 

UFR: Long Range Anti-Ship Missile (LRASM) ......................... [17,000 ] 

004 SIDEWINDER (AIM–9X) ................................................................... 125,350 125,350 

005 AMRAAM ............................................................................................ 304,327 304,327 

006 PREDATOR HELLFIRE MISSILE ................................................... 34,867 34,867 

007 SMALL DIAMETER BOMB .............................................................. 266,030 266,030 

INDUSTRIAL FACILITIES 

008 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 926 926 

CLASS IV 

009 ICBM FUZE MOD .............................................................................. 6,334 6,334 

010 MM III MODIFICATIONS ................................................................. 80,109 80,109 

011 AGM–65D MAVERICK ...................................................................... 289 289 

013 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 36,425 36,425 

014 SMALL DIAMETER BOMB .............................................................. 14,086 14,086 

MISSILE SPARES AND REPAIR PARTS 

015 INITIAL SPARES/REPAIR PARTS .................................................. 101,153 101,153 

SPECIAL PROGRAMS 

020 SPECIAL UPDATE PROGRAMS ...................................................... 44,917 44,917 

CLASSIFIED PROGRAMS 

020A CLASSIFIED PROGRAMS ................................................................ 708,176 708,176 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 2,308,182 2,325,182 

SPACE PROCUREMENT, AIR FORCE 

SPACE PROGRAMS 

001 ADVANCED EHF ............................................................................... 56,974 56,974 

002 AF SATELLITE COMM SYSTEM .................................................... 57,516 57,516 

003 COUNTERSPACE SYSTEMS ........................................................... 28,798 28,798 

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 146,972 146,972 

005 WIDEBAND GAPFILLER SATELLITES(SPACE) .......................... 80,849 80,849 

006 GPS III SPACE SEGMENT ............................................................... 85,894 85,894 

007 GLOBAL POSTIONING (SPACE) .................................................... 2,198 2,198 

008 SPACEBORNE EQUIP (COMSEC) .................................................. 25,048 25,048 

010 MILSATCOM ...................................................................................... 33,033 33,033 

011 EVOLVED EXPENDABLE LAUNCH CAPABILITY ...................... 957,420 957,420 

012 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...................... 606,488 606,488 

013 SBIR HIGH (SPACE) ......................................................................... 981,009 1,054,809 

UFR: SBIRS equipment .............................................................. [73,800 ] 

014 ADVANCE PROCUREMENT (CY) ............................................... 132,420 132,420 

015 NUDET DETECTION SYSTEM ....................................................... 6,370 6,370 

016 SPACE MODS ..................................................................................... 37,203 37,203 

017 SPACELIFT RANGE SYSTEM SPACE ........................................... 113,874 113,874 

SSPARES 

018 INITIAL SPARES/REPAIR PARTS .................................................. 18,709 18,709 

TOTAL SPACE PROCUREMENT, AIR FORCE ............. 3,370,775 3,444,575 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 147,454 147,454 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 161,744 161,744 

BOMBS 

003 PRACTICE BOMBS ........................................................................... 28,509 28,509 

004 GENERAL PURPOSE BOMBS ......................................................... 329,501 329,501 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1947 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

005 MASSIVE ORDNANCE PENETRATOR (MOP) .............................. 38,382 38,382 

006 JOINT DIRECT ATTACK MUNITION ............................................ 319,525 319,525 

007 B61 ....................................................................................................... 77,068 77,068 

008 ADVANCE PROCUREMENT (CY) ............................................... 11,239 11,239 

OTHER ITEMS 

009 CAD/PAD ............................................................................................. 53,469 53,469 

010 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 5,921 5,921 

011 SPARES AND REPAIR PARTS ........................................................ 678 678 

012 MODIFICATIONS .............................................................................. 1,409 1,409 

013 ITEMS LESS THAN $5 MILLION ................................................... 5,047 5,047 

FLARES 

015 FLARES ............................................................................................... 143,983 143,983 

FUZES 

016 FUZES ................................................................................................. 24,062 24,062 

SMALL ARMS 

017 SMALL ARMS .................................................................................... 28,611 28,611 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

1,376,602 1,376,602 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 15,651 15,651 

CARGO AND UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 54,607 67,907 

Unfunded requirement ................................................................ [13,300 ] 

003 CAP VEHICLES ................................................................................. 1,011 1,011 

004 CARGO AND UTILITY VEHICLES ................................................. 28,670 78,020 

Unfunded requirement ................................................................ [49,350 ] 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ........................................ 59,398 69,362 

UFR: Set the Theater initiative, PACOM ................................. [9,964 ] 

006 SPECIAL PURPOSE VEHICLES ..................................................... 19,784 30,391 

Unfunded requirement ................................................................ [10,607 ] 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 14,768 14,768 

MATERIALS HANDLING EQUIPMENT 

008 MATERIALS HANDLING VEHICLES ............................................ 13,561 59,089 

UFR: Set the Theater (StT) PACOM ......................................... [45,528 ] 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP ......................... 3,429 11,550 

Unfunded requirement ................................................................ [8,121 ] 

010 BASE MAINTENANCE SUPPORT VEHICLES ............................. 60,075 73,305 

UFR: Set the Theater (StT) PACOM ......................................... [13,230 ] 

COMM SECURITY EQUIPMENT(COMSEC) 

011 COMSEC EQUIPMENT ..................................................................... 115,000 123,000 

UFR: Cyber Squadron Initiative ................................................ [8,000 ] 

INTELLIGENCE PROGRAMS 

013 INTERNATIONAL INTEL TECH & ARCHITECTURES ............... 22,335 22,335 

014 INTELLIGENCE TRAINING EQUIPMENT ................................... 5,892 5,892 

015 INTELLIGENCE COMM EQUIPMENT .......................................... 34,072 34,072 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS .................................. 66,143 104,843 

UFR: Cyber Squadron Initiative (WSCR) .................................. [6,000 ] 

UFR: Deployable Radar Approach Control ............................... [16,500 ] 

UFR: D-ILS Procurement ........................................................... [16,200 ] 

017 NATIONAL AIRSPACE SYSTEM .................................................... 12,641 12,641 

018 BATTLE CONTROL SYSTEM—FIXED ........................................... 6,415 7,815 

UFR: Battle Control System (BCS) Tech Refresh .................... [1,400 ] 

019 THEATER AIR CONTROL SYS IMPROVEMENTS ....................... 23,233 23,233 

020 WEATHER OBSERVATION FORECAST ........................................ 40,116 40,116 

021 STRATEGIC COMMAND AND CONTROL ..................................... 72,810 72,810 

022 CHEYENNE MOUNTAIN COMPLEX ............................................. 9,864 9,864 

023 MISSION PLANNING SYSTEMS .................................................... 15,486 15,486 

025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) ..... 9,187 9,187 

SPCL COMM-ELECTRONICS PROJECTS 

026 GENERAL INFORMATION TECHNOLOGY .................................. 51,826 51,826 

027 AF GLOBAL COMMAND & CONTROL SYS .................................. 3,634 3,634 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1948 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

028 MOBILITY COMMAND AND CONTROL ....................................... 10,083 10,083 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 201,866 219,866 

Unfunded requirement—Intrusion Detection Systems ............ [18,000 ] 

030 COMBAT TRAINING RANGES ........................................................ 115,198 115,198 

031 MINIMUM ESSENTIAL EMERGENCY COMM N ........................ 292 292 

032 WIDE AREA SURVEILLANCE (WAS) ............................................ 62,087 62,087 

033 C3 COUNTERMEASURES ................................................................ 37,764 37,764 

034 GCSS-AF FOS ..................................................................................... 2,826 2,826 

035 DEFENSE ENTERPRISE ACCOUNTING AND MGMT SYSTEM 1,514 1,514 

036 THEATER BATTLE MGT C2 SYSTEM ........................................... 9,646 9,646 

037 AIR & SPACE OPERATIONS CTR-WPN SYS ................................ 25,533 25,533 

AIR FORCE COMMUNICATIONS 

040 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........ 28,159 28,159 

041 AFNET ................................................................................................. 160,820 186,820 

UFR: ARAD Enterprise Software .............................................. [26,000 ] 

042 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 5,135 5,135 

043 USCENTCOM ..................................................................................... 18,719 18,719 

ORGANIZATION AND BASE 

044 TACTICAL C-E EQUIPMENT .......................................................... 123,206 123,206 

045 COMBAT SURVIVOR EVADER LOCATER .................................... 3,004 3,004 

046 RADIO EQUIPMENT ......................................................................... 15,736 15,736 

047 CCTV/AUDIOVISUAL EQUIPMENT ............................................... 5,480 5,480 

048 BASE COMM INFRASTRUCTURE .................................................. 130,539 130,539 

MODIFICATIONS 

049 COMM ELECT MODS ....................................................................... 70,798 70,798 

PERSONAL SAFETY & RESCUE EQUIP 

051 ITEMS LESS THAN $5 MILLION ................................................... 52,964 116,864 

UFR: Battlefield Airman Combat Equipment ........................... [59,400 ] 

UFR: Procure Parachute Phantom Oxygen System ................. [500 ] 

Unfunded requirements .............................................................. [4,000 ] 

DEPOT PLANT+MTRLS HANDLING EQ 

052 MECHANIZED MATERIAL HANDLING EQUIP ........................... 10,381 10,381 

BASE SUPPORT EQUIPMENT 

053 BASE PROCURED EQUIPMENT .................................................... 15,038 20,038 

Program increase—Civil Engineers Construction, Surveying, 

and Mapping Equipment.

[5,000 ] 

054 ENGINEERING AND EOD EQUIPMENT ...................................... 26,287 58,837 

Unfunded requirement ................................................................ [32,550 ] 

055 MOBILITY EQUIPMENT .................................................................. 8,470 45,150 

UFR: Basic Expeditionary Airfield Resources spare requirements in support of the Set the Theater, PACOM.[36,680 ] 

056 ITEMS LESS THAN $5 MILLION ................................................... 28,768 28,768 

SPECIAL SUPPORT PROJECTS 

058 DARP RC135 ....................................................................................... 25,985 25,985 

059 DCGS-AF ............................................................................................. 178,423 178,423 

061 SPECIAL UPDATE PROGRAM ........................................................ 881,980 881,980 

CLASSIFIED PROGRAMS 

062A CLASSIFIED PROGRAMS ................................................................ 16,848,568 16,848,568 

SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS ........................................................ 26,675 26,675 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 19,891,552 20,271,882 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, OSD 

042 MAJOR EQUIPMENT, OSD ............................................................. 36,999 36,999 

MAJOR EQUIPMENT, NSA 

041 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 5,938 5,938 

MAJOR EQUIPMENT, WHS 

045 MAJOR EQUIPMENT, WHS ............................................................ 10,529 10,529 

MAJOR EQUIPMENT, DISA 

007 INFORMATION SYSTEMS SECURITY .......................................... 24,805 24,805 

008 TELEPORT PROGRAM ..................................................................... 46,638 46,638 

009 ITEMS LESS THAN $5 MILLION ................................................... 15,541 15,541 

010 NET CENTRIC ENTERPRISE SERVICES (NCES) ....................... 1,161 1,161 

011 DEFENSE INFORMATION SYSTEM NETWORK ......................... 126,345 126,345 

012 CYBER SECURITY INITIATIVE ..................................................... 1,817 1,817 

013 WHITE HOUSE COMMUNICATION AGENCY ............................. 45,243 45,243 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1949 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

014 SENIOR LEADERSHIP ENTERPRISE ........................................... 294,139 294,139 

016 JOINT REGIONAL SECURITY STACKS (JRSS) ........................... 188,483 188,483 

017 JOINT SERVICE PROVIDER ........................................................... 100,783 100,783 

MAJOR EQUIPMENT, DLA 

019 MAJOR EQUIPMENT ....................................................................... 2,951 2,951 

MAJOR EQUIPMENT, DSS 

023 MAJOR EQUIPMENT ....................................................................... 1,073 1,073 

MAJOR EQUIPMENT, DCAA 

001 ITEMS LESS THAN $5 MILLION ................................................... 1,475 1,475 

MAJOR EQUIPMENT, TJS 

043 MAJOR EQUIPMENT, TJS ............................................................... 9,341 9,341 

044 MAJOR EQUIPMENT, TJS—CE2T2 ............................................... 903 903 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

027 THAAD ................................................................................................ 960,732 960,732 

027A GROUND BASED MIDCOURSE ...................................................... 180,000 180,000 

027B ADVANCE PROCUREMENT (CY) ............................................... 88,000 88,000 

028 AEGIS BMD ........................................................................................ 876,018 876,018 

029 ADVANCE PROCUREMENT (CY) ............................................... 38,738 38,738 

030 BMDS AN/TPY–2 RADARS ............................................................... 11,947 11,947 

031 ARROW UPPER TIER ....................................................................... 120,000 

Program increase for co-production ........................................... [120,000 ] 

032 DAVID’S SLING ................................................................................. 120,000 

Program increase for co-production ........................................... [120,000 ] 

033 AEGIS ASHORE PHASE III ............................................................. 59,739 59,739 

034 IRON DOME ....................................................................................... 42,000 92,000 

Increase for Co-production of Iron Dome Tamir interceptors .. [50,000 ] 

035 AEGIS BMD HARDWARE AND SOFTWARE ................................ 160,330 160,330 

MAJOR EQUIPMENT, DHRA 

003 PERSONNEL ADMINISTRATION ................................................... 14,588 14,588 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 

AGENCY 

025 VEHICLES .......................................................................................... 204 204 

026 OTHER MAJOR EQUIPMENT ......................................................... 12,363 12,363 

MAJOR EQUIPMENT, DODEA 

021 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 1,910 1,910 

MAJOR EQUIPMENT, DCMA 

002 MAJOR EQUIPMENT ....................................................................... 4,347 4,347 

MAJOR EQUIPMENT, DMACT 

020 MAJOR EQUIPMENT ....................................................................... 13,464 13,464 

CLASSIFIED PROGRAMS 

045A CLASSIFIED PROGRAMS ................................................................ 657,759 657,759 

AVIATION PROGRAMS 

049 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 158,988 145,488 

SOCOM requested transfer ........................................................ [–13,500 ] 

050 UNMANNED ISR ............................................................................... 13,295 13,295 

051 NON-STANDARD AVIATION ........................................................... 4,892 4,892 

052 U–28 ..................................................................................................... 5,769 5,769 

053 MH–47 CHINOOK .............................................................................. 87,345 87,345 

055 CV–22 MODIFICATION .................................................................... 42,178 42,178 

057 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 21,660 21,660 

059 PRECISION STRIKE PACKAGE ..................................................... 229,728 229,728 

060 AC/MC–130J ....................................................................................... 179,934 179,934 

061 C–130 MODIFICATIONS .................................................................. 28,059 28,059 

SHIPBUILDING 

062 UNDERWATER SYSTEMS ............................................................... 92,606 79,806 

SOCOM requested transfer ........................................................ [–12,800 ] 

AMMUNITION PROGRAMS 

063 ORDNANCE ITEMS <$5M ................................................................ 112,331 112,331 

OTHER PROCUREMENT PROGRAMS 

064 INTELLIGENCE SYSTEMS ............................................................. 82,538 82,538 

065 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 11,042 11,042 

066 OTHER ITEMS <$5M ........................................................................ 54,592 54,592 

067 COMBATANT CRAFT SYSTEMS .................................................... 23,272 23,272 

068 SPECIAL PROGRAMS ....................................................................... 16,053 16,053 

069 TACTICAL VEHICLES ...................................................................... 63,304 63,304 

070 WARRIOR SYSTEMS <$5M .............................................................. 252,070 252,070 

071 COMBAT MISSION REQUIREMENTS ........................................... 19,570 19,570 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1950 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

072 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................... 3,589 3,589 

073 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 17,953 17,953 

075 OPERATIONAL ENHANCEMENTS ................................................ 241,429 254,679 

UFR: Medium Precision Strike munitions ................................ [13,250 ] 

CBDP 

076 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ........... 135,031 135,031 

077 CB PROTECTION & HAZARD MITIGATION ................................ 141,027 141,027 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 6,074,558 6,351,508 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 99,795 0 

Program reduction ....................................................................... [–99,795 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS 

FUND.

99,795 0 

NATIONAL GUARD AND RESERVE EQUIPMENT 

UNDISTRIBUTED 

007 UNDISTRIBUTED ............................................................................. 250,000 

Program increase ......................................................................... [250,000 ] 

TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT.250,000 

TOTAL PROCUREMENT .................................................... 116,406,908 137,311,332 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

004 MQ–1 UAV .......................................................................................... 87,300 87,300 

ROTARY 

006 AH–64 APACHE BLOCK IIIA REMAN ........................................... 39,040 39,040 

MODIFICATION OF AIRCRAFT 

015 MQ–1 PAYLOAD (MIP) ..................................................................... 41,400 41,400 

018 MULTI SENSOR ABN RECON (MIP) ............................................. 33,475 33,475 

023 EMARSS SEMA MODS (MIP) .......................................................... 36,000 36,000 

027 COMMS, NAV SURVEILLANCE ...................................................... 4,289 4,289 

GROUND SUPPORT AVIONICS 

033 CMWS .................................................................................................. 139,742 139,742 

034 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 43,440 43,440 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 424,686 424,686 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY ............................................................. 278,073 278,073 

ANTI-TANK/ASSAULT MISSILE SYS 

008 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 8,112 8,112 

009 TOW 2 SYSTEM SUMMARY ............................................................ 3,907 3,907 

011 GUIDED MLRS ROCKET (GMLRS) ................................................ 191,522 191,522 

013 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 41,000 41,000 

014 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS ..... 8,669 8,669 

MODIFICATIONS 

018 STINGER MODS ................................................................................ 28,000 28,000 

TOTAL MISSILE PROCUREMENT, ARMY .................... 559,283 559,283 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 BRADLEY PROGRAM ....................................................................... 200,000 200,000 

002 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 253,903 253,903 

MODIFICATION OF TRACKED COMBAT VEHICLES 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1951 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

006 BRADLEY PROGRAM (MOD) .......................................................... 30,000 30,000 

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 125,736 125,736 

014 M1 ABRAMS TANK (MOD) .............................................................. 138,700 138,700 

015 ABRAMS UPGRADE PROGRAM ..................................................... 442,800 442,800 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 1,191,139 1,191,139 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

003 CTG, HANDGUN, ALL TYPES ......................................................... 5 5 

004 CTG, .50 CAL, ALL TYPES ............................................................... 121 121 

005 CTG, 20MM, ALL TYPES .................................................................. 1,605 1,605 

007 CTG, 30MM, ALL TYPES .................................................................. 35,000 35,000 

ARTILLERY AMMUNITION 

015 PROJ 155MM EXTENDED RANGE M982 ...................................... 23,234 23,234 

016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 20,023 20,023 

MINES 

017 MINES & CLEARING CHARGES, ALL TYPES ............................. 11,615 11,615 

ROCKETS 

019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 25,000 25,000 

020 ROCKET, HYDRA 70, ALL TYPES .................................................. 75,820 75,820 

OTHER AMMUNITION 

024 SIGNALS, ALL TYPES ...................................................................... 1,013 1,013 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 193,436 193,436 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 25,874 25,874 

012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 38,628 38,628 

014 MODIFICATION OF IN SVC EQUIP .............................................. 64,647 64,647 

015 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ....... 17,508 17,508 

COMM—JOINT COMMUNICATIONS 

020 SIGNAL MODERNIZATION PROGRAM ........................................ 4,900 4,900 

COMM—COMBAT COMMUNICATIONS 

041 TRACTOR RIDE ................................................................................. 1,000 1,000 

COMM—BASE COMMUNICATIONS 

062 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 2,500 2,500 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

068 DCGS-A (MIP) .................................................................................... 39,515 39,515 

070 TROJAN (MIP) ................................................................................... 21,310 21,310 

071 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 2,300 2,300 

072 CI HUMINT AUTO REPRTING AND COLL(CHARCS) ................ 14,460 14,460 

075 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) ............ 5,180 5,180 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

080 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITIE ...... 16,935 16,935 

081 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 18,874 18,874 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

084 NIGHT VISION DEVICES ................................................................ 377 377 

085 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 60 60 

087 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ............. 57,500 57,500 

093 MOD OF IN-SVC EQUIP (LLDR) ..................................................... 3,974 3,974 

095 MORTAR FIRE CONTROL SYSTEM .............................................. 2,947 2,947 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

098 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 9,100 9,100 

CHEMICAL DEFENSIVE EQUIPMENT 

119 BASE DEFENSE SYSTEMS (BDS) .................................................. 3,726 3,726 

COMBAT SERVICE SUPPORT EQUIPMENT 

136 HEATERS AND ECU’S ...................................................................... 270 270 

142 FIELD FEEDING EQUIPMENT ...................................................... 145 145 

143 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 1,980 1,980 

MEDICAL EQUIPMENT 

148 COMBAT SUPPORT MEDICAL ....................................................... 25,690 25,690 

MAINTENANCE EQUIPMENT 

149 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 1,124 1,124 

CONSTRUCTION EQUIPMENT 

153 HYDRAULIC EXCAVATOR .............................................................. 3,850 3,850 

157 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) .................. 1,932 1,932 

GENERATORS 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1952 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

164 GENERATORS AND ASSOCIATED EQUIP ................................... 569 569 

TRAINING EQUIPMENT 

168 TRAINING DEVICES, NONSYSTEM .............................................. 2,700 2,700 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

173 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 7,500 7,500 

OTHER SUPPORT EQUIPMENT 

176 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 8,500 8,500 

TOTAL OTHER PROCUREMENT, ARMY ...................... 405,575 405,575 

JOINT IMPROVISED-THREAT DEFEAT FUND 

NETWORK ATTACK 

001 RAPID ACQUISITION AND THREAT RESPONSE ....................... 483,058 483,058 

TOTAL JOINT IMPROVISED-THREAT DEFEAT 

FUND.

483,058 483,058 

AIRCRAFT PROCUREMENT, NAVY 

OTHER AIRCRAFT 

027 STUASL0 UAV ................................................................................... 3,900 3,900 

MODIFICATION OF AIRCRAFT 

034 H–53 SERIES ...................................................................................... 950 950 

035 SH–60 SERIES ................................................................................... 15,382 15,382 

037 EP–3 SERIES ...................................................................................... 7,220 7,220 

047 SPECIAL PROJECT AIRCRAFT ...................................................... 19,855 19,855 

051 COMMON ECM EQUIPMENT ......................................................... 75,530 75,530 

062 QRC ..................................................................................................... 15,150 15,150 

AIRCRAFT SPARES AND REPAIR PARTS 

064 SPARES AND REPAIR PARTS ........................................................ 18,850 18,850 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

066 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 463 463 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 157,300 157,300 

WEAPONS PROCUREMENT, NAVY 

STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................... 100,086 100,086 

TACTICAL MISSILES 

007 STANDARD MISSILE ....................................................................... 35,208 35,208 

011 HELLFIRE .......................................................................................... 8,771 8,771 

012 LASER MAVERICK ........................................................................... 5,040 5,040 

MODIFICATION OF MISSILES 

017 ESSM ................................................................................................... 1,768 1,768 

GUNS AND GUN MOUNTS 

035 SMALL ARMS AND WEAPONS ....................................................... 1,500 1,500 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 152,373 152,373 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 74,021 74,021 

002 JDAM ................................................................................................... 106,941 106,941 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 1,184 1,184 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 15,700 15,700 

008 JATOS ................................................................................................. 540 540 

012 OTHER SHIP GUN AMMUNITION ................................................ 19,689 19,689 

013 SMALL ARMS & LANDING PARTY AMMO .................................. 1,963 1,963 

014 PYROTECHNIC AND DEMOLITION .............................................. 765 765 

016 AMMUNITION LESS THAN $5 MILLION ..................................... 866 866 

MARINE CORPS AMMUNITION 

020 MORTARS ........................................................................................... 1,290 1,290 

023 DIRECT SUPPORT MUNITIONS .................................................... 1,355 1,355 

024 INFANTRY WEAPONS AMMUNITION .......................................... 1,854 1,854 

033 ARTILLERY MUNITIONS ................................................................ 10,272 10,272 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 236,440 236,440 

OTHER PROCUREMENT, NAVY 

OTHER SHIPBOARD EQUIPMENT 

025 UNDERWATER EOD PROGRAMS .................................................. 12,348 12,348 

SMALL BOATS 

032 STANDARD BOATS ........................................................................... 18,000 18,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1953 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

SHIP SONARS 

046 SSN ACOUSTIC EQUIPMENT ........................................................ 43,500 43,500 

AVIATION ELECTRONIC EQUIPMENT 

078 NAVAL MISSION PLANNING SYSTEMS ...................................... 2,550 2,550 

OTHER SHORE ELECTRONIC EQUIPMENT 

080 TACTICAL/MOBILE C4I SYSTEMS ................................................ 7,900 7,900 

081 DCGS-N ............................................................................................... 6,392 6,392 

CRYPTOGRAPHIC EQUIPMENT 

100 MIO INTEL EXPLOITATION TEAM ............................................... 3,100 3,100 

CRYPTOLOGIC EQUIPMENT 

101 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 2,280 2,280 

AIRCRAFT SUPPORT EQUIPMENT 

119 AVIATION SUPPORT EQUIPMENT ............................................... 29,245 29,245 

SHIP MISSILE SYSTEMS EQUIPMENT 

121 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 2,436 2,436 

ASW SUPPORT EQUIPMENT 

125 ASW SUPPORT EQUIPMENT ......................................................... 28,400 28,400 

OTHER ORDNANCE SUPPORT EQUIPMENT 

126 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 31,970 31,970 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

132 GENERAL PURPOSE TRUCKS ....................................................... 496 496 

134 FIRE FIGHTING EQUIPMENT ....................................................... 2,304 2,304 

135 TACTICAL VEHICLES ...................................................................... 2,336 2,336 

SUPPLY SUPPORT EQUIPMENT 

141 SUPPLY EQUIPMENT ...................................................................... 164 164 

143 FIRST DESTINATION TRANSPORTATION .................................. 420 420 

COMMAND SUPPORT EQUIPMENT 

147 COMMAND SUPPORT EQUIPMENT ............................................. 21,650 21,650 

152 OPERATING FORCES SUPPORT EQUIPMENT ........................... 15,800 15,800 

154 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 1,000 1,000 

155 PHYSICAL SECURITY EQUIPMENT ............................................. 15,890 15,890 

CLASSIFIED PROGRAMS 

161A CLASSIFIED PROGRAMS ................................................................ 2,200 2,200 

SPARES AND REPAIR PARTS 

161 SPARES AND REPAIR PARTS ........................................................ 1,178 1,178 

TOTAL OTHER PROCUREMENT, NAVY ....................... 251,559 251,559 

PROCUREMENT, MARINE CORPS 

ARTILLERY AND OTHER WEAPONS 

006 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 5,360 5,360 

GUIDED MISSILES 

011 JAVELIN ............................................................................................. 2,833 2,833 

012 FOLLOW ON TO SMAW ................................................................... 49 49 

013 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............... 5,024 5,024 

REPAIR AND TEST EQUIPMENT 

017 REPAIR AND TEST EQUIPMENT .................................................. 8,241 8,241 

OTHER SUPPORT (TEL) 

019 MODIFICATION KITS ...................................................................... 750 750 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

020 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 200 200 

RADAR + EQUIPMENT (NON-TEL) 

024 RQ–21 UAS ......................................................................................... 8,400 8,400 

INTELL/COMM EQUIPMENT (NON-TEL) 

026 FIRE SUPPORT SYSTEM ................................................................. 50 50 

027 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 3,000 3,000 

OTHER SUPPORT (NON-TEL) 

037 COMMAND POST SYSTEMS ........................................................... 5,777 5,777 

038 RADIO SYSTEMS .............................................................................. 4,590 4,590 

ENGINEER AND OTHER EQUIPMENT 

053 EOD SYSTEMS .................................................................................. 21,000 21,000 

TOTAL PROCUREMENT, MARINE CORPS .................. 65,274 65,274 

AIRCRAFT PROCUREMENT, AIR FORCE 

OTHER AIRCRAFT 

017 MQ–9 ................................................................................................... 271,080 271,080 

AIRLIFT AIRCRAFT 

033 C–17A .................................................................................................. 26,850 26,850 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1954 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

OTHER AIRCRAFT 

048 C–130J MODS .................................................................................... 8,400 8,400 

051 COMPASS CALL MODS .................................................................... 56,720 56,720 

056 E–8 ....................................................................................................... 3,000 3,000 

062 HC/MC–130 MODIFICATIONS ........................................................ 153,080 153,080 

063 OTHER AIRCRAFT ............................................................................ 10,381 10,381 

065 MQ–9 MODS ....................................................................................... 56,400 56,400 

AIRCRAFT SPARES AND REPAIR PARTS 

067 INITIAL SPARES/REPAIR PARTS .................................................. 129,450 129,450 

COMMON SUPPORT EQUIPMENT 

068 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 25,417 25,417 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 740,778 740,778 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

006 PREDATOR HELLFIRE MISSILE ................................................... 294,480 294,480 

007 SMALL DIAMETER BOMB .............................................................. 90,920 90,920 

CLASS IV 

011 AGM–65D MAVERICK ...................................................................... 10,000 10,000 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 395,400 395,400 

SPACE PROCUREMENT, AIR FORCE 

SPACE PROGRAMS 

010 MILSATCOM ...................................................................................... 2,256 2,256 

TOTAL SPACE PROCUREMENT, AIR FORCE ............. 2,256 2,256 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 49,050 49,050 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 11,384 11,384 

BOMBS 

006 JOINT DIRECT ATTACK MUNITION ............................................ 390,577 390,577 

FLARES 

015 FLARES ............................................................................................... 3,498 3,498 

FUZES 

016 FUZES ................................................................................................. 47,000 47,000 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

501,509 501,509 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 3,855 3,855 

CARGO AND UTILITY VEHICLES 

004 CARGO AND UTILITY VEHICLES ................................................. 1,882 1,882 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ........................................ 1,100 1,100 

006 SPECIAL PURPOSE VEHICLES ..................................................... 32,479 32,479 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 22,583 22,583 

MATERIALS HANDLING EQUIPMENT 

008 MATERIALS HANDLING VEHICLES ............................................ 5,353 5,353 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV & CLEANING EQUIP ......................... 11,315 11,315 

010 BASE MAINTENANCE SUPPORT VEHICLES ............................. 40,451 40,451 

INTELLIGENCE PROGRAMS 

013 INTERNATIONAL INTEL TECH & ARCHITECTURES ............... 8,873 8,873 

015 INTELLIGENCE COMM EQUIPMENT .......................................... 2,000 2,000 

ELECTRONICS PROGRAMS 

016 AIR TRAFFIC CONTROL & LANDING SYS .................................. 56,500 56,500 

019 THEATER AIR CONTROL SYS IMPROVEMENTS ....................... 4,970 4,970 

SPCL COMM-ELECTRONICS PROJECTS 

029 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 3,000 3,000 

ORGANIZATION AND BASE 

048 BASE COMM INFRASTRUCTURE .................................................. 55,000 55,000 

PERSONAL SAFETY & RESCUE EQUIP 

051 ITEMS LESS THAN $5 MILLION ................................................... 8,469 8,469 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1955 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

BASE SUPPORT EQUIPMENT 

053 BASE PROCURED EQUIPMENT .................................................... 7,500 7,500 

054 ENGINEERING AND EOD EQUIPMENT ...................................... 80,427 80,427 

056 ITEMS LESS THAN $5 MILLION ................................................... 110,405 110,405 

SPECIAL SUPPORT PROJECTS 

058 DARP RC135 ....................................................................................... 700 700 

059 DCGS-AF ............................................................................................. 9,200 9,200 

CLASSIFIED PROGRAMS 

062A CLASSIFIED PROGRAMS ................................................................ 3,542,825 3,542,825 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 4,008,887 4,008,887 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

008 TELEPORT PROGRAM ..................................................................... 1,979 1,979 

018 DEFENSE INFORMATION SYSTEMS NETWORK ....................... 12,000 12,000 

CLASSIFIED PROGRAMS 

045A CLASSIFIED PROGRAMS ................................................................ 43,653 43,653 

AVIATION PROGRAMS 

046 MANNED ISR ..................................................................................... 15,900 15,900 

047 MC–12 .................................................................................................. 20,000 20,000 

050 UNMANNED ISR ............................................................................... 38,933 38,933 

051 NON-STANDARD AVIATION ........................................................... 9,600 9,600 

052 U–28 ..................................................................................................... 8,100 22,900 

Program increase—combat loss replacement ............................ [14,800 ] 

053 MH–47 CHINOOK .............................................................................. 10,270 10,270 

057 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 19,780 19,780 

061 C–130 MODIFICATIONS .................................................................. 3,750 3,750 

AMMUNITION PROGRAMS 

063 ORDNANCE ITEMS <$5M ................................................................ 62,643 62,643 

OTHER PROCUREMENT PROGRAMS 

064 INTELLIGENCE SYSTEMS ............................................................. 12,000 12,000 

069 TACTICAL VEHICLES ...................................................................... 38,527 38,527 

070 WARRIOR SYSTEMS <$5M .............................................................. 20,215 20,215 

073 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 7,134 7,134 

075 OPERATIONAL ENHANCEMENTS ................................................ 193,542 209,442 

Unfunded requirement- Joint Task Force Platform Expansion [15,900 ] 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 518,026 548,726 

TOTAL PROCUREMENT .................................................... 10,286,979 10,317,679 

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 2018 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH.12,010 12,010 

002 0601102A DEFENSE RESEARCH SCIENCES .................................. 263,590 263,590 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ........................ 67,027 67,027 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 87,395 92,395 

Basic research program increase ................................ [5,000 ] 

SUBTOTAL BASIC RESEARCH ................................ 430,022 435,022 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1956 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ............................................ 29,640 29,640 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .......... 35,730 35,730 

007 0602122A TRACTOR HIP .................................................................... 8,627 8,627 

008 0602211A AVIATION TECHNOLOGY ................................................ 66,086 66,086 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ..................... 27,144 27,144 

010 0602303A MISSILE TECHNOLOGY ................................................... 43,742 43,742 

011 0602307A ADVANCED WEAPONS TECHNOLOGY ......................... 22,785 22,785 

012 0602308A ADVANCED CONCEPTS AND SIMULATION ................ 28,650 28,650 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY.67,232 67,232 

014 0602618A BALLISTICS TECHNOLOGY ............................................ 85,309 85,309 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 

TECHNOLOGY.

4,004 4,004 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM .................. 5,615 5,615 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY .............. 41,455 41,455 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............. 58,352 60,352 

Program increase .......................................................... [2,000 ] 

019 0602709A NIGHT VISION TECHNOLOGY ....................................... 34,723 34,723 

020 0602712A COUNTERMINE SYSTEMS .............................................. 26,190 26,190 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY .... 24,127 24,127 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY .............. 21,678 21,678 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY.33,123 33,123 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............. 14,041 14,041 

025 0602784A MILITARY ENGINEERING TECHNOLOGY ................... 67,720 67,720 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 20,216 20,216 

027 0602786A WARFIGHTER TECHNOLOGY ........................................ 39,559 44,559 

Program increase .......................................................... [5,000 ] 

028 0602787A MEDICAL TECHNOLOGY ................................................. 83,434 83,434 

SUBTOTAL APPLIED RESEARCH .......................... 889,182 896,182 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................. 44,863 44,863 

030 0603002A MEDICAL ADVANCED TECHNOLOGY .......................... 67,780 67,780 

031 0603003A AVIATION ADVANCED TECHNOLOGY ......................... 160,746 160,746 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY.84,079 84,079 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 

TECHNOLOGY.

125,537 125,537 

034 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY .... 12,231 12,231 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.6,466 6,466 

036 0603009A TRACTOR HIKE ................................................................. 40,552 40,552 

037 0603015A NEXT GENERATION TRAINING & SIMULATION 

SYSTEMS.

16,434 16,434 

039 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT.26,903 26,903 

040 0603130A TRACTOR NAIL .................................................................. 4,880 4,880 

041 0603131A TRACTOR EGGS ................................................................. 4,326 4,326 

042 0603270A ELECTRONIC WARFARE TECHNOLOGY ..................... 31,296 31,296 

043 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY 62,850 64,850 

Simulation upgrades for land based anti-ship missile development.[2,000 ] 

044 0603322A TRACTOR CAGE ................................................................. 12,323 12,323 

045 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.182,331 182,331 

046 0603606A LANDMINE WARFARE AND BARRIER ADVANCED 

TECHNOLOGY.

17,948 17,948 

047 0603607A JOINT SERVICE SMALL ARMS PROGRAM .................. 5,796 5,796 

048 0603710A NIGHT VISION ADVANCED TECHNOLOGY ................ 47,135 47,135 

049 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.10,421 10,421 

050 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY.32,448 27,448 

Combat engineering system ......................................... [–5,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1957 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

051 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND 

SENSOR TECHNOLOGY.

52,206 52,206 

052 0603794A C3 ADVANCED TECHNOLOGY ....................................... 33,426 33,426 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.1,082,977 1,079,977 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

053 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 9,634 9,634 

055 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.42,649 42,649 

056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ..... 72,909 72,909 

057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING 

SYS-ADV DEV.

7,135 7,135 

058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ........... 41,452 72,352 

UFR: Munitions and CM development ....................... [24,450 ] 

Unfunded requirement—JLTV lethality 30mm upgrade.[4,000 ] 

Unfunded requirement—RF countermeasures .......... [2,450 ] 

059 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV ... 32,739 82,739 

Unfunded requirement ................................................. [50,000 ] 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................. 10,157 10,157 

061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV.27,733 29,353 

UFR: Funds of the Advanced Miniaturized Data Acquisition System-Next.

[1,620 ] 

062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.12,347 12,347 

063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/ 

VAL.

10,456 10,456 

064 0603790A NATO RESEARCH AND DEVELOPMENT ..................... 2,588 2,588 

065 0603801A AVIATION—ADV DEV ....................................................... 14,055 14,055 

066 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV 

DEV.

35,333 35,333 

067 0603807A MEDICAL SYSTEMS—ADV DEV ..................................... 33,491 33,491 

068 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ... 20,239 35,239 

Enhanced lightweight body armor and combat helmets technology.[15,000 ] 

069 0604017A ROBOTICS DEVELOPMENT ............................................ 39,608 39,608 

070 0604100A ANALYSIS OF ALTERNATIVES ...................................... 9,921 9,921 

071 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR.76,728 76,728 

072 0604115A TECHNOLOGY MATURATION INITIATIVES ............... 115,221 115,221 

073 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (MSHORAD).20,000 20,000 

074 0604118A TRACTOR BEAM ................................................................ 10,400 10,400 

075 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT).164,967 164,967 

076 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING.

1,600 1,600 

077 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2).11,303 11,303 

078 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE 

SUPPORT.

56,492 56,492 

079 1206308A ARMY SPACE SYSTEMS INTEGRATION ....................... 20,432 20,432 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.899,589 997,109 

SYSTEM DEVELOPMENT & DEMONSTRATION 

080 0604201A AIRCRAFT AVIONICS ....................................................... 30,153 42,153 

UFR: Funds implementation of Assured Position, 

Navigation, and Timing (A-PNT).

[12,000 ] 

081 0604270A ELECTRONIC WARFARE DEVELOPMENT ................... 71,671 71,671 

083 0604290A MID-TIER NETWORKING VEHICULAR RADIO 

(MNVR).

10,589 10,589 

084 0604321A ALL SOURCE ANALYSIS SYSTEM ................................. 4,774 4,774 

085 0604328A TRACTOR CAGE ................................................................. 17,252 30,252 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1958 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

UFR: Provides the Army’s Cyber Mission Force 

(CMF) with classified cyber tools.

[13,000 ] 

086 0604601A INFANTRY SUPPORT WEAPONS ................................... 87,643 88,793 

UFR: Acceleration of qualification of XM914 and 

XM913.

[6,000 ] 

XM–25 contract termination ........................................ [–4,850 ] 

087 0604604A MEDIUM TACTICAL VEHICLES ..................................... 6,039 6,039 

088 0604611A JAVELIN .............................................................................. 21,095 21,095 

089 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................. 10,507 10,507 

090 0604633A AIR TRAFFIC CONTROL .................................................. 3,536 3,536 

092 0604642A LIGHT TACTICAL WHEELED VEHICLES ..................... 7,000 7,000 

093 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG 

DEV.

36,242 36,242 

094 0604710A NIGHT VISION SYSTEMS—ENG DEV ........................... 108,504 126,004 

UFR: Develop Thermal Weapon Sights ...................... [17,500 ] 

095 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .. 3,702 3,702 

096 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV .......... 43,575 43,575 

097 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.28,726 28,726 

098 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.18,562 18,562 

099 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ..... 8,344 8,344 

100 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS 

(DIS)—ENG DEV.

11,270 11,270 

101 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) ....... 10,000 10,000 

102 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) 

CORE.

18,566 18,566 

103 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION.145,360 145,360 

104 0604802A WEAPONS AND MUNITIONS—ENG DEV ..................... 145,232 157,410 

UFR: 105mm Anti-Personnel / Wall Breach Ammunition.[8,000 ] 

UFR: Devops the 40mm Low Velocity M320 Door 

Breaching cartridge.

[4,178 ] 

105 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG 

DEV.

90,965 90,965 

106 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV.9,910 9,910 

107 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV.39,238 39,238 

108 0604808A LANDMINE WARFARE/BARRIER—ENG DEV .............. 34,684 34,684 

109 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE.164,409 164,409 

110 0604820A RADAR DEVELOPMENT ................................................... 32,968 32,968 

111 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM 

(GFEBS).

49,554 49,554 

112 0604823A FIREFINDER ....................................................................... 45,605 45,605 

113 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................. 16,127 16,127 

114 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD.98,600 133,600 

UFR: Expands installation of Active Protection Systems.[25,000 ] 

UFR: Modular Active Protection System .................... [10,000 ] 

115 0604854A ARTILLERY SYSTEMS—EMD .......................................... 1,972 3,972 

Unfunded requirement—IT3 demonstrator ................ [2,000 ] 

116 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ........ 81,776 81,776 

117 0605018A INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPPS-A).172,361 172,361 

118 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) ......... 199,778 199,778 

119 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE 

RESPONSE CAPABILITY (IGSSR-C).

4,418 4,418 

120 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ........... 15,877 15,877 

121 0605031A JOINT TACTICAL NETWORK (JTN) ............................... 44,150 44,150 

122 0605032A TRACTOR TIRE .................................................................. 34,670 113,570 

UFR: Develops Offensive Cyber Operations capabilities.[78,900 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1959 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

123 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE 

SYSTEM—EXPEDITIONARY (GBOSS-E).

5,207 5,207 

124 0605034A TACTICAL SECURITY SYSTEM (TSS) ............................ 4,727 4,727 

125 0605035A COMMON INFRARED COUNTERMEASURES 

(CIRCM).

105,778 105,778 

126 0605036A COMBATING WEAPONS OF MASS DESTRUCTION 

(CWMD).

6,927 6,927 

127 0605037A EVIDENCE COLLECTION AND DETAINEE PROCESSING.214 214 

128 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE.16,125 16,125 

129 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ................ 55,165 55,165 

130 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 20,076 20,076 

131 0605047A CONTRACT WRITING SYSTEM ....................................... 20,322 20,322 

132 0605049A MISSILE WARNING SYSTEM MODERNIZATION 

(MWSM).

55,810 210,810 

UFR: Supports Directed Requirement for Limited 

Interim Missile Warning System to detect Enemy 

(MANPADS).

[155,000 ] 

133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............. 30,879 30,879 

134 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2— 

BLOCK 1.

175,069 175,069 

135 0605053A GROUND ROBOTICS ......................................................... 70,760 70,760 

137 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) .......... 8,965 8,965 

138 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ................... 34,626 34,626 

140 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE 

(AIAMD).

336,420 252,320 

Program Reduction ....................................................... [–84,100 ] 

143 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) ....... 6,882 9,382 

UFR: Funds development for Remote Ground Terminal.[2,500 ] 

144 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.

23,467 23,467 

145 0605830A AVIATION GROUND SUPPORT EQUIPMENT .............. 6,930 6,930 

146 0210609A PALADIN INTEGRATED MANAGEMENT (PIM) ........... 6,112 6,112 

147 0303032A TROJAN—RH12 .................................................................. 4,431 4,431 

150 0304270A ELECTRONIC WARFARE DEVELOPMENT ................... 14,616 14,616 

151 1205117A TRACTOR BEARS ............................................................... 17,928 17,928 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.3,012,840 3,257,968 

RDT&E MANAGEMENT SUPPORT 

152 0604256A THREAT SIMULATOR DEVELOPMENT ........................ 22,862 22,862 

153 0604258A TARGET SYSTEMS DEVELOPMENT ............................. 13,902 13,902 

154 0604759A MAJOR T&E INVESTMENT ............................................. 102,901 102,901 

155 0605103A RAND ARROYO CENTER .................................................. 20,140 20,140 

156 0605301A ARMY KWAJALEIN ATOLL ............................................. 246,663 246,663 

157 0605326A CONCEPTS EXPERIMENTATION PROGRAM ............... 29,820 29,820 

159 0605601A ARMY TEST RANGES AND FACILITIES ....................... 307,588 307,588 

160 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND 

TARGETS.

49,242 49,242 

161 0605604A SURVIVABILITY/LETHALITY ANALYSIS ...................... 41,843 41,843 

162 0605606A AIRCRAFT CERTIFICATION ............................................ 4,804 4,804 

163 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.7,238 7,238 

164 0605706A MATERIEL SYSTEMS ANALYSIS ................................... 21,890 21,890 

165 0605709A EXPLOITATION OF FOREIGN ITEMS ........................... 12,684 12,684 

166 0605712A SUPPORT OF OPERATIONAL TESTING ....................... 51,040 51,040 

167 0605716A ARMY EVALUATION CENTER ........................................ 56,246 56,246 

168 0605718A ARMY MODELING & SIM X-CMD COLLABORATION 

& INTEG.

1,829 1,829 

169 0605801A PROGRAMWIDE ACTIVITIES .......................................... 55,060 55,060 

170 0605803A TECHNICAL INFORMATION ACTIVITIES .................... 33,934 33,934 

171 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS 

AND SAFETY.

43,444 43,444 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1960 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

172 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 

SUPPORT.

5,087 5,087 

173 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - 

MHA.

54,679 54,679 

174 0606001A MILITARY GROUND-BASED CREW TECHNOLOGY ... 7,916 7,916 

175 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE 

TEST SITE.

61,254 61,254 

176 0303260A DEFENSE MILITARY DECEPTION INITIATIVE .......... 1,779 1,779 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 1,253,845 1,253,845 

OPERATIONAL SYSTEMS DEVELOPMENT 

178 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ............. 8,929 8,929 

179 0603813A TRACTOR PULL ................................................................. 4,014 4,014 

180 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT ..................... 4,094 4,094 

181 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.15,738 15,738 

182 0607133A TRACTOR SMOKE ............................................................. 4,513 4,513 

183 0607134A LONG RANGE PRECISION FIRES (LRPF) ..................... 102,014 158,745 

UFR: Accelerates LRPF procurement from FY25 ...... [42,731 ] 

Unfunded requirement—CDAEM Bridging Strategy 

- M999 T&E.

[14,000 ] 

184 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM ........ 59,977 59,977 

185 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 34,416 43,716 

Unfunded requirement—UH–60V development ........ [9,300 ] 

186 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM ...... 194,567 194,567 

187 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM 9,981 9,981 

188 0607139A IMPROVED TURBINE ENGINE PROGRAM .................. 204,304 204,304 

189 0607140A EMERGING TECHNOLOGIES FROM NIE ..................... 1,023 1,023 

190 0607141A LOGISTICS AUTOMATION ............................................... 1,504 1,504 

191 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT.10,064 18,064 

UFR: Qualifies M282 for use by AH–64 aircraft ....... [8,000 ] 

192 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 

PRODUCTS.

38,463 38,463 

193 0607665A FAMILY OF BIOMETRICS ................................................ 6,159 6,159 

194 0607865A PATRIOT PRODUCT IMPROVEMENT ............................ 90,217 180,217 

UFR: Funds Terminal High Altitude Area Defense 

(THAAD)/Missile Segment Enhanced (MSE) integration.

[90,000 ] 

195 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE ..... 6,749 6,749 

196 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).33,520 33,520 

197 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ....... 343,175 351,175 

Unfunded requirement—M88A2E1 ............................. [8,000 ] 

198 0203740A MANEUVER CONTROL SYSTEM .................................... 6,639 6,639 

199 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS.40,784 40,784 

200 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.39,358 39,358 

201 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

145 145 

202 0203758A DIGITIZATION .................................................................... 4,803 4,803 

203 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 

PROGRAM.

2,723 28,723 

UFR: Supports research for the Stinger Product Improvement Program (PIP).[26,000 ] 

204 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS.5,000 5,000 

205 0203808A TRACTOR CARD ................................................................. 37,883 37,883 

207 0205410A MATERIALS HANDLING EQUIPMENT ......................... 1,582 1,582 

208 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV.195 195 

209 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) 

SYSTEM.

78,926 78,926 

210 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM 

(GMLRS).

102,807 102,807 

213 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ............ 13,807 35,652 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1961 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

UFR: Funds Offensive Cyber capabilities development.[21,845 ] 

214 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ....... 132,438 132,438 

215 0303141A GLOBAL COMBAT SUPPORT SYSTEM .......................... 64,370 64,370 

217 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM.10,475 10,475 

220 0305172A COMBINED ADVANCED APPLICATIONS ..................... 1,100 1,100 

222 0305204A TACTICAL UNMANNED AERIAL VEHICLES ............... 9,433 9,433 

223 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .................. 5,080 5,080 

224 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.24,700 20,480 

Historical underexecution ............................................ [–4,220 ] 

225 0305219A MQ–1C GRAY EAGLE UAS ............................................... 9,574 9,574 

226 0305232A RQ–11 UAV .......................................................................... 2,191 2,191 

227 0305233A RQ–7 UAV ............................................................................ 12,773 12,773 

228 0307665A BIOMETRICS ENABLED INTELLIGENCE .................... 2,537 2,537 

229 0310349A WIN-T INCREMENT 2—INITIAL NETWORKING ......... 4,723 4,723 

230 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.60,877 65,877 

Development of improved manufacturing technology 

for separation, extraction, smelter, sintering, 

leaching, processing, beneficiation, or production 

of specialty metals such as lanthanide elements, 

yttrium or scandium.

[5,000 ] 

231 1203142A SATCOM GROUND ENVIRONMENT (SPACE) .............. 11,959 11,959 

232 1208053A JOINT TACTICAL GROUND SYSTEM ............................ 10,228 10,228 

232A 9999999999 CLASSIFIED PROGRAMS ................................................. 7,154 7,154 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.1,877,685 2,098,341 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, ARMY.

9,446,140 10,018,444 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ........................ 118,130 128,130 

Defense University Research Instrumentation Program.[10,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH.19,438 19,438 

003 0601153N DEFENSE RESEARCH SCIENCES .................................. 458,333 458,333 

SUBTOTAL BASIC RESEARCH ................................ 595,901 605,901 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ............... 13,553 13,553 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ............... 125,557 125,557 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY .... 53,936 53,936 

007 0602235N COMMON PICTURE APPLIED RESEARCH .................. 36,450 36,450 

008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 48,649 48,649 

009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH.79,598 79,598 

010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED 

RESEARCH.

42,411 57,411 

AGOR SLEP .................................................................. [15,000 ] 

011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.6,425 6,425 

012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............. 56,094 66,094 

Program increase .......................................................... [10,000 ] 

013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.156,805 156,805 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED 

RESEARCH.

32,733 34,733 

MS–177A Maritime Sensor .......................................... [2,000 ] 

015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED 

RESEARCH.

171,146 164,146 

General decrease .......................................................... [–7,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1962 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR 

FIELD ACITIVITIES.

62,722 62,722 

SUBTOTAL APPLIED RESEARCH .......................... 886,079 906,079 

ADVANCED TECHNOLOGY DEVELOPMENT 

019 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ..... 26,342 26,342 

020 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY.9,360 9,360 

021 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD).154,407 154,407 

022 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.13,448 13,448 

023 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT.231,772 229,030 

Capable manpower, enterprise and platform 

enablers.

[–2,742 ] 

024 0603680N MANUFACTURING TECHNOLOGY PROGRAM ........... 57,797 57,797 

025 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.4,878 4,878 

027 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.64,889 64,889 

028 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED 

TECHNOLOGY.

15,164 15,164 

029 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.108,285 133,285 

Program increase for railgun tactical demonstrator [10,000 ] 

Underwater unmanned vehicle prototypes ................. [15,000 ] 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.686,342 708,600 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

030 0603207N AIR/OCEAN TACTICAL APPLICATIONS ........................ 48,365 48,365 

031 0603216N AVIATION SURVIVABILITY ............................................. 5,566 5,566 

033 0603251N AIRCRAFT SYSTEMS ........................................................ 695 695 

034 0603254N ASW SYSTEMS DEVELOPMENT .................................... 7,661 7,661 

035 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................. 3,707 3,707 

036 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ........ 61,381 61,381 

037 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.154,117 118,117 

Reduce Barracuda ........................................................ [–16,000 ] 

Reduce Snakehead ........................................................ [–20,000 ] 

038 0603506N SURFACE SHIP TORPEDO DEFENSE ........................... 14,974 14,974 

039 0603512N CARRIER SYSTEMS DEVELOPMENT ............................ 9,296 9,296 

040 0603525N PILOT FISH ......................................................................... 132,083 132,083 

041 0603527N RETRACT LARCH .............................................................. 15,407 15,407 

042 0603536N RETRACT JUNIPER ........................................................... 122,413 122,413 

043 0603542N RADIOLOGICAL CONTROL ............................................. 745 745 

044 0603553N SURFACE ASW ................................................................... 1,136 1,136 

045 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 100,955 100,955 

046 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ............ 13,834 13,834 

047 0603563N SHIP CONCEPT ADVANCED DESIGN ........................... 36,891 36,891 

048 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES.12,012 42,012 

Aircraft carrier preliminary design ............................. [30,000 ] 

049 0603570N ADVANCED NUCLEAR POWER SYSTEMS ................... 329,500 329,500 

050 0603573N ADVANCED SURFACE MACHINERY SYSTEMS .......... 29,953 29,953 

051 0603576N CHALK EAGLE ................................................................... 191,610 191,610 

052 0603581N LITTORAL COMBAT SHIP (LCS) ..................................... 40,991 40,991 

053 0603582N COMBAT SYSTEM INTEGRATION ................................. 24,674 24,674 

054 0603595N OHIO REPLACEMENT ...................................................... 776,158 776,158 

055 0603596N LCS MISSION MODULES ................................................. 116,871 116,871 

056 0603597N AUTOMATED TEST AND ANALYSIS ............................. 8,052 8,052 

057 0603599N FRIGATE DEVELOPMENT ............................................... 143,450 143,450 

058 0603609N CONVENTIONAL MUNITIONS ........................................ 8,909 8,909 

060 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM.1,428 1,428 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1963 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

061 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.53,367 53,367 

063 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.8,212 8,212 

064 0603721N ENVIRONMENTAL PROTECTION .................................. 20,214 20,214 

065 0603724N NAVY ENERGY PROGRAM .............................................. 50,623 25,623 

Program strategy change ............................................. [–25,000 ] 

066 0603725N FACILITIES IMPROVEMENT .......................................... 2,837 2,837 

067 0603734N CHALK CORAL ................................................................... 245,143 245,143 

068 0603739N NAVY LOGISTIC PRODUCTIVITY .................................. 2,995 2,995 

069 0603746N RETRACT MAPLE .............................................................. 306,101 306,101 

070 0603748N LINK PLUMERIA ............................................................... 253,675 253,675 

071 0603751N RETRACT ELM ................................................................... 55,691 55,691 

072 0603764N LINK EVERGREEN ............................................................ 48,982 48,982 

074 0603790N NATO RESEARCH AND DEVELOPMENT ..................... 9,099 9,099 

075 0603795N LAND ATTACK TECHNOLOGY ....................................... 33,568 33,568 

076 0603851M JOINT NON-LETHAL WEAPONS TESTING .................. 29,873 29,873 

077 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL.106,391 106,391 

078 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS.107,310 122,310 

Program increase for railgun tactical demonstrator [15,000 ] 

079 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80).83,935 83,935 

081 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).46,844 46,844 

083 0604286M MARINE CORPS ADDITIVE MANUFACTURING 

TECHNOLOGY DEVELOPMENT.

6,200 6,200 

085 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE ...... 7,055 17,055 

Increase rapid acquisition capability for Marine 

Corps Warfighting Lab.

[10,000 ] 

086 0604454N LX (R) ................................................................................... 9,578 9,578 

087 0604536N ADVANCED UNDERSEA PROTOTYPING ...................... 66,543 66,543 

089 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT 

PROGRAM.

31,315 31,315 

090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.42,851 42,851 

091 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON 

DEVELOPMENT.

160,694 160,694 

093 0303354N ASW SYSTEMS DEVELOPMENT—MIP .......................... 8,278 8,278 

094 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM.7,979 7,979 

095 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ........ 527 527 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,218,714 4,212,714 

SYSTEM DEVELOPMENT & DEMONSTRATION 

096 0603208N TRAINING SYSTEM AIRCRAFT ...................................... 16,945 16,945 

097 0604212N OTHER HELO DEVELOPMENT ...................................... 26,786 26,786 

098 0604214N AV–8B AIRCRAFT—ENG DEV ......................................... 48,780 48,780 

099 0604215N STANDARDS DEVELOPMENT ......................................... 2,722 2,722 

100 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.5,371 5,371 

101 0604218N AIR/OCEAN EQUIPMENT ENGINEERING .................... 782 782 

102 0604221N P–3 MODERNIZATION PROGRAM .................................. 1,361 1,361 

103 0604230N WARFARE SUPPORT SYSTEM ........................................ 14,167 14,167 

104 0604231N TACTICAL COMMAND SYSTEM ..................................... 55,695 55,695 

105 0604234N ADVANCED HAWKEYE .................................................... 292,535 292,535 

106 0604245N H–1 UPGRADES ................................................................. 61,288 61,288 

107 0604261N ACOUSTIC SEARCH SENSORS ....................................... 37,167 37,167 

108 0604262N V–22A ................................................................................... 171,386 186,386 

UFR: MV–22 Common Configuration CC-RAM improvements.[15,000 ] 

109 0604264N AIR CREW SYSTEMS DEVELOPMENT .......................... 13,235 33,235 

Air Crew Sensor Improvements .................................. [10,000 ] 

Physiological Episode prize competition ..................... [10,000 ] 

110 0604269N EA–18 ................................................................................... 173,488 173,488 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1964 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

111 0604270N ELECTRONIC WARFARE DEVELOPMENT ................... 54,055 57,055 

Unfunded requirement—Intrepid Tiger II (V)3 UH– 

1Y jettison capability.

[3,000 ] 

112 0604273N EXECUTIVE HELO DEVELOPMENT ............................. 451,938 451,938 

113 0604274N NEXT GENERATION JAMMER (NGJ) ............................ 632,936 628,936 

Unjustified cost growth ................................................ [–4,000 ] 

114 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).4,310 4,310 

115 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 66,686 66,686 

116 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.390,238 390,238 

117 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .................... 689 689 

118 0604329N SMALL DIAMETER BOMB (SDB) .................................... 112,846 112,846 

119 0604366N STANDARD MISSILE IMPROVEMENTS ........................ 158,578 158,578 

120 0604373N AIRBORNE MCM ................................................................ 15,734 15,734 

122 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER 

AIR SYSTEMS ENGINEERING.

25,445 25,445 

124 0604501N ADVANCED ABOVE WATER SENSORS ......................... 87,233 87,233 

125 0604503N SSN–688 AND TRIDENT MODERNIZATION ................. 130,981 130,981 

126 0604504N AIR CONTROL .................................................................... 75,186 75,186 

127 0604512N SHIPBOARD AVIATION SYSTEMS ................................. 177,926 177,926 

128 0604518N COMBAT INFORMATION CENTER CONVERSION ..... 8,062 8,062 

129 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM.32,090 32,090 

130 0604558N NEW DESIGN SSN ............................................................. 120,087 120,087 

131 0604562N SUBMARINE TACTICAL WARFARE SYSTEM .............. 50,850 50,850 

132 0604567N SHIP CONTRACT DESIGN/LIVE FIRE T&E .................. 67,166 67,166 

133 0604574N NAVY TACTICAL COMPUTER RESOURCES ................ 4,817 4,817 

134 0604580N VIRGINIA PAYLOAD MODULE (VPM) ........................... 72,861 72,861 

135 0604601N MINE DEVELOPMENT ..................................................... 25,635 25,635 

136 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ................ 28,076 28,076 

137 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.7,561 7,561 

138 0604703N PERSONNEL, TRAINING, SIMULATION, AND 

HUMAN FACTORS.

40,828 40,828 

139 0604727N JOINT STANDOFF WEAPON SYSTEMS ........................ 435 435 

140 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ............ 161,713 161,713 

141 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ............ 212,412 212,412 

142 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 103,391 103,391 

143 0604761N INTELLIGENCE ENGINEERING .................................... 34,855 34,855 

144 0604771N MEDICAL DEVELOPMENT .............................................. 9,353 9,353 

145 0604777N NAVIGATION/ID SYSTEM ................................................ 92,546 92,546 

146 0604800M JOINT STRIKE FIGHTER (JSF)—EMD .......................... 152,934 244,134 

SDD plus up .................................................................. [91,200 ] 

147 0604800N JOINT STRIKE FIGHTER (JSF)—EMD .......................... 108,931 175,631 

SDD plus up .................................................................. [66,700 ] 

148 0604810M JOINT STRIKE FIGHTER FOLLOW ON MODERNIZATION (FOM)—MARINE CORPS.144,958 144,958 

149 0604810N JOINT STRIKE FIGHTER FOLLOW ON MODERNIZATION (FOM)—NAVY.143,855 143,855 

150 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ........ 14,865 14,865 

151 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ........ 152,977 152,977 

152 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT ..................... 3,410 3,410 

153 0605212N CH–53K RDTE ..................................................................... 340,758 340,758 

154 0605215N MISSION PLANNING ........................................................ 33,430 33,430 

155 0605217N COMMON AVIONICS ......................................................... 58,163 58,163 

156 0605220N SHIP TO SHORE CONNECTOR (SSC) ............................ 22,410 22,410 

157 0605327N T-AO 205 CLASS ................................................................. 1,961 1,961 

158 0605414N UNMANNED CARRIER AVIATION (UCA) ..................... 222,208 222,208 

159 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ................... 15,473 15,473 

160 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) .......... 11,795 11,795 

161 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 181,731 181,731 

162 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION.178,993 178,993 

163 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM 

DEVELOPMENT & DEMONSTRATION.

20,710 20,710 

164 0204202N DDG–1000 ............................................................................ 140,500 140,500 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1965 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

168 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ............................ 28,311 28,311 

170 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.4,502 4,502 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,362,102 6,554,002 

MANAGEMENT SUPPORT 

171 0604256N THREAT SIMULATOR DEVELOPMENT ........................ 91,819 91,819 

172 0604258N TARGET SYSTEMS DEVELOPMENT ............................. 23,053 23,053 

173 0604759N MAJOR T&E INVESTMENT ............................................. 52,634 59,634 

Program increase .......................................................... [7,000 ] 

174 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION.141 141 

175 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ............... 3,917 3,917 

176 0605154N CENTER FOR NAVAL ANALYSES .................................. 50,432 50,432 

179 0605804N TECHNICAL INFORMATION SERVICES ....................... 782 782 

180 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL 

SUPPORT.

94,562 94,562 

181 0605856N STRATEGIC TECHNICAL SUPPORT .............................. 4,313 4,313 

182 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT.1,104 1,104 

183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...................... 105,666 105,666 

184 0605864N TEST AND EVALUATION SUPPORT .............................. 373,667 413,667 

Program increase .......................................................... [40,000 ] 

185 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY.

20,298 20,298 

186 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) 

SUPPORT.

17,341 17,341 

188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT .............. 21,751 21,751 

189 0605898N MANAGEMENT HQ—R&D ............................................... 44,279 44,279 

190 0606355N WARFARE INNOVATION MANAGEMENT .................... 28,841 28,841 

191 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL 

SUPPORT ACTIVITIES).

1,749 1,749 

194 1206867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 9,408 9,408 

SUBTOTAL MANAGEMENT SUPPORT .................. 945,757 992,757 

OPERATIONAL SYSTEMS DEVELOPMENT 

196 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) ... 92,571 103,571 

CEC IFF Mode 5 Acceleration ..................................... [11,000 ] 

197 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL ..... 3,137 3,137 

198 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT .... 135,219 135,219 

199 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ............... 36,242 36,242 

200 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 12,053 12,053 

201 0101402N NAVY STRATEGIC COMMUNICATIONS ....................... 18,221 18,221 

203 0204136N F/A–18 SQUADRONS ......................................................... 224,470 216,042 

Program reduction- delayed procurement rates ........ [–8,428 ] 

204 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ............ 33,525 33,525 

205 0204228N SURFACE SUPPORT .......................................................... 24,829 24,829 

206 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).

133,617 142,617 

Tomahawk Modernization ........................................... [9,000 ] 

207 0204311N INTEGRATED SURVEILLANCE SYSTEM ..................... 38,972 38,972 

208 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).3,940 3,940 

209 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ..... 54,645 54,645 

210 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.66,518 66,518 

211 0204574N CRYPTOLOGIC DIRECT SUPPORT ................................ 1,155 1,155 

212 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT.51,040 51,040 

213 0205601N HARM IMPROVEMENT ..................................................... 87,989 97,989 

Unfunded requirement—AARGM Derivative Program.[10,000 ] 

214 0205604N TACTICAL DATA LINKS ................................................... 89,852 89,852 

215 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION .... 29,351 29,351 

216 0205632N MK–48 ADCAP .................................................................... 68,553 68,553 

217 0205633N AVIATION IMPROVEMENTS ........................................... 119,099 119,099 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1966 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

218 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............. 127,445 127,445 

219 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ........ 123,825 123,825 

220 0206335M COMMON AVIATION COMMAND AND CONTROL 

SYSTEM (CAC2S).

7,343 7,343 

221 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING 

ARMS SYSTEMS.

66,009 66,009 

222 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ........ 25,258 25,258 

223 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE 

SYSTEMS (MIP).

30,886 30,886 

224 0206629M AMPHIBIOUS ASSAULT VEHICLE ................................ 58,728 58,728 

225 0207161N TACTICAL AIM MISSILES ............................................... 42,884 51,884 

Unfunded requirement—AIM–9X Blk II Systems 

Improvement program.

[9,000 ] 

226 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

25,364 25,364 

232 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE 

SERVICES (CANES).

24,271 24,271 

233 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ....... 50,269 50,269 

236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.6,352 6,352 

237 0305204N TACTICAL UNMANNED AERIAL VEHICLES ............... 7,770 7,770 

238 0305205N UAS INTEGRATION AND INTEROPERABILITY .......... 39,736 39,736 

239 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.12,867 12,867 

240 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.

46,150 46,150 

241 0305220N MQ–4C TRITON .................................................................. 84,115 84,115 

242 0305231N MQ–8 UAV ........................................................................... 62,656 62,656 

243 0305232M RQ–11 UAV .......................................................................... 2,022 2,022 

245 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ............ 4,835 4,835 

246 0305239M RQ–21A ................................................................................. 8,899 8,899 

247 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT .... 99,020 99,020 

248 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS 

(MIP).

18,578 18,578 

249 0305421N RQ–4 MODERNIZATION ................................................... 229,404 229,404 

250 0308601N MODELING AND SIMULATION SUPPORT ................... 5,238 5,238 

251 0702207N DEPOT MAINTENANCE (NON-IF) .................................. 38,227 38,227 

252 0708730N MARITIME TECHNOLOGY (MARITECH) ...................... 4,808 4,808 

253 1203109N SATELLITE COMMUNICATIONS (SPACE) .................... 37,836 37,836 

253A 9999999999 CLASSIFIED PROGRAMS ................................................. 1,424,347 1,424,347 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.4,040,140 4,070,712 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, NAVY.

17,735,035 18,050,765 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES .................................. 342,919 342,919 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ........................ 147,923 147,923 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 14,417 14,417 

SUBTOTAL BASIC RESEARCH ................................ 505,259 505,259 

APPLIED RESEARCH 

004 0602102F MATERIALS ........................................................................ 124,264 124,264 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ..................... 124,678 129,678 

Program increase .......................................................... [5,000 ] 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ....... 108,784 128,284 

Advanced training environments ................................ [19,500 ] 

007 0602203F AEROSPACE PROPULSION ............................................. 192,695 200,195 

Educational Partnership Agreements ......................... [5,000 ] 

Unfunded Requirement ................................................ [2,500 ] 

008 0602204F AEROSPACE SENSORS ..................................................... 152,782 152,782 

009 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— 

MAJOR HEADQUARTERS ACTIVITIES.

8,353 8,353 

010 0602601F SPACE TECHNOLOGY ...................................................... 116,503 116,503 

011 0602602F CONVENTIONAL MUNITIONS ........................................ 112,195 112,195 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1967 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

012 0602605F DIRECTED ENERGY TECHNOLOGY ............................. 132,993 141,293 

Unfunded Requirement ................................................ [8,300 ] 

013 0602788F DOMINANT INFORMATION SCIENCES AND METHODS.167,818 167,818 

014 0602890F HIGH ENERGY LASER RESEARCH ............................... 43,049 43,049 

SUBTOTAL APPLIED RESEARCH .......................... 1,284,114 1,324,414 

ADVANCED TECHNOLOGY DEVELOPMENT 

015 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ... 37,856 37,856 

016 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 22,811 22,811 

017 0603203F ADVANCED AEROSPACE SENSORS .............................. 40,978 40,978 

018 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...................... 115,966 121,666 

Unfunded requirement ................................................. [5,700 ] 

019 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY.104,499 117,999 

Unfunded requirement ................................................. [13,500 ] 

020 0603270F ELECTRONIC COMBAT TECHNOLOGY ........................ 60,551 60,551 

021 0603401F ADVANCED SPACECRAFT TECHNOLOGY ................... 58,910 58,910 

022 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ......... 10,433 10,433 

023 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.33,635 33,635 

024 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ............... 167,415 167,415 

025 0603605F ADVANCED WEAPONS TECHNOLOGY ......................... 45,502 45,502 

026 0603680F MANUFACTURING TECHNOLOGY PROGRAM ........... 46,450 46,450 

027 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND 

DEMONSTRATION.

49,011 49,011 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.794,017 813,217 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ............ 5,652 5,652 

030 0603742F COMBAT IDENTIFICATION TECHNOLOGY ................. 24,397 24,397 

031 0603790F NATO RESEARCH AND DEVELOPMENT ..................... 3,851 3,851 

033 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/ 

VAL.

10,736 10,736 

034 0603859F POLLUTION PREVENTION—DEM/VAL ........................ 2 2 

035 0604015F LONG RANGE STRIKE—BOMBER ................................. 2,003,580 2,003,580 

036 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT.65,458 65,458 

037 0604257F ADVANCED TECHNOLOGY AND SENSORS ................ 68,719 94,919 

Unfunded requirement—ASARS–2B .......................... [11,500 ] 

Unfunded requirement—Hyperspectral Chip Development.[14,700 ] 

038 0604288F NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP 7,850 7,850 

039 0604317F TECHNOLOGY TRANSFER .............................................. 3,295 3,295 

040 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM.17,365 17,365 

041 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS ..... 32,253 42,453 

UFR: Cyber Security & Resiliency for Weapon Systems.[10,200 ] 

044 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 26,222 26,222 

046 0604858F TECH TRANSITION PROGRAM ...................................... 840,650 935,650 

UFR: Directed Energy Prototyping ............................. [70,000 ] 

UFR: Hypersonics Prototyping .................................... [10,000 ] 

Unfunded requirement—Long-Endurance Aerial 

Platform(LEAP) Ahead Prototyping.

[15,000 ] 

047 0605230F GROUND BASED STRATEGIC DETERRENT ................ 215,721 215,721 

049 0207110F NEXT GENERATION AIR DOMINANCE ........................ 294,746 421,746 

Unfunded Requirement ................................................ [127,000 ] 

050 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 

(3DELRR).

10,645 10,645 

052 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 41,509 41,509 

053 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.316,787 316,787 

054 0306415F ENABLED CYBER ACTIVITIES ....................................... 16,687 16,687 

055 0408011F SPECIAL TACTICS / COMBAT CONTROL ..................... 4,500 4,500 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1968 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

056 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM.15,867 15,867 

057 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

253,939 263,939 

UFR: Military GPS User Equipment INC2 ................ [10,000 ] 

058 1203710F EO/IR WEATHER SYSTEMS ............................................. 10,000 10,000 

059 1206422F WEATHER SYSTEM FOLLOW-ON .................................. 112,088 112,088 

060 1206425F SPACE SITUATION AWARENESS SYSTEMS ............... 34,764 34,764 

061 1206434F MIDTERM POLAR MILSATCOM SYSTEM ..................... 63,092 63,092 

062 1206438F SPACE CONTROL TECHNOLOGY .................................. 7,842 64,742 

AF UPL ......................................................................... [56,900 ] 

063 1206730F SPACE SECURITY AND DEFENSE PROGRAM ............ 41,385 41,385 

064 1206760F PROTECTED TACTICAL ENTERPRISE SERVICE 

(PTES).

18,150 18,150 

065 1206761F PROTECTED TACTICAL SERVICE (PTS) ...................... 24,201 24,201 

066 1206855F PROTECTED SATCOM SERVICES (PSCS)—AGGREGATED.16,000 16,000 

067 1206857F OPERATIONALLY RESPONSIVE SPACE ....................... 87,577 87,577 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,695,530 5,020,830 

SYSTEM DEVELOPMENT & DEMONSTRATION 

068 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS.5,100 5,100 

069 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT.101,203 101,203 

070 0604222F NUCLEAR WEAPONS SUPPORT ..................................... 3,009 3,009 

071 0604270F ELECTRONIC WARFARE DEVELOPMENT ................... 2,241 2,241 

072 0604281F TACTICAL DATA NETWORKS ENTERPRISE ............... 38,250 38,250 

073 0604287F PHYSICAL SECURITY EQUIPMENT .............................. 19,739 19,739 

074 0604329F SMALL DIAMETER BOMB (SDB)—EMD ........................ 38,979 38,979 

078 0604429F AIRBORNE ELECTRONIC ATTACK ................................ 7,091 7,091 

080 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................. 46,540 46,540 

081 0604604F SUBMUNITIONS ................................................................ 2,705 2,705 

082 0604617F AGILE COMBAT SUPPORT .............................................. 31,240 31,240 

084 0604706F LIFE SUPPORT SYSTEMS ................................................ 9,060 9,060 

085 0604735F COMBAT TRAINING RANGES ......................................... 87,350 87,350 

086 0604800F F–35—EMD .......................................................................... 292,947 464,947 

SDD plus up .................................................................. [172,000 ] 

088 0604932F LONG RANGE STANDOFF WEAPON ............................. 451,290 451,290 

089 0604933F ICBM FUZE MODERNIZATION ....................................... 178,991 178,991 

090 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ........... 12,736 12,736 

091 0605031F JOINT TACTICAL NETWORK (JTN) ............................... 9,319 9,319 

092 0605213F F–22 MODERNIZATION INCREMENT 3.2B .................. 13,600 13,600 

094 0605221F KC–46 ................................................................................... 93,845 93,845 

095 0605223F ADVANCED PILOT TRAINING ........................................ 105,999 105,999 

096 0605229F COMBAT RESCUE HELICOPTER ................................... 354,485 354,485 

100 0605458F AIR & SPACE OPS CENTER 10.2 RDT&E ...................... 119,745 14,945 

Restructure of program ................................................ [–104,800 ] 

101 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM .................. 194,570 194,570 

102 0101125F NUCLEAR WEAPONS MODERNIZATION ..................... 91,237 91,237 

103 0207171F F–15 EPAWSS ..................................................................... 209,847 209,847 

104 0207328F STAND IN ATTACK WEAPON ......................................... 3,400 3,400 

105 0207701F FULL COMBAT MISSION TRAINING ............................. 16,727 16,727 

109 0307581F JSTARS RECAP .................................................................. 417,201 417,201 

110 0401310F C–32 EXECUTIVE TRANSPORT RECAPITALIZATION 6,017 6,017 

111 0401319F PRESIDENTIAL AIRCRAFT RECAPITALIZATION 

(PAR).

434,069 434,069 

112 0701212F AUTOMATED TEST SYSTEMS ........................................ 18,528 18,528 

113 1203176F COMBAT SURVIVOR EVADER LOCATOR ..................... 24,967 24,967 

114 1203940F SPACE SITUATION AWARENESS OPERATIONS ........ 10,029 10,029 

115 1206421F COUNTERSPACE SYSTEMS ............................................ 66,370 66,370 

116 1206425F SPACE SITUATION AWARENESS SYSTEMS ............... 48,448 48,448 

117 1206426F SPACE FENCE .................................................................... 35,937 35,937 

118 1206431F ADVANCED EHF MILSATCOM (SPACE) ....................... 145,610 145,610 

119 1206432F POLAR MILSATCOM (SPACE) ......................................... 33,644 33,644 

120 1206433F WIDEBAND GLOBAL SATCOM (SPACE) ....................... 14,263 14,263 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1969 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

121 1206441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 

EMD.

311,844 311,844 

122 1206442F EVOLVED SBIRS ................................................................ 71,018 71,018 

123 1206853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE) – EMD.297,572 297,572 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.4,476,762 4,543,962 

MANAGEMENT SUPPORT 

124 0604256F THREAT SIMULATOR DEVELOPMENT ........................ 35,405 35,405 

125 0604759F MAJOR T&E INVESTMENT ............................................. 82,874 87,874 

Unfunded requirement ................................................. [5,000 ] 

126 0605101F RAND PROJECT AIR FORCE ........................................... 34,346 34,346 

128 0605712F INITIAL OPERATIONAL TEST & EVALUATION ......... 15,523 15,523 

129 0605807F TEST AND EVALUATION SUPPORT .............................. 678,289 735,689 

Program Increase ......................................................... [30,000 ] 

UFR: 4th Gen Mods ..................................................... [23,000 ] 

UFR: Weapon System Cyber Resiliency-TE ............... [4,400 ] 

130 0605826F ACQ WORKFORCE- GLOBAL POWER ........................... 219,809 219,809 

131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS ..... 223,179 223,179 

132 0605828F ACQ WORKFORCE- GLOBAL REACH ............................ 138,556 138,556 

133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 221,393 221,393 

134 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT ............. 152,577 152,577 

135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION ....... 196,561 196,561 

136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY.28,322 28,322 

137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS ..................... 126,611 126,611 

140 0605898F MANAGEMENT HQ—R&D ............................................... 9,154 9,154 

141 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT.135,507 135,507 

142 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.28,720 28,720 

143 0606017F REQUIREMENTS ANALYSIS AND MATURATION ...... 35,453 110,453 

UFR: Modeling and Simulation Joint Simulation 

Environment.

[50,000 ] 

UFR:AS2030 Planning for Development .................... [25,000 ] 

146 0308602F ENTEPRISE INFORMATION SERVICES (EIS) .............. 29,049 29,049 

147 0702806F ACQUISITION AND MANAGEMENT SUPPORT ........... 14,980 14,980 

148 0804731F GENERAL SKILL TRAINING ........................................... 1,434 1,434 

150 1001004F INTERNATIONAL ACTIVITIES ....................................... 4,569 4,569 

151 1206116F SPACE TEST AND TRAINING RANGE DEVELOPMENT.25,773 25,773 

152 1206392F SPACE AND MISSILE CENTER (SMC) CIVILIAN 

WORKFORCE.

169,887 169,887 

153 1206398F SPACE & MISSILE SYSTEMS CENTER—MHA ............ 9,531 9,531 

154 1206860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 20,975 20,975 

155 1206864F SPACE TEST PROGRAM (STP) ........................................ 25,398 25,398 

SUBTOTAL MANAGEMENT SUPPORT .................. 2,663,875 2,801,275 

OPERATIONAL SYSTEMS DEVELOPMENT 

157 0604222F NUCLEAR WEAPONS SUPPORT ..................................... 27,579 27,579 

158 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING.5,776 5,776 

159 0604445F WIDE AREA SURVEILLANCE ......................................... 16,247 16,247 

161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM 

(AF-IPPS).

21,915 21,915 

162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 33,150 33,150 

163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION.66,653 66,653 

164 0605278F HC/MC–130 RECAP RDT&E ............................................. 38,579 38,579 

165 0606018F NC3 INTEGRATION ........................................................... 12,636 12,636 

166 0101113F B–52 SQUADRONS ............................................................. 111,910 111,910 

167 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) .................. 463 463 

168 0101126F B–1B SQUADRONS ............................................................ 62,471 62,471 

169 0101127F B–2 SQUADRONS ............................................................... 193,108 193,108 

170 0101213F MINUTEMAN SQUADRONS ............................................. 210,845 210,845 

Increase ICBM Cryptopgraphy Upgrade II ................ [20,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1970 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

Reduce MM Ground and Communications Equipment.[–10,000 ] 

Reduce MM Support Equipment ................................. [–10,000 ] 

171 0101313F INTEGRATED STRATEGIC PLANNING AND ANALYSIS NETWORK (ISPAN)—USSTRATCOM.25,736 25,736 

173 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS.6,272 10,272 

UFR: NC3—Global Assured Communications CBA 

Execution.

[4,000 ] 

174 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS 

NETWORK.

11,032 11,032 

176 0102110F UH–1N REPLACEMENT PROGRAM ............................... 108,617 108,617 

177 0102326F REGION/SECTOR OPERATION CONTROL CENTER 

MODERNIZATION PROGRAM.

3,347 3,347 

179 0205219F MQ–9 UAV ........................................................................... 201,394 201,394 

182 0207131F A–10 SQUADRONS ............................................................. 17,459 17,459 

183 0207133F F–16 SQUADRONS ............................................................. 246,578 271,578 

Unfunded requirement—MIDS-JTRS software 

changes.

[25,000 ] 

184 0207134F F–15E SQUADRONS .......................................................... 320,271 320,271 

185 0207136F MANNED DESTRUCTIVE SUPPRESSION ..................... 15,106 15,106 

186 0207138F F–22A SQUADRONS .......................................................... 610,942 610,942 

187 0207142F F–35 SQUADRONS ............................................................. 334,530 334,530 

188 0207161F TACTICAL AIM MISSILES ............................................... 34,952 54,952 

Pulsed rocket motor technologies ................................ [20,000 ] 

189 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

61,322 61,322 

191 0207227F COMBAT RESCUE—PARARESCUE ................................ 693 693 

193 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ....... 1,714 1,714 

194 0207253F COMPASS CALL ................................................................. 14,040 14,040 

195 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

109,243 109,243 

197 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE 

(JASSM).

29,932 29,932 

198 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ............... 26,956 26,956 

199 0207412F CONTROL AND REPORTING CENTER (CRC) .............. 2,450 2,450 

200 0207417F AIRBORNE WARNING AND CONTROL SYSTEM 

(AWACS).

151,726 151,726 

201 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ............... 3,656 3,656 

203 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 13,420 13,420 

204 0207444F TACTICAL AIR CONTROL PARTY-MOD ........................ 10,623 10,623 

205 0207448F C2ISR TACTICAL DATA LINK ......................................... 1,754 1,754 

206 0207452F DCAPES ............................................................................... 17,382 17,382 

207 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS ........ 2,307 2,307 

208 0207590F SEEK EAGLE ...................................................................... 25,397 25,397 

209 0207601F USAF MODELING AND SIMULATION ........................... 10,175 10,175 

210 0207605F WARGAMING AND SIMULATION CENTERS ............... 12,839 12,839 

211 0207697F DISTRIBUTED TRAINING AND EXERCISES ................ 4,190 4,190 

212 0208006F MISSION PLANNING SYSTEMS ..................................... 85,531 85,531 

213 0208007F TACTICAL DECEPTION .................................................... 3,761 3,761 

214 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS .............. 35,693 35,693 

215 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ............. 20,964 20,964 

218 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK 

(GSIN).

3,549 3,549 

219 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM 

(NPES).

4,371 4,371 

227 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL 

ISR FOR BATTLESPACE AWARENESS.

3,721 3,721 

228 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER 

(NAOC).

35,467 35,467 

230 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).48,841 48,841 

231 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ....... 42,973 42,973 

232 0303141F GLOBAL COMBAT SUPPORT SYSTEM .......................... 105 105 

233 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 2,147 2,147 

236 0304260F AIRBORNE SIGINT ENTERPRISE .................................. 121,948 121,948 

237 0304310F COMMERCIAL ECONOMIC ANALYSIS ......................... 3,544 3,544 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1971 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

240 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY.1,542 1,542 

241 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ......... 4,453 4,453 

243 0305111F WEATHER SERVICE ......................................................... 26,654 26,654 

244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS).6,306 6,306 

245 0305116F AERIAL TARGETS ............................................................. 21,295 21,295 

248 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ........... 415 415 

250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.3,867 3,867 

257 0305202F DRAGON U–2 ...................................................................... 34,486 34,486 

259 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .................. 4,450 14,450 

WAMI Technology Upgrades ....................................... [10,000 ] 

260 0305207F MANNED RECONNAISSANCE SYSTEMS ..................... 14,269 14,269 

261 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.27,501 27,501 

262 0305220F RQ–4 UAV ............................................................................ 214,849 214,849 

263 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 18,842 18,842 

265 0305238F NATO AGS ........................................................................... 44,729 44,729 

266 0305240F SUPPORT TO DCGS ENTERPRISE ................................. 26,349 26,349 

269 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY 

AND ARCHITECTURES.

3,491 3,491 

271 0305881F RAPID CYBER ACQUISITION .......................................... 4,899 4,899 

275 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,445 2,445 

276 0307577F INTELLIGENCE MISSION DATA (IMD) ......................... 8,684 8,684 

278 0401115F C–130 AIRLIFT SQUADRON ............................................ 10,219 10,219 

279 0401119F C–5 AIRLIFT SQUADRONS (IF) ....................................... 22,758 22,758 

280 0401130F C–17 AIRCRAFT (IF) .......................................................... 34,287 34,287 

281 0401132F C–130J PROGRAM .............................................................. 26,821 26,821 

282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 

(LAIRCM).

5,283 5,283 

283 0401218F KC–135S ............................................................................... 9,942 9,942 

284 0401219F KC–10S ................................................................................. 7,933 7,933 

285 0401314F OPERATIONAL SUPPORT AIRLIFT ............................... 6,681 6,681 

286 0401318F CV–22 ................................................................................... 22,519 36,519 

Unfunded requirement—common eletrical interface [7,000 ] 

Unfunded requirement—intelligence broadcast system.[7,000 ] 

287 0401840F AMC COMMAND AND CONTROL SYSTEM .................. 3,510 3,510 

288 0408011F SPECIAL TACTICS / COMBAT CONTROL ..................... 8,090 8,090 

289 0702207F DEPOT MAINTENANCE (NON-IF) .................................. 1,528 1,528 

290 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM ...... 31,677 31,677 

291 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .. 33,344 33,344 

292 0708611F SUPPORT SYSTEMS DEVELOPMENT ........................... 9,362 9,362 

293 0804743F OTHER FLIGHT TRAINING ............................................. 2,074 2,074 

294 0808716F OTHER PERSONNEL ACTIVITIES ................................. 107 107 

295 0901202F JOINT PERSONNEL RECOVERY AGENCY ................... 2,006 2,006 

296 0901218F CIVILIAN COMPENSATION PROGRAM ........................ 3,780 3,780 

297 0901220F PERSONNEL ADMINISTRATION .................................... 7,472 7,472 

298 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ......... 1,563 1,563 

299 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.91,211 91,211 

300 1201921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES.14,255 14,255 

301 1202247F AF TENCAP ......................................................................... 31,914 31,914 

302 1203001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 32,426 32,426 

303 1203110F SATELLITE CONTROL NETWORK (SPACE) ................. 18,808 18,808 

305 1203165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 

AND CONTROL SEGMENTS).

10,029 10,029 

306 1203173F SPACE AND MISSILE TEST AND EVALUATION 

CENTER.

25,051 25,051 

307 1203174F SPACE INNOVATION, INTEGRATION AND RAPID 

TECHNOLOGY DEVELOPMENT.

11,390 11,390 

308 1203179F INTEGRATED BROADCAST SERVICE (IBS) ................. 8,747 8,747 

309 1203182F SPACELIFT RANGE SYSTEM (SPACE) .......................... 10,549 10,549 

310 1203265F GPS III SPACE SEGMENT ................................................ 243,435 243,435 

311 1203400F SPACE SUPERIORITY INTELLIGENCE ........................ 12,691 12,691 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1972 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

312 1203614F JSPOC MISSION SYSTEM ................................................ 99,455 123,705 

AF UPL—BMC2 software ............................................ [24,250 ] 

313 1203620F NATIONAL SPACE DEFENSE CENTER ........................ 18,052 18,052 

314 1203699F SHARED EARLY WARNING (SEW) ................................. 1,373 1,373 

315 1203906F NCMC—TW/AA SYSTEM ................................................... 5,000 5,000 

316 1203913F NUDET DETECTION SYSTEM (SPACE) ........................ 31,508 31,508 

317 1203940F SPACE SITUATION AWARENESS OPERATIONS ........ 99,984 99,984 

318 1206423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL 

CONTROL SEGMENT.

510,938 510,938 

318A 9999999999 CLASSIFIED PROGRAMS ................................................. 15,103,246 15,103,246 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.20,750,546 20,847,796 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, AF.

35,170,103 35,856,753 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH ................................................. 37,201 37,201 

002 0601101E DEFENSE RESEARCH SCIENCES .................................. 432,347 432,347 

003 0601110D8Z BASIC RESEARCH INITIATIVES .................................... 40,612 40,612 

004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE.

43,126 43,126 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .......... 74,298 88,298 

Evidence based military child STEM education ........ [5,000 ] 

Manufacturing Engineering Education Program ....... [9,000 ] 

006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.25,865 40,000 

Program increase .......................................................... [12,135 ] 

STEM support for minority women ............................ [2,000 ] 

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 43,898 43,898 

SUBTOTAL BASIC RESEARCH ................................ 697,347 725,482 

APPLIED RESEARCH 

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY ............................... 19,111 19,111 

009 0602115E BIOMEDICAL TECHNOLOGY .......................................... 109,360 109,360 

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ....... 49,748 49,748 

012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF 

S&T PRIORITIES.

49,226 49,226 

013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY.392,784 392,784 

014 0602383E BIOLOGICAL WARFARE DEFENSE ............................... 13,014 13,014 

015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 201,053 201,053 

016 0602668D8Z CYBER SECURITY RESEARCH ....................................... 14,775 14,775 

017 0602702E TACTICAL TECHNOLOGY ............................................... 343,776 328,776 

General decrease .......................................................... [–15,000 ] 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ......... 224,440 224,440 

019 0602716E ELECTRONICS TECHNOLOGY ....................................... 295,447 295,447 

020 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH.157,908 157,908 

021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.8,955 8,955 

022 1160401BB SOF TECHNOLOGY DEVELOPMENT ............................ 34,493 34,493 

SUBTOTAL APPLIED RESEARCH .......................... 1,914,090 1,899,090 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ........ 25,627 25,627 

024 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 76,230 79,230 

Program increase—conventional EOD equipment ..... [3,000 ] 

025 0603133D8Z FOREIGN COMPARATIVE TESTING .............................. 24,199 24,199 

026 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT.268,607 268,607 

027 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT.12,996 12,996 

029 0603178C WEAPONS TECHNOLOGY ............................................... 5,495 5,495 

031 0603180C ADVANCED RESEARCH ................................................... 20,184 20,184 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1973 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.18,662 18,662 

035 0603286E ADVANCED AEROSPACE SYSTEMS .............................. 155,406 155,406 

036 0603287E SPACE PROGRAMS AND TECHNOLOGY ...................... 247,435 247,435 

037 0603288D8Z ANALYTIC ASSESSMENTS .............................................. 13,154 13,154 

038 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS.37,674 37,674 

039 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA.15,000 15,000 

040 0603294C COMMON KILL VEHICLE TECHNOLOGY .................... 252,879 252,879 

041 0603342D8W DEFENSE INNOVATION UNIT EXPERIMENTAL 

(DIUX).

29,594 29,594 

042 0603375D8Z TECHNOLOGY INNOVATION .......................................... 64,863 29,863 

Unjustified growth ........................................................ [–35,000 ] 

043 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.145,359 145,359 

044 0603527D8Z RETRACT LARCH .............................................................. 171,120 171,120 

045 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 14,389 14,389 

046 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS.105,871 105,871 

047 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES .... 12,661 12,661 

048 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND 

TECHNOLOGY PROGRAM.

136,159 163,659 

Improve productivity of defense industrial base ........ [7,500 ] 

Manufacturing USA institutes .................................... [10,000 ] 

Partnership between MEP centers and Manufacturing USA Institutes.[10,000 ] 

049 0603680S MANUFACTURING TECHNOLOGY PROGRAM ........... 40,511 40,511 

050 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT.57,876 49,876 

SOCOM ATL effort ....................................................... [–8,000 ] 

051 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.10,611 10,611 

053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.71,832 81,832 

Readiness increase ....................................................... [10,000 ] 

054 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.219,803 219,803 

055 0603727D8Z JOINT WARFIGHTING PROGRAM ................................. 6,349 6,349 

056 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ............. 79,173 79,173 

057 0603760E COMMAND, CONTROL AND COMMUNICATIONS 

SYSTEMS.

106,787 106,787 

058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ........ 439,386 439,386 

059 0603767E SENSOR TECHNOLOGY ................................................... 210,123 210,123 

060 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.11,211 11,211 

062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...................... 15,047 15,047 

063 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...................... 69,203 69,203 

064 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY ................ 25,395 25,395 

065 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY .... 89,586 89,586 

066 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.38,403 38,403 

067 0303310D8Z CWMD SYSTEMS ............................................................... 33,382 33,382 

068 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT ...... 72,605 72,605 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.3,450,847 3,448,347 

ADVANCED COMPONENT DEVELOPMENT AND 

PROTOTYPES 

069 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.32,937 32,937 

070 0603600D8Z WALKOFF ............................................................................ 101,714 101,714 

072 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION 

SERVICES.

2,198 2,198 

073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.54,583 54,583 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1974 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.292,262 292,262 

075 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.957,097 1,058,093 

Improve Discrimination Capability for GMD ............. [21,996 ] 

Increase GBI magazine capacity at Fort Greely ........ [65,000 ] 

Program increase—additional boosters and EKVs .... [14,000 ] 

076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.148,518 148,518 

077 0603884C BALLISTIC MISSILE DEFENSE SENSORS ................... 278,145 305,207 

Improve Discrimination Capability for GMD ............. [27,062 ] 

078 0603890C BMD ENABLING PROGRAMS .......................................... 465,642 472,784 

GMD Discrimination .................................................... [7,142 ] 

079 0603891C SPECIAL PROGRAMS—MDA ........................................... 365,190 365,190 

080 0603892C AEGIS BMD ......................................................................... 860,788 860,788 

083 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND 

CONTROL, BATTLE MANAGEMENT AND 

COMMUNICATI.

454,862 454,862 

084 0603898C BALLISTIC MISSILE DEFENSE JOINT 

WARFIGHTER SUPPORT.

48,954 48,954 

085 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS 

CENTER (MDIOC).

53,265 53,265 

086 0603906C REGARDING TRENCH ...................................................... 9,113 9,113 

087 0603907C SEA BASED X-BAND RADAR (SBX) ................................ 145,695 145,695 

088 0603913C ISRAELI COOPERATIVE PROGRAMS ............................ 105,354 373,800 

Arrow ............................................................................. [71,459 ] 

Arrow Upper Tier flight test ....................................... [105,000 ] 

Arrow-Upper Tier ......................................................... [28,139 ] 

David’s Sling ................................................................. [63,848 ] 

089 0603914C BALLISTIC MISSILE DEFENSE TEST ........................... 316,193 316,193 

090 0603915C BALLISTIC MISSILE DEFENSE TARGETS ................... 460,125 460,125 

091 0603920D8Z HUMANITARIAN DEMINING .......................................... 10,837 10,837 

092 0603923D8Z COALITION WARFARE ..................................................... 10,740 10,740 

093 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM.3,837 3,837 

094 0604115C TECHNOLOGY MATURATION INITIATIVES ............... 128,406 128,406 

095 0604132D8Z MISSILE DEFEAT PROJECT ........................................... 124,769 124,769 

096 0604181C HYPERSONIC DEFENSE .................................................. 75,300 75,300 

097 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ................ 1,482,532 1,460,532 

Program decrease ......................................................... [–22,000 ] 

098 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ............ 83,626 83,626 

099 0604331D8Z RAPID PROTOTYPING PROGRAM .................................. 100,000 100,000 

100 0604342D8Z DEFENSE TECHNOLOGY OFFSET ................................ 100,000 

Directed energy ............................................................. [100,000 ] 

101 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED 

SYSTEM COMMON DEVELOPMENT.

3,967 3,967 

102 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC 

ANALYSIS (SSA).

3,833 3,833 

104 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS.

23,638 23,638 

105 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) ...... 357,659 357,659 

106 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 636,430 636,430 

107 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.36,239 36,239 

108 0604878C AEGIS BMD TEST .............................................................. 137,783 160,819 

To provide AAW at Aegis Ashore sites, consistent w/ 

FY16 and FY17 NDAAs.

[23,036 ] 

109 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .......... 101,839 101,839 

110 0604880C LAND-BASED SM–3 (LBSM3) ........................................... 30,486 97,761 

To provide AAW at Aegis Ashore sites, consistent w/ 

FY16 and FY17 NDAAs.

[67,275 ] 

111 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ............. 9,739 9,739 

112 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST.76,757 76,757 

113 0604894C MULTI-OBJECT KILL VEHICLE ..................................... 6,500 6,500 

114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 

PROGRAM.

2,902 2,902 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1975 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

115 0305103C CYBER SECURITY INITIATIVE ...................................... 986 986 

116 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM ......... 34,907 34,907 

117 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE 

PROGRAMS.

30,994 44,494 

Initiates BMDS Global Sensors AoA 

reccommendations for space sensor architecture.

[13,500 ] 

117A 120XXXXC GROUND-LAUNCHED INTERMEDIATE RANGE MISSILE.58,000 

Ground-Launched Intermediate Range Missile ......... [58,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES.8,667,341 9,310,798 

SYSTEM DEVELOPMENT AND DEMONSTRATION 

118 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.12,536 12,536 

119 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT.201,749 201,749 

120 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD.406,789 406,789 

122 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION 

SYSTEM (JTIDS).

15,358 20,358 

Program increase—very low profile hardware ........... [5,000 ] 

123 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT.6,241 6,241 

124 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ........ 12,322 12,322 

125 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE .... 4,893 4,893 

126 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ........................ 3,162 3,162 

127 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .................. 21,353 21,353 

128 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND 

DEMONSTRATION.

6,266 6,266 

129 0605075D8Z DCMO POLICY AND INTEGRATION .............................. 2,810 2,810 

130 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL 

SYSTEM.

24,436 24,436 

131 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM 

(DRAS).

13,475 13,475 

133 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.11,870 11,870 

134 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ............ 61,084 61,084 

135 0303141K GLOBAL COMBAT SUPPORT SYSTEM .......................... 2,576 2,576 

136 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM).3,669 3,669 

137 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND 

DEMONSTRATION.

8,230 8,230 

SUBTOTAL SYSTEM DEVELOPMENT AND 

DEMONSTRATION.

818,819 823,819 

MANAGEMENT SUPPORT 

138 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 6,941 6,941 

139 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT .. 4,851 4,851 

140 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT 

DEVELOPMENT (CTEIP).

211,325 211,325 

141 0604942D8Z ASSESSMENTS AND EVALUATIONS ............................ 30,144 50,144 

Program increase for cyber vulnerability assessments and hardening.[20,000 ] 

142 0605001E MISSION SUPPORT ........................................................... 63,769 63,769 

143 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY 

(JMETC).

91,057 91,057 

144 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS .... 22,386 22,386 

145 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE 

ORGANIZATION (JIAMDO).

36,581 36,581 

147 0605142D8Z SYSTEMS ENGINEERING ................................................ 37,622 37,622 

148 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD .................. 5,200 5,200 

149 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ............... 5,232 5,232 

150 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION.12,583 12,583 

151 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ......... 61,451 61,451 

152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 104,348 104,348 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1976 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

161 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ 

SMALL BUSINESS TECHNOLOGY TRANSFER.

2,372 2,372 

162 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ............................ 24,365 24,365 

163 0605801KA DEFENSE TECHNICAL INFORMATION CENTER 

(DTIC).

54,145 54,145 

164 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 

AND EVALUATION.

30,356 30,356 

165 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................. 20,571 20,571 

166 0605898E MANAGEMENT HQ—R&D ............................................... 14,017 14,017 

167 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).4,187 4,187 

168 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ................... 3,992 3,992 

169 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS ... 1,000 1,000 

170 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE 

(DOSI).

2,551 2,551 

171 0204571J JOINT STAFF ANALYTICAL SUPPORT ......................... 7,712 7,712 

174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES.673 673 

175 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO).1,006 1,006 

177 0305172K COMBINED ADVANCED APPLICATIONS ..................... 16,998 16,998 

180 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION 

INVESTMENTS.

18,992 18,992 

181 0306310D8Z CWMD SYSTEMS: RDT&E MANAGEMENT SUPPORT 1,231 1,231 

183 0804767J COCOM EXERCISE ENGAGEMENT AND TRAINING 

TRANSFORMATION (CE2T2)—MHA.

44,500 44,500 

184 0901598C MANAGEMENT HQ—MDA ............................................... 29,947 29,947 

187 0903235K JOINT SERVICE PROVIDER (JSP) .................................. 5,113 5,113 

187A 9999999999 CLASSIFIED PROGRAMS ................................................. 63,312 63,312 

SUBTOTAL MANAGEMENT SUPPORT .................. 1,040,530 1,060,530 

OPERATIONAL SYSTEM DEVELOPMENT 

188 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...................... 4,565 4,565 

189 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND 

PARTNERSHIP FOR PEACE INFORMATION MANA.

1,871 1,871 

190 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED 

INFORMATION SYSTEM (OHASIS).

298 298 

191 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT 

SUPPORT.

10,882 10,882 

192 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT.7,222 7,222 

193 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS).14,450 14,450 

194 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).45,677 45,677 

195 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,037 3,037 

196 0208045K C4I INTEROPERABILITY ................................................. 59,490 59,490 

198 0301144K JOINT/ALLIED COALITION INFORMATION SHARING.6,104 6,104 

202 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE 

SUPPORT.

1,863 1,863 

203 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING 

AND INTEGRATION.

21,564 21,564 

204 0303126K LONG-HAUL COMMUNICATIONS—DCS ...................... 15,428 15,428 

205 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).15,855 15,855 

206 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ........................ 4,811 4,811 

207 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ......... 33,746 33,746 

208 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ....... 9,415 9,415 

209 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ....... 227,652 227,652 

210 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ........... 42,687 42,687 

211 0303153K DEFENSE SPECTRUM ORGANIZATION ....................... 8,750 8,750 

214 0303228K JOINT INFORMATION ENVIRONMENT (JIE) .............. 4,689 4,689 

216 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.50,000 50,000 

222 0305103K CYBER SECURITY INITIATIVE ...................................... 1,686 1,686 

227 0305186D8Z POLICY R&D PROGRAMS ................................................ 6,526 6,526 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1977 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

228 0305199D8Z NET CENTRICITY .............................................................. 18,455 18,455 

230 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.5,496 5,496 

233 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.3,049 3,049 

236 0305327V INSIDER THREAT .............................................................. 5,365 5,365 

237 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER 

PROGRAM.

2,071 2,071 

243 0307577D8Z INTELLIGENCE MISSION DATA (IMD) ......................... 13,111 13,111 

245 0708012S PACIFIC DISASTER CENTERS ........................................ 1,770 1,770 

246 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM ... 2,924 2,924 

248 1105219BB MQ–9 UAV ........................................................................... 37,863 37,863 

251 1160403BB AVIATION SYSTEMS ......................................................... 259,886 273,386 

SOCOM requested transfer ......................................... [13,500 ] 

252 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ................ 8,245 8,245 

253 1160408BB OPERATIONAL ENHANCEMENTS ................................. 79,455 79,455 

254 1160431BB WARRIOR SYSTEMS ......................................................... 45,935 45,935 

255 1160432BB SPECIAL PROGRAMS ........................................................ 1,978 1,978 

256 1160434BB UNMANNED ISR ................................................................ 31,766 31,766 

257 1160480BB SOF TACTICAL VEHICLES .............................................. 2,578 2,578 

258 1160483BB MARITIME SYSTEMS ........................................................ 42,315 60,415 

SOCOM requested transfer ......................................... [12,800 ] 

UFR: Develop Dry Combat Submersible .................... [5,300 ] 

259 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES ........... 4,661 4,661 

260 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE ... 12,049 12,049 

261 1203610K TELEPORT PROGRAM ...................................................... 642 642 

261A 9999999999 CLASSIFIED PROGRAMS ................................................. 3,734,266 3,734,266 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.4,912,148 4,943,748 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, DW.

21,501,122 22,211,814 

OPERATIONAL TEST & EVAL, DEFENSE 

MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION .................... 83,503 83,503 

002 0605131OTE LIVE FIRE TEST AND EVALUATION ............................ 59,500 59,500 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .. 67,897 67,897 

SUBTOTAL MANAGEMENT SUPPORT .................. 210,900 210,900 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.210,900 210,900 

TOTAL RDT&E ....................................................... 84,063,300 86,348,676 

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 2018 Request 

Conference 

Authorized 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

055 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING.15,000 15,000 

060 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................. 3,000 3,000 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.18,000 18,000 

SYSTEM DEVELOPMENT & DEMONSTRATION 

122 0605032A TRACTOR TIRE .................................................................. 5,000 5,000 

125 0605035A COMMON INFRARED COUNTERMEASURES 

(CIRCM).

21,540 21,540 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1978 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

133 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ............. 30,100 30,100 

147 0303032A TROJAN—RH12 .................................................................. 1,200 1,200 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.57,840 57,840 

OPERATIONAL SYSTEMS DEVELOPMENT 

203 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 

PROGRAM.

15,000 15,000 

222 0305204A TACTICAL UNMANNED AERIAL VEHICLES ............... 7,492 7,492 

223 0305206A AIRBORNE RECONNAISSANCE SYSTEMS .................. 15,000 15,000 

228 0307665A BIOMETRICS ENABLED INTELLIGENCE .................... 6,036 6,036 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.43,528 43,528 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, ARMY.

119,368 119,368 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

041 0603527N RETRACT LARCH .............................................................. 22,000 22,000 

061 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.29,700 29,700 

075 0603795N LAND ATTACK TECHNOLOGY ....................................... 2,100 2,100 

081 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).5,710 5,710 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.59,510 59,510 

SYSTEM DEVELOPMENT & DEMONSTRATION 

103 0604230N WARFARE SUPPORT SYSTEM ........................................ 5,400 5,400 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.5,400 5,400 

OPERATIONAL SYSTEMS DEVELOPMENT 

207 0204311N INTEGRATED SURVEILLANCE SYSTEM ..................... 11,600 11,600 

211 0204574N CRYPTOLOGIC DIRECT SUPPORT ................................ 1,200 1,200 

253A 9999999999 CLASSIFIED PROGRAMS ................................................. 89,855 89,855 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.102,655 102,655 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, NAVY.

167,565 167,565 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

029 0603438F SPACE CONTROL TECHNOLOGY .................................. 7,800 7,800 

053 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.5,400 5,400 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.13,200 13,200 

OPERATIONAL SYSTEMS DEVELOPMENT 

196 0207277F ISR INNOVATIONS ............................................................ 5,750 5,750 

214 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS .............. 4,000 4,000 

318A 9999999999 CLASSIFIED PROGRAMS ................................................. 112,408 112,408 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.122,158 122,158 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, AF.

135,358 135,358 

ADVANCED TECHNOLOGY DEVELOPMENT 

024 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 25,000 25,000 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.25,000 25,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1979 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2018 Request 

Conference 

Authorized 

OPERATIONAL SYSTEM DEVELOPMENT 

253 1160408BB OPERATIONAL ENHANCEMENTS ................................. 1,920 1,920 

256 1160434BB UNMANNED ISR ................................................................ 3,000 3,000 

261A 9999999999 CLASSIFIED PROGRAMS ................................................. 196,176 196,176 

SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.201,096 201,096 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, DW.

226,096 226,096 

TOTAL RDT&E ....................................................... 648,387 648,387 

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 2018 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 1,455,366 1,510,066 

Improve unit training and maintenance readiness [54,700 ] 

020 MODULAR SUPPORT BRIGADES ............................... 105,147 112,847 

UFR: Readiness to execute NMS ............................ [7,700 ] 

030 ECHELONS ABOVE BRIGADE .................................... 604,117 692,417 

UFR: Readiness to execute NMS ............................ [88,300 ] 

040 THEATER LEVEL ASSETS .......................................... 793,217 829,951 

Decisive Action training and operations ................ [27,300 ] 

UFR: Support Equipment ........................................ [9,434 ] 

050 LAND FORCES OPERATIONS SUPPORT .................. 1,169,478 1,207,178 

Combat Training Center Operations and Maintenance ..................................................................... [37,700 ] 

060 AVIATION ASSETS ........................................................ 1,496,503 1,524,703 

Aviation and ISR Maintenance Requirements ...... [28,200 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 3,675,901 3,759,581 

SOUTHCOM—Maritime Patrol Aircraft Expansion ........................................................................ [38,500 ] 

SOUTHCOM—Mission and Other Ship Operations ..................................................................... [18,000 ] 

UFR: Funding to support 6k additional 

endstrength ........................................................... [680 ] 

UFR: Organizational Clothing & Indiv. Equipment maintenance ................................................ [26,500 ] 

080 LAND FORCES SYSTEMS READINESS ..................... 466,720 471,592 

UFR: Medical equipment ......................................... [4,872 ] 

090 LAND FORCES DEPOT MAINTENANCE .................. 1,443,516 1,740,116 

Realignment of depot operations from OCO .......... [250,000 ] 

UFR: Depot Maintenance ........................................ [46,600 ] 

100 BASE OPERATIONS SUPPORT ................................... 8,080,357 8,093,557 

C4I / Cyber capabilities enabling support .............. [13,200 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 3,401,155 4,080,382 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1980 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

Demolition of excess facilities ................................. [50,000 ] 

Restore restoration and modernization shortfalls [154,500 ] 

Restore sustainment shortfalls ............................... [424,547 ] 

UFR: Support 6k additional endstrength .............. [50,180 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 443,790 443,790 

140 ADDITIONAL ACTIVITIES ........................................... 8,900 

Training, supplies, spares, and repair site support [8,900 ] 

180 US AFRICA COMMAND ................................................ 225,382 225,382 

190 US EUROPEAN COMMAND ........................................ 141,352 141,352 

200 US SOUTHERN COMMAND ........................................ 190,811 194,311 

Mission and Other Ship Operations ....................... [3,500 ] 

210 US FORCES KOREA ...................................................... 59,578 59,578 

SUBTOTAL OPERATING FORCES .................. 23,752,390 25,095,703 

MOBILIZATION 

220 STRATEGIC MOBILITY ................................................ 346,667 347,791 

UFR: Readiness increase ......................................... [1,124 ] 

230 ARMY PREPOSITIONED STOCKS .............................. 422,108 427,346 

UFR: Readiness increase ......................................... [5,238 ] 

240 INDUSTRIAL PREPAREDNESS .................................. 7,750 7,750 

SUBTOTAL MOBILIZATION ............................. 776,525 782,887 

TRAINING AND RECRUITING 

250 OFFICER ACQUISITION .............................................. 137,556 137,556 

260 RECRUIT TRAINING .................................................... 58,872 60,264 

UFR: Recruit training .............................................. [1,392 ] 

270 ONE STATION UNIT TRAINING ................................ 58,035 59,921 

UFR: One Station Unit Training ............................ [1,886 ] 

280 SENIOR RESERVE OFFICERS TRAINING CORPS .. 505,089 505,762 

UFR: Supports commissions for increase end 

strength ................................................................. [673 ] 

290 SPECIALIZED SKILL TRAINING ................................ 1,015,541 1,033,978 

Leadership development and training ................... [3,144 ] 

UFR: Supports increased capacity .......................... [15,293 ] 

300 FLIGHT TRAINING ....................................................... 1,124,115 1,124,115 

310 PROFESSIONAL DEVELOPMENT EDUCATION ..... 220,688 220,688 

320 TRAINING SUPPORT .................................................... 618,164 621,690 

Department of the Army directed training ............ [3,526 ] 

330 RECRUITING AND ADVERTISING ............................ 613,586 624,259 

UFR: Supports increased capacity .......................... [10,673 ] 

340 EXAMINING ................................................................... 171,223 171,223 

350 OFF-DUTY AND VOLUNTARY EDUCATION ............ 214,738 215,088 

UFR: Supports increased capacity .......................... [350 ] 

360 CIVILIAN EDUCATION AND TRAINING .................. 195,099 195,099 

370 JUNIOR RESERVE OFFICER TRAINING CORPS .... 176,116 176,116 

SUBTOTAL TRAINING AND RECRUITING .. 5,108,822 5,145,759 

ADMIN & SRVWIDE ACTIVITIES 

390 SERVICEWIDE TRANSPORTATION ........................... 555,502 709,965 

Logistics associated with increased end strength [57,900 ] 

UFR: Supports transportation equipment ............. [96,563 ] 

400 CENTRAL SUPPLY ACTIVITIES ................................. 894,208 894,208 

410 LOGISTIC SUPPORT ACTIVITIES .............................. 715,462 715,462 

420 AMMUNITION MANAGEMENT .................................. 446,931 446,931 

430 ADMINISTRATION ........................................................ 493,616 493,616 

440 SERVICEWIDE COMMUNICATIONS ......................... 2,084,922 2,112,822 

Annual maintenance of Enterprise License Agreements ..................................................................... [17,900 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1981 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

UFR: Army Regional Cyber Centers capabilities .. [10,000 ] 

450 MANPOWER MANAGEMENT ...................................... 259,588 259,588 

460 OTHER PERSONNEL SUPPORT ................................. 326,387 326,387 

470 OTHER SERVICE SUPPORT ........................................ 1,087,602 1,073,517 

Program decrease ..................................................... [–14,085 ] 

480 ARMY CLAIMS ACTIVITIES ........................................ 210,514 214,014 

UFR: Supports JAG increase needs ....................... [3,500 ] 

490 REAL ESTATE MANAGEMENT .................................. 243,584 256,737 

UFR: Supports engineering services ...................... [13,153 ] 

500 FINANCIAL MANAGEMENT AND AUDIT READINESS ............................................................................ 284,592 284,592 

510 INTERNATIONAL MILITARY HEADQUARTERS ..... 415,694 415,694 

520 MISC. SUPPORT OF OTHER NATIONS ..................... 46,856 46,856 

565 CLASSIFIED PROGRAMS ............................................. 1,242,222 1,247,222 

Army Analytics Group ............................................. [5,000 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................................................................... 9,307,680 9,497,611 

UNDISTRIBUTED 

570 UNDISTRIBUTED .......................................................... –415,900 

Excessive standard price for fuel ............................ [–31,100 ] 

Foreign Currency adjustments ............................... [–146,400 ] 

Historical unobligated balances .............................. [–238,400 ] 

SUBTOTAL UNDISTRIBUTED .......................... –415,900 

TOTAL OPERATION & MAINTENANCE, 

ARMY ................................................................ 38,945,417 40,106,060 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

010 MODULAR SUPPORT BRIGADES ............................... 11,461 11,747 

UFR: ARNG Operational Demand Model to 82% [286 ] 

020 ECHELONS ABOVE BRIGADE .................................... 577,410 593,053 

UFR: ARNG Operational Demand Model to 82% [15,643 ] 

030 THEATER LEVEL ASSETS .......................................... 117,298 122,016 

UFR: Operational Demand Model to 82% .............. [4,718 ] 

040 LAND FORCES OPERATIONS SUPPORT .................. 552,016 564,934 

UFR: Operational Demand Model to 82% .............. [12,918 ] 

050 AVIATION ASSETS ........................................................ 80,302 81,461 

Increase aviation readiness ..................................... [1,159 ] 

060 FORCE READINESS OPERATIONS SUPPORT ......... 399,035 403,858 

Pay and allowances for career development training .......................................................................... [223 ] 

UFR: Support additional capacity .......................... [4,600 ] 

070 LAND FORCES SYSTEMS READINESS ..................... 102,687 102,687 

080 LAND FORCES DEPOT MAINTENANCE .................. 56,016 56,016 

090 BASE OPERATIONS SUPPORT ................................... 599,947 600,497 

UFR: Support 6k additional endstrength .............. [550 ] 

100 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 273,940 324,690 

Demolition of excess facilities ................................. [20,000 ] 

UFR: Address facility restoration backlog ............. [4,465 ] 

UFR: Increased facilities sustainment ................... [26,285 ] 

110 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 22,909 22,909 

SUBTOTAL OPERATING FORCES .................. 2,793,021 2,883,868 

ADMIN & SRVWD ACTIVITIES 

120 SERVICEWIDE TRANSPORTATION ........................... 11,116 11,116 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1982 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

130 ADMINISTRATION ........................................................ 17,962 17,962 

140 SERVICEWIDE COMMUNICATIONS ......................... 18,550 20,950 

UFR: Equipment support ........................................ [2,400 ] 

150 MANPOWER MANAGEMENT ...................................... 6,166 6,166 

160 RECRUITING AND ADVERTISING ............................ 60,027 60,027 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 113,821 116,221 

UNDISTRIBUTED 

190 UNDISTRIBUTED .......................................................... –3,800 

Excessive standard price for fuel ............................ [–3,800 ] 

SUBTOTAL UNDISTRIBUTED .......................... –3,800 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES ....................................................... 2,906,842 2,996,289 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 777,883 794,862 

UFR: Readiness increase ......................................... [16,979 ] 

020 MODULAR SUPPORT BRIGADES ............................... 190,639 190,639 

030 ECHELONS ABOVE BRIGADE .................................... 807,557 819,457 

UFR: Operational Demand Model to 82% .............. [11,900 ] 

040 THEATER LEVEL ASSETS .......................................... 85,476 93,376 

UFR: Operational Demand Model to 82% .............. [7,900 ] 

050 LAND FORCES OPERATIONS SUPPORT .................. 36,672 38,897 

UFR: Increased aviation readiness ......................... [2,225 ] 

060 AVIATION ASSETS ........................................................ 956,381 974,581 

Increase aviation readiness ..................................... [18,200 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 777,756 777,856 

UFR: Supports increased capacity .......................... [100 ] 

080 LAND FORCES SYSTEMS READINESS ..................... 51,506 51,506 

090 LAND FORCES DEPOT MAINTENANCE .................. 244,942 244,942 

100 BASE OPERATIONS SUPPORT ................................... 1,144,726 1,148,576 

UFR: Support increase end-strength ...................... [3,850 ] 

110 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 781,895 901,734 

Demolition of excess facilities ................................. [25,000 ] 

UFR: Address facility restoration backlog ............. [20,108 ] 

UFR: Facilities Sustainment improvement ........... [74,731 ] 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS .................................................................. 999,052 999,292 

UFR: Support increase end-strength ...................... [240 ] 

SUBTOTAL OPERATING FORCES .................. 6,854,485 7,035,718 

ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ........................... 7,703 7,703 

140 ADMINISTRATION ........................................................ 79,236 80,386 

Department of Defense State Partnership Program ....................................................................... [1,150 ] 

150 SERVICEWIDE COMMUNICATIONS ......................... 85,160 94,760 

Annual maintenance of Enterprise License Agreements ..................................................................... [9,600 ] 

160 MANPOWER MANAGEMENT ...................................... 8,654 8,654 

170 OTHER PERSONNEL SUPPORT ................................. 268,839 277,339 

UFR: Behavior Health Specialists .......................... [8,500 ] 

180 REAL ESTATE MANAGEMENT .................................. 3,093 3,093 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 452,685 471,935 

UNDISTRIBUTED 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1983 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

190 UNDISTRIBUTED .......................................................... –16,100 

Excessive standard price for fuel ............................ [–16,100 ] 

SUBTOTAL UNDISTRIBUTED .......................... –16,100 

TOTAL OPERATION & MAINTENANCE, 

ARNG ................................................................ 7,307,170 7,491,553 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 5,544,165 5,566,165 

Cbt logistics Mnt for TAO–187 ............................... [22,000 ] 

020 FLEET AIR TRAINING ................................................. 2,075,000 2,075,000 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ................................................................... 46,801 46,801 

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 119,624 119,624 

050 AIR SYSTEMS SUPPORT ............................................. 552,536 594,536 

UFR: Fund to Max Executable ............................... [42,000 ] 

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,088,482 1,088,482 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 40,584 40,584 

080 AVIATION LOGISTICS .................................................. 723,786 843,786 

UFR: Fund to Max Executable ............................... [120,000 ] 

090 MISSION AND OTHER SHIP OPERATIONS ............. 4,067,334 4,067,334 

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 977,701 977,701 

110 SHIP DEPOT MAINTENANCE .................................... 7,839,358 7,839,358 

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 2,193,851 2,193,851 

130 COMBAT COMMUNICATIONS AND ELECTRONIC 

WARFARE ................................................................... 1,288,094 1,294,094 

Logistics support for legacy C41 systems .............. [6,000 ] 

150 SPACE SYSTEMS AND SURVEILLANCE .................. 206,678 206,678 

160 WARFARE TACTICS ...................................................... 621,581 622,581 

UFR: Operational range Clearance and Environmental Compliance ............................................... [1,000 ] 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ......................................................................... 370,681 370,681 

180 COMBAT SUPPORT FORCES ...................................... 1,437,966 1,454,966 

Coastal Riverine Force meet operational requirements ..................................................................... [7,000 ] 

COMPACFLT C41 Upgrade .................................... [10,000 ] 

190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT ..................................................... 162,705 162,705 

210 COMBATANT COMMANDERS CORE OPERATIONS 65,108 65,108 

220 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ..................................................................... 86,892 155,992 

Joint Training Capability and Exercise Programs [64,100 ] 

No-Notice Agile Logistics Exercise ......................... [5,000 ] 

230 MILITARY INFORMATION SUPPORT OPERATIONS ........................................................................ 8,427 8,427 

240 CYBERSPACE ACTIVITIES .......................................... 385,212 385,212 

260 FLEET BALLISTIC MISSILE ....................................... 1,278,456 1,278,456 

280 WEAPONS MAINTENANCE ......................................... 745,680 750,680 

UFR: Munitions wholeness ..................................... [5,000 ] 

290 OTHER WEAPON SYSTEMS SUPPORT ..................... 380,016 380,016 

300 ENTERPRISE INFORMATION ..................................... 914,428 914,428 

310 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 1,905,679 2,290,879 

Demolition of excess facilities ................................. [50,000 ] 

NHHC Reduction ..................................................... [–29,000 ] 

Restore restoration and modernization shortfalls [87,200 ] 

UFR: 88% of Facility Sustainment requirements [277,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1984 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

320 BASE OPERATING SUPPORT ..................................... 4,333,688 4,356,688 

Operational range clearance ................................... [11,000 ] 

Port Operations Service Craft Maintenance .......... [12,000 ] 

SUBTOTAL OPERATING FORCES .................. 39,460,513 40,150,813 

MOBILIZATION 

330 SHIP PREPOSITIONING AND SURGE ...................... 417,450 427,450 

UFR: Strategic Sealift ............................................. [10,000 ] 

360 SHIP ACTIVATIONS/INACTIVATIONS ...................... 198,341 198,341 

370 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 66,849 66,849 

390 COAST GUARD SUPPORT ........................................... 21,870 21,870 

SUBTOTAL MOBILIZATION ............................. 704,510 714,510 

TRAINING AND RECRUITING 

400 OFFICER ACQUISITION .............................................. 143,924 143,924 

410 RECRUIT TRAINING .................................................... 8,975 8,975 

420 RESERVE OFFICERS TRAINING CORPS .................. 144,708 144,708 

430 SPECIALIZED SKILL TRAINING ................................ 812,708 812,708 

450 PROFESSIONAL DEVELOPMENT EDUCATION ..... 180,448 182,448 

Naval Sea Cadets ..................................................... [2,000 ] 

460 TRAINING SUPPORT .................................................... 234,596 234,596 

470 RECRUITING AND ADVERTISING ............................ 177,517 177,517 

480 OFF-DUTY AND VOLUNTARY EDUCATION ............ 103,154 103,154 

490 CIVILIAN EDUCATION AND TRAINING .................. 72,216 72,216 

500 JUNIOR ROTC ................................................................ 53,262 53,262 

SUBTOTAL TRAINING AND RECRUITING .. 1,931,508 1,933,508 

ADMIN & SRVWD ACTIVITIES 

510 ADMINISTRATION ........................................................ 1,135,429 1,126,429 

Program decrease ..................................................... [–9,000 ] 

530 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 149,365 149,365 

540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 386,749 386,749 

590 SERVICEWIDE TRANSPORTATION ........................... 165,301 165,301 

610 PLANNING, ENGINEERING, AND PROGRAM SUPPORT ............................................................................ 311,616 311,616 

620 ACQUISITION, LOGISTICS, AND OVERSIGHT ....... 665,580 665,580 

660 INVESTIGATIVE AND SECURITY SERVICES .......... 659,143 659,143 

775 CLASSIFIED PROGRAMS ............................................. 543,193 543,193 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,016,376 4,007,376 

UNDISTRIBUTED 

780 UNDISTRIBUTED .......................................................... –415,400 

Excessive standard price for fuel ............................ [–216,600 ] 

Foreign Currency adjustments ............................... [–35,300 ] 

Historical unobligated balances .............................. [–163,500 ] 

SUBTOTAL UNDISTRIBUTED .......................... –415,400 

TOTAL OPERATION & MAINTENANCE, 

NAVY ................................................................. 46,112,907 46,390,807 

OPERATION & MAINTENANCE, MARINE 

CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................. 967,949 967,949 

020 FIELD LOGISTICS ......................................................... 1,065,090 1,068,190 

UFR: Long Endurance Small UAS ......................... [3,100 ] 

030 DEPOT MAINTENANCE ............................................... 286,635 286,635 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1985 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

040 MARITIME PREPOSITIONING .................................... 85,577 85,577 

050 CYBERSPACE ACTIVITIES .......................................... 181,518 181,518 

060 SUSTAINMENT, RESTORATION & MODERNIZATION ............................................................................. 785,264 904,355 

Demolition of excess facilities ................................. [40,000 ] 

Restore restoration and modernization shortfalls [35,300 ] 

UFR: Facilities Sustainment to 80% ...................... [43,791 ] 

070 BASE OPERATING SUPPORT ..................................... 2,196,252 2,196,252 

SUBTOTAL OPERATING FORCES .................. 5,568,285 5,690,476 

TRAINING AND RECRUITING 

080 RECRUIT TRAINING .................................................... 16,163 16,163 

090 OFFICER ACQUISITION .............................................. 1,154 1,154 

100 SPECIALIZED SKILL TRAINING ................................ 100,398 100,398 

110 PROFESSIONAL DEVELOPMENT EDUCATION ..... 46,474 46,474 

120 TRAINING SUPPORT .................................................... 405,039 405,039 

130 RECRUITING AND ADVERTISING ............................ 201,601 201,601 

140 OFF-DUTY AND VOLUNTARY EDUCATION ............ 32,045 32,045 

150 JUNIOR ROTC ................................................................ 24,394 24,394 

SUBTOTAL TRAINING AND RECRUITING .. 827,268 827,268 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION ........................... 28,827 28,827 

170 ADMINISTRATION ........................................................ 378,683 375,683 

Program decrease ..................................................... [–3,000 ] 

190 ACQUISITION AND PROGRAM MANAGEMENT ..... 77,684 77,684 

215 CLASSIFIED PROGRAMS ............................................. 52,661 52,661 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 537,855 534,855 

UNDISTRIBUTED 

220 UNDISTRIBUTED .......................................................... –36,900 

Excessive standard price for fuel ............................ [–2,700 ] 

Foreign Currency adjustments ............................... [–11,400 ] 

Historical unobligated balances .............................. [–22,800 ] 

SUBTOTAL UNDISTRIBUTED .......................... –36,900 

TOTAL OPERATION & MAINTENANCE, 

MARINE CORPS ............................................ 6,933,408 7,015,699 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 596,876 596,876 

020 INTERMEDIATE MAINTENANCE .............................. 5,902 5,902 

030 AIRCRAFT DEPOT MAINTENANCE .......................... 94,861 94,861 

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 381 381 

050 AVIATION LOGISTICS .................................................. 13,822 13,822 

060 SHIP OPERATIONS SUPPORT & TRAINING ........... 571 571 

070 COMBAT COMMUNICATIONS .................................... 16,718 16,718 

080 COMBAT SUPPORT FORCES ...................................... 118,079 118,079 

090 CYBERSPACE ACTIVITIES .......................................... 308 308 

100 ENTERPRISE INFORMATION ..................................... 28,650 28,650 

110 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 86,354 95,854 

Restore restoration and modernization shortfalls [1,500 ] 

Restore sustainment shortfalls ............................... [8,000 ] 

120 BASE OPERATING SUPPORT ..................................... 103,596 103,596 

SUBTOTAL OPERATING FORCES .................. 1,066,118 1,075,618 

ADMIN & SRVWD ACTIVITIES 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1986 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

130 ADMINISTRATION ........................................................ 1,371 1,371 

140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 13,289 13,289 

160 ACQUISITION AND PROGRAM MANAGEMENT ..... 3,229 3,229 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,889 17,889 

UNDISTRIBUTED 

180 UNDISTRIBUTED .......................................................... –14,800 

Excessive standard price for fuel ............................ [–14,800 ] 

SUBTOTAL UNDISTRIBUTED .......................... –14,800 

TOTAL OPERATION & MAINTENANCE, 

NAVY RES ....................................................... 1,084,007 1,078,707 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................... 103,468 103,468 

020 DEPOT MAINTENANCE ............................................... 18,794 18,794 

030 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 32,777 37,754 

Restore restoration and modernization shortfalls [3,900 ] 

UFR: Facilities Sustainment to 80% ...................... [1,077 ] 

040 BASE OPERATING SUPPORT ..................................... 111,213 111,213 

SUBTOTAL OPERATING FORCES .................. 266,252 271,229 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ........................................................ 12,585 12,585 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 12,585 12,585 

UNDISTRIBUTED 

080 UNDISTRIBUTED .......................................................... –500 

Excessive standard price for fuel ............................ [–500 ] 

SUBTOTAL UNDISTRIBUTED .......................... –500 

TOTAL OPERATION & MAINTENANCE, 

MC RESERVE ................................................. 278,837 283,314 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 694,702 718,102 

Adversarial Air Training- mission qualification .... [10,200 ] 

UFR: NC3 & Other Nuclear Requirements ........... [9,000 ] 

UFR: PACAF Contingency Response Group .......... [4,200 ] 

020 COMBAT ENHANCEMENT FORCES ......................... 1,392,326 1,618,626 

Air and Space Operations Center ........................... [104,800 ] 

UFR: Airmen Readiness Training .......................... [8,900 ] 

UFR: Cyber Requirements ...................................... [70,400 ] 

Unified capabilities .................................................. [42,200 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ........................................................................ 1,128,640 1,231,140 

F–35 maintenance instructors ................................ [49,700 ] 

Readiness decision support enterprise ................... [1,600 ] 

UFR: Contract Adversary Air ................................. [51,200 ] 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 2,755,367 2,854,567 

UFR: Airmen Readiness Training .......................... [7,100 ] 

UFR: WSS funded at 89% ....................................... [92,100 ] 

050 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 3,292,553 3,799,853 

Demolition of excess facilities ................................. [50,000 ] 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1987 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

Restore restoration and modernization shortfalls [153,300 ] 

Restore sustainment shortfalls ............................... [304,000 ] 

060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 6,555,186 6,752,686 

UFR: E–4B Maintenance personnel ....................... [1,000 ] 

UFR: EC–130H Compass Call ................................ [12,000 ] 

UFR: Sustain 3 additional C–37B .......................... [6,800 ] 

UFR: Weapon Systems Sustainment ...................... [177,700 ] 

070 FLYING HOUR PROGRAM ........................................... 4,135,330 4,135,330 

080 BASE SUPPORT ............................................................. 5,985,232 6,076,832 

UFR: Funds mission readiness at installations .... [91,600 ] 

090 GLOBAL C3I AND EARLY WARNING ........................ 847,516 973,216 

Space based readiness shortfalls ............................ [32,900 ] 

UFR: Cyber Requirements ...................................... [35,300 ] 

UFR: NC3 & Other Nuclear Requirements ........... [57,500 ] 

100 OTHER COMBAT OPS SPT PROGRAMS ................... 1,131,817 1,166,717 

ISR sustainment and readiness .............................. [9,800 ] 

UFR: Cyber Requirements ...................................... [15,000 ] 

UFR: PACAF Contingency Response Group .......... [10,100 ] 

120 LAUNCH FACILITIES ................................................... 175,457 175,457 

130 SPACE CONTROL SYSTEMS ....................................... 353,458 368,458 

Operationalizing commercial SSA .......................... [15,000 ] 

160 US NORTHCOM/NORAD .............................................. 189,891 189,891 

170 US STRATCOM ............................................................... 534,236 534,236 

180 US CYBERCOM .............................................................. 357,830 357,830 

190 US CENTCOM ................................................................ 168,208 168,208 

200 US SOCOM ...................................................................... 2,280 2,280 

210 US TRANSCOM .............................................................. 533 533 

215 CLASSIFIED PROGRAMS ............................................. 1,091,655 1,091,655 

SUBTOTAL OPERATING FORCES .................. 30,792,217 32,215,617 

MOBILIZATION 

220 AIRLIFT OPERATIONS ................................................. 1,570,697 1,572,497 

UFR: sustain 3 additional C–37B ........................... [1,800 ] 

230 MOBILIZATION PREPAREDNESS .............................. 130,241 165,841 

Basic Expeditionary Airfield Resources PACOM .. [22,600 ] 

BEAR PACOM spares ............................................. [2,900 ] 

PACAF Contingency response group ...................... [10,100 ] 

SUBTOTAL MOBILIZATION ............................. 1,700,938 1,738,338 

TRAINING AND RECRUITING 

270 OFFICER ACQUISITION .............................................. 113,722 113,722 

280 RECRUIT TRAINING .................................................... 24,804 24,804 

290 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 95,733 95,733 

320 SPECIALIZED SKILL TRAINING ................................ 395,476 395,476 

330 FLIGHT TRAINING ....................................................... 501,599 501,599 

340 PROFESSIONAL DEVELOPMENT EDUCATION ..... 287,500 287,500 

350 TRAINING SUPPORT .................................................... 91,384 91,384 

370 RECRUITING AND ADVERTISING ............................ 166,795 166,795 

380 EXAMINING ................................................................... 4,134 4,134 

390 OFF-DUTY AND VOLUNTARY EDUCATION ............ 222,691 222,691 

400 CIVILIAN EDUCATION AND TRAINING .................. 171,974 171,974 

410 JUNIOR ROTC ................................................................ 60,070 60,070 

SUBTOTAL TRAINING AND RECRUITING .. 2,135,882 2,135,882 

ADMIN & SRVWD ACTIVITIES 

420 LOGISTICS OPERATIONS ............................................ 805,453 805,453 

430 TECHNICAL SUPPORT ACTIVITIES ......................... 127,379 127,379 

470 ADMINISTRATION ........................................................ 911,283 911,283 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1988 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

480 SERVICEWIDE COMMUNICATIONS ......................... 432,172 432,172 

490 OTHER SERVICEWIDE ACTIVITIES ......................... 1,175,658 1,170,658 

Program decrease ..................................................... [–5,000 ] 

500 CIVIL AIR PATROL ....................................................... 26,719 29,819 

Civil Air Patrol ......................................................... [3,100 ] 

530 INTERNATIONAL SUPPORT ....................................... 76,878 76,878 

535 CLASSIFIED PROGRAMS ............................................. 1,263,403 1,263,403 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,818,945 4,817,045 

UNDISTRIBUTED 

540 UNDISTRIBUTED .......................................................... –404,900 

Excessive standard price for fuel ............................ [–204,200 ] 

Foreign Currency adjustments ............................... [–84,300 ] 

Historical unobligated balances .............................. [–156,300 ] 

UFR: Child and Youth Compliance ........................ [35,000 ] 

UFR: Violence Prevention Program ....................... [4,900 ] 

SUBTOTAL UNDISTRIBUTED .......................... –404,900 

TOTAL OPERATION & MAINTENANCE, 

AIR FORCE ..................................................... 39,447,982 40,501,982 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 1,801,007 1,801,007 

020 MISSION SUPPORT OPERATIONS ............................ 210,642 210,642 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 403,867 403,867 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 124,951 140,251 

Restore restoration and modernization shortfalls [5,600 ] 

Restore sustainment shortfalls ............................... [9,700 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 240,835 284,435 

C–17 CLS workload ................................................. [5,700 ] 

C–17 depot-level repairable ..................................... [12,100 ] 

UFR: Weapon Systems Sustainment ...................... [25,800 ] 

060 BASE SUPPORT ............................................................. 371,878 405,878 

UFR: Restore maintenance and repair .................. [34,000 ] 

SUBTOTAL OPERATING FORCES .................. 3,153,180 3,246,080 

ADMINISTRATION AND SERVICEWIDE ACTIVITIES 

070 ADMINISTRATION ........................................................ 74,153 74,153 

080 RECRUITING AND ADVERTISING ............................ 19,522 19,522 

090 MILITARY MANPOWER AND PERS MGMT (ARPC) 12,765 12,765 

100 OTHER PERS SUPPORT (DISABILITY COMP) ......... 7,495 7,495 

110 AUDIOVISUAL ............................................................... 392 392 

SUBTOTAL ADMINISTRATION AND 

SERVICEWIDE ACTIVITIES .......................... 114,327 114,327 

UNDISTRIBUTED 

120 UNDISTRIBUTED .......................................................... –33,000 

Excessive standard price for fuel ............................ [–33,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –33,000 

TOTAL OPERATION & MAINTENANCE, 

AF RESERVE .................................................. 3,267,507 3,327,407 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1989 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

010 AIRCRAFT OPERATIONS ............................................. 3,175,055 3,175,055 

020 MISSION SUPPORT OPERATIONS ............................ 746,082 764,582 

Restore support operations ...................................... [18,500 ] 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 867,063 867,063 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 325,090 372,690 

Restore restoration and modernization shortfalls [14,600 ] 

Restore sustainment shortfalls ............................... [33,000 ] 

050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ........................................................... 1,100,829 1,210,829 

C–130 propulsion improvements ............................ [16,100 ] 

Maintenance for RC–26 a/c ..................................... [28,700 ] 

Sustain DCGS .......................................................... [6,500 ] 

UFR: Increase Weapons System Sustainment ...... [58,700 ] 

060 BASE SUPPORT ............................................................. 583,664 583,664 

SUBTOTAL OPERATING FORCES .................. 6,797,783 6,973,883 

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 

070 ADMINISTRATION ........................................................ 44,955 44,955 

080 RECRUITING AND ADVERTISING ............................ 97,230 97,230 

SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ................................... 142,185 142,185 

UNDISTRIBUTED 

090 UNDISTRIBUTED .......................................................... –65,300 

Excessive standard price for fuel ............................ [–65,300 ] 

SUBTOTAL UNDISTRIBUTED .......................... –65,300 

TOTAL OPERATION & MAINTENANCE, 

ANG ................................................................... 6,939,968 7,050,768 

OPERATION AND MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................... 440,853 440,853 

020 JOINT CHIEFS OF STAFF—CE2T2 ............................ 551,511 551,511 

040 SPECIAL OPERATIONS COMMAND/OPERATING 

FORCES ....................................................................... 5,008,274 5,014,574 

Unfunded Requirement- Joint Task Force Platform Expansion ..................................................... [6,300 ] 

SUBTOTAL OPERATING FORCES .................. 6,000,638 6,006,938 

TRAINING AND RECRUITING 

050 DEFENSE ACQUISITION UNIVERSITY .................... 144,970 149,970 

Increase for curriculum development ..................... [5,000 ] 

060 JOINT CHIEFS OF STAFF ........................................... 84,402 84,402 

080 SPECIAL OPERATIONS COMMAND/TRAINING 

AND RECRUITING ..................................................... 379,462 379,462 

SUBTOTAL TRAINING AND RECRUITING .. 608,834 613,834 

ADMIN & SRVWIDE ACTIVITIES 

090 CIVIL MILITARY PROGRAMS ..................................... 183,000 209,500 

National Guard Youth Challenge ........................... [1,500 ] 

STARBASE ............................................................... [25,000 ] 

110 DEFENSE CONTRACT AUDIT AGENCY ................... 597,836 597,836 

120 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,439,010 1,439,010 

130 DEFENSE HUMAN RESOURCES ACTIVITY ............ 807,754 807,754 

140 DEFENSE INFORMATION SYSTEMS AGENCY ....... 2,009,702 2,009,702 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1990 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

160 DEFENSE LEGAL SERVICES AGENCY .................... 24,207 24,207 

170 DEFENSE LOGISTICS AGENCY ................................. 400,422 414,722 

Procurement Technical Assistance Program 

(PTAP) ................................................................... [14,300 ] 

180 DEFENSE MEDIA ACTIVITY ....................................... 217,585 215,085 

Program decrease ..................................................... [–2,500 ] 

190 DEFENSE PERSONNEL ACCOUNTING AGENCY ... 131,268 131,268 

200 DEFENSE SECURITY COOPERATION AGENCY ..... 722,496 722,496 

210 DEFENSE SECURITY SERVICE ................................. 683,665 683,665 

230 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ..................................................................... 34,712 34,712 

240 DEFENSE THREAT REDUCTION AGENCY ............. 542,604 538,804 

Efficiencies from DTRA/JIDO integration ............. [–3,800 ] 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................ 2,794,389 2,844,389 

Impact aid for children with severe disabilities .... [10,000 ] 

Impact aid for schools with military dependent 

students ................................................................. [40,000 ] 

270 MISSILE DEFENSE AGENCY ...................................... 504,058 504,058 

290 OFFICE OF ECONOMIC ADJUSTMENT ................... 57,840 57,840 

300 OFFICE OF THE SECRETARY OF DEFENSE .......... 1,488,344 1,499,344 

CDC Study ................................................................ [7,000 ] 

Study on Air Force aircraft capacity and capabilities ......................................................................... [1,000 ] 

Support for Commission to Assess the Threat 

from Electromagnetic Pulse Attacks and Events [3,000 ] 

310 SPECIAL OPERATIONS COMMAND/ADMIN & 

SVC-WIDE ACTIVITIES ............................................ 94,273 94,273 

320 WASHINGTON HEADQUARTERS SERVICES .......... 436,776 436,776 

325 CLASSIFIED PROGRAMS ............................................. 14,830,139 14,830,139 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................................................................... 28,000,080 28,095,580 

UNDISTRIBUTED 

330 UNDISTRIBUTED .......................................................... –193,900 

Excessive standard price for fuel ............................ [–9,800 ] 

Foreign Currency adjustments ............................... [–19,400 ] 

Historical unobligated balances .............................. [–164,700 ] 

SUBTOTAL UNDISTRIBUTED .......................... –193,900 

TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE ............................ 34,609,552 34,522,452 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED 

FORCES, DEFENSE ................................................... 14,538 14,538 

020 OVERSEAS HUMANITARIAN, DISASTER AND 

CIVIC AID .................................................................... 104,900 104,900 

030 COOPERATIVE THREAT REDUCTION ..................... 324,600 324,600 

050 ENVIRONMENTAL RESTORATION, ARMY .............. 215,809 215,809 

060 ENVIRONMENTAL RESTORATION, NAVY .............. 281,415 323,649 

PFOA/PFOS Remediation ....................................... [42,234 ] 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 293,749 323,749 

PFOA/PFOS Remediation ....................................... [30,000 ] 

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 9,002 9,002 

090 ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES ................................................................ 208,673 208,673 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................................................................... 1,452,686 1,524,920 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1991 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE .... 189,286,283 192,289,958 

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 2018 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ............................................................ 828,225 828,225 

030 ECHELONS ABOVE BRIGADE ......................................... 25,474 25,474 

040 THEATER LEVEL ASSETS ................................................ 1,778,644 1,778,644 

050 LAND FORCES OPERATIONS SUPPORT ....................... 260,575 260,575 

060 AVIATION ASSETS ............................................................. 284,422 284,422 

070 FORCE READINESS OPERATIONS SUPPORT .............. 2,784,525 2,784,525 

080 LAND FORCES SYSTEMS READINESS .......................... 502,330 502,330 

090 LAND FORCES DEPOT MAINTENANCE ........................ 104,149 104,149 

100 BASE OPERATIONS SUPPORT ........................................ 80,249 80,249 

110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 32,000 32,000 

140 ADDITIONAL ACTIVITIES ................................................ 6,988,168 6,988,168 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM 5,000 5,000 

160 RESET ................................................................................... 864,926 614,926 

Realignment of depot operations to base .................... [–250,000 ] 

180 US AFRICA COMMAND ..................................................... 186,567 186,567 

190 US EUROPEAN COMMAND .............................................. 44,250 44,250 

SUBTOTAL OPERATING FORCES ....................... 14,769,504 14,519,504 

MOBILIZATION 

230 ARMY PREPOSITIONED STOCKS ................................... 56,500 56,500 

SUBTOTAL MOBILIZATION ................................... 56,500 56,500 

ADMIN & SRVWIDE ACTIVITIES 

390 SERVICEWIDE TRANSPORTATION ................................ 789,355 789,355 

400 CENTRAL SUPPLY ACTIVITIES ...................................... 16,567 16,567 

410 LOGISTIC SUPPORT ACTIVITIES ................................... 6,000 6,000 

420 AMMUNITION MANAGEMENT ....................................... 5,207 5,207 

460 OTHER PERSONNEL SUPPORT ...................................... 107,091 107,091 

490 REAL ESTATE MANAGEMENT ....................................... 165,280 165,280 

565 CLASSIFIED PROGRAMS .................................................. 1,083,390 1,083,390 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .. 2,172,890 2,172,890 

TOTAL OPERATION & MAINTENANCE, 

ARMY ..................................................................... 16,998,894 16,748,894 

OPERATION & MAINTENANCE, ARMY RES 

OPERATING FORCES 

020 ECHELONS ABOVE BRIGADE ......................................... 4,179 4,179 

040 LAND FORCES OPERATIONS SUPPORT ....................... 2,132 2,132 

060 FORCE READINESS OPERATIONS SUPPORT .............. 779 779 

090 BASE OPERATIONS SUPPORT ........................................ 17,609 17,609 

SUBTOTAL OPERATING FORCES ....................... 24,699 24,699 

TOTAL OPERATION & MAINTENANCE, 

ARMY RES ............................................................ 24,699 24,699 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1992 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARNG 

OPERATING FORCES 

010 MANEUVER UNITS ............................................................ 41,731 41,731 

020 MODULAR SUPPORT BRIGADES .................................... 762 762 

030 ECHELONS ABOVE BRIGADE ......................................... 11,855 11,855 

040 THEATER LEVEL ASSETS ................................................ 204 204 

060 AVIATION ASSETS ............................................................. 27,583 27,583 

070 FORCE READINESS OPERATIONS SUPPORT .............. 5,792 5,792 

100 BASE OPERATIONS SUPPORT ........................................ 18,507 18,507 

120 MANAGEMENT AND OPERATIONAL HEADQUARTERS ....................................................................... 937 937 

SUBTOTAL OPERATING FORCES ....................... 107,371 107,371 

ADMIN & SRVWD ACTIVITIES 

150 SERVICEWIDE COMMUNICATIONS .............................. 740 740 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 740 740 

TOTAL OPERATION & MAINTENANCE, 

ARNG ..................................................................... 108,111 108,111 

AFGHANISTAN SECURITY FORCES FUND 

MINISTRY OF DEFENSE 

010 SUSTAINMENT ................................................................... 2,660,855 2,660,855 

020 INFRASTRUCTURE ............................................................ 21,000 21,000 

030 EQUIPMENT AND TRANSPORTATION .......................... 684,786 684,786 

040 TRAINING AND OPERATIONS ........................................ 405,117 405,117 

SUBTOTAL MINISTRY OF DEFENSE .................. 3,771,758 3,771,758 

MINISTRY OF INTERIOR 

050 SUSTAINMENT ................................................................... 955,574 955,574 

060 INFRASTRUCTURE ............................................................ 39,595 39,595 

070 EQUIPMENT AND TRANSPORTATION .......................... 75,976 75,976 

080 TRAINING AND OPERATIONS ........................................ 94,612 94,612 

SUBTOTAL MINISTRY OF INTERIOR ................ 1,165,757 1,165,757 

TOTAL AFGHANISTAN SECURITY FORCES 

FUND ..................................................................... 4,937,515 4,937,515 

COUNTER-ISIS TRAIN & EQUIP FUND 

COUNTER-ISIS TRAIN AND EQUIP FUND (CTEF) 

010 IRAQ ...................................................................................... 1,269,000 1,269,000 

020 SYRIA .................................................................................... 500,000 500,000 

SUBTOTAL COUNTER-ISIS TRAIN AND 

EQUIP FUND (CTEF) ............................................ 1,769,000 1,769,000 

TOTAL COUNTER-ISIS TRAIN & EQUIP 

FUND ..................................................................... 1,769,000 1,769,000 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............. 412,710 412,710 

020 FLEET AIR TRAINING ....................................................... 5,674 5,674 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ......................................................................... 1,750 1,750 

040 AIR OPERATIONS AND SAFETY SUPPORT .................. 2,989 2,989 

050 AIR SYSTEMS SUPPORT ................................................... 144,030 144,030 

060 AIRCRAFT DEPOT MAINTENANCE ............................... 211,196 211,196 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................. 1,921 1,921 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1993 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

080 AVIATION LOGISTICS ....................................................... 102,834 102,834 

090 MISSION AND OTHER SHIP OPERATIONS .................. 871,453 871,453 

100 SHIP OPERATIONS SUPPORT & TRAINING ................ 19,627 19,627 

110 SHIP DEPOT MAINTENANCE .......................................... 2,483,179 2,483,179 

130 COMBAT COMMUNICATIONS AND ELECTRONIC 

WARFARE ......................................................................... 58,886 58,886 

150 SPACE SYSTEMS AND SURVEILLANCE ....................... 4,400 4,400 

160 WARFARE TACTICS ........................................................... 21,550 21,550 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .............................................................................. 21,104 21,104 

180 COMBAT SUPPORT FORCES ........................................... 611,936 611,936 

190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT .......................................................... 11,433 11,433 

280 WEAPONS MAINTENANCE .............................................. 371,611 371,611 

290 OTHER WEAPON SYSTEMS SUPPORT .......................... 9,598 9,598 

310 SUSTAINMENT, RESTORATION AND MODERNIZATION .................................................................................. 31,898 31,898 

320 BASE OPERATING SUPPORT .......................................... 230,246 230,246 

SUBTOTAL OPERATING FORCES ....................... 5,630,025 5,630,025 

MOBILIZATION 

360 SHIP ACTIVATIONS/INACTIVATIONS ........................... 1,869 1,869 

370 EXPEDITIONARY HEALTH SERVICES SYSTEMS ....... 11,905 11,905 

390 COAST GUARD SUPPORT ................................................. 161,885 161,885 

SUBTOTAL MOBILIZATION ................................... 175,659 175,659 

TRAINING AND RECRUITING 

430 SPECIALIZED SKILL TRAINING ..................................... 43,369 43,369 

SUBTOTAL TRAINING AND RECRUITING ....... 43,369 43,369 

ADMIN & SRVWD ACTIVITIES 

510 ADMINISTRATION ............................................................. 3,217 3,217 

540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................................ 7,356 7,356 

590 SERVICEWIDE TRANSPORTATION ................................ 67,938 67,938 

620 ACQUISITION, LOGISTICS, AND OVERSIGHT ............. 9,446 9,446 

660 INVESTIGATIVE AND SECURITY SERVICES ............... 1,528 1,528 

775 CLASSIFIED PROGRAMS .................................................. 12,751 12,751 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 102,236 102,236 

TOTAL OPERATION & MAINTENANCE, 

NAVY ...................................................................... 5,951,289 5,951,289 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ................................................... 720,013 720,013 

020 FIELD LOGISTICS .............................................................. 256,536 256,536 

030 DEPOT MAINTENANCE .................................................... 52,000 52,000 

070 BASE OPERATING SUPPORT .......................................... 17,529 17,529 

SUBTOTAL OPERATING FORCES ....................... 1,046,078 1,046,078 

TRAINING AND RECRUITING 

120 TRAINING SUPPORT ......................................................... 29,421 29,421 

SUBTOTAL TRAINING AND RECRUITING ....... 29,421 29,421 

ADMIN & SRVWD ACTIVITIES 

160 SERVICEWIDE TRANSPORTATION ................................ 62,225 62,225 

215 CLASSIFIED PROGRAMS .................................................. 3,650 3,650 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 65,875 65,875 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1994 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS ....................................................... 1,141,374 1,141,374 

OPERATION & MAINTENANCE, NAVY RES 

OPERATING FORCES 

030 AIRCRAFT DEPOT MAINTENANCE ............................... 14,964 14,964 

080 COMBAT SUPPORT FORCES ........................................... 9,016 9,016 

SUBTOTAL OPERATING FORCES ....................... 23,980 23,980 

TOTAL OPERATION & MAINTENANCE, 

NAVY RES ............................................................ 23,980 23,980 

OPERATION & MAINTENANCE, MC RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ........................................................ 2,548 2,548 

040 BASE OPERATING SUPPORT .......................................... 819 819 

SUBTOTAL OPERATING FORCES ....................... 3,367 3,367 

TOTAL OPERATION & MAINTENANCE, MC 

RESERVE .............................................................. 3,367 3,367 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ............................................ 248,235 248,235 

020 COMBAT ENHANCEMENT FORCES ............................... 1,394,962 1,394,962 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ............................................................................. 5,450 5,450 

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE ..... 699,860 699,860 

050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 113,131 113,131 

060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM 

SUPPORT .......................................................................... 2,039,551 2,039,551 

070 FLYING HOUR PROGRAM ................................................ 2,059,363 2,059,363 

080 BASE SUPPORT .................................................................. 1,088,946 1,088,946 

090 GLOBAL C3I AND EARLY WARNING ............................. 15,274 15,274 

100 OTHER COMBAT OPS SPT PROGRAMS ......................... 198,090 198,090 

120 LAUNCH FACILITIES ........................................................ 385 385 

130 SPACE CONTROL SYSTEMS ............................................ 22,020 22,020 

160 US NORTHCOM/NORAD .................................................... 381 381 

170 US STRATCOM .................................................................... 698 698 

180 US CYBERCOM ................................................................... 35,239 35,239 

190 US CENTCOM ..................................................................... 159,520 159,520 

200 US SOCOM ........................................................................... 19,000 19,000 

215 CLASSIFIED PROGRAMS .................................................. 58,098 58,098 

SUBTOTAL OPERATING FORCES ....................... 8,158,203 8,158,203 

MOBILIZATION 

220 AIRLIFT OPERATIONS ...................................................... 1,430,316 1,430,316 

230 MOBILIZATION PREPAREDNESS ................................... 213,827 213,827 

SUBTOTAL MOBILIZATION ................................... 1,644,143 1,644,143 

TRAINING AND RECRUITING 

270 OFFICER ACQUISITION ................................................... 300 300 

280 RECRUIT TRAINING .......................................................... 298 298 

290 RESERVE OFFICERS TRAINING CORPS (ROTC) ......... 90 90 

320 SPECIALIZED SKILL TRAINING ..................................... 25,675 25,675 

330 FLIGHT TRAINING ............................................................ 879 879 

340 PROFESSIONAL DEVELOPMENT EDUCATION ........... 1,114 1,114 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1995 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

350 TRAINING SUPPORT ......................................................... 1,426 1,426 

SUBTOTAL TRAINING AND RECRUITING ....... 29,782 29,782 

ADMIN & SRVWD ACTIVITIES 

420 LOGISTICS OPERATIONS ................................................. 151,847 151,847 

430 TECHNICAL SUPPORT ACTIVITIES ............................... 8,744 8,744 

470 ADMINISTRATION ............................................................. 6,583 6,583 

480 SERVICEWIDE COMMUNICATIONS .............................. 129,508 129,508 

490 OTHER SERVICEWIDE ACTIVITIES .............................. 84,110 84,110 

530 INTERNATIONAL SUPPORT ............................................ 120 120 

535 CLASSIFIED PROGRAMS .................................................. 53,255 53,255 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ....... 434,167 434,167 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE ................................................................... 10,266,295 10,266,295 

OPERATION & MAINTENANCE, AF RESERVE 

OPERATING FORCES 

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE ..... 52,323 52,323 

060 BASE SUPPORT .................................................................. 6,200 6,200 

SUBTOTAL OPERATING FORCES ....................... 58,523 58,523 

TOTAL OPERATION & MAINTENANCE, AF 

RESERVE .............................................................. 58,523 58,523 

OPERATION & MAINTENANCE, ANG 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS .................................. 3,468 3,468 

060 BASE SUPPORT .................................................................. 11,932 11,932 

SUBTOTAL OPERATING FORCES ....................... 15,400 15,400 

TOTAL OPERATION & MAINTENANCE, ANG 15,400 15,400 

OPERATION AND MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ................................................ 4,841 4,841 

040 SPECIAL OPERATIONS COMMAND/OPERATING 

FORCES ............................................................................ 3,305,234 3,305,234 

SUBTOTAL OPERATING FORCES ....................... 3,310,075 3,310,075 

ADMIN & SRVWIDE ACTIVITIES 

110 DEFENSE CONTRACT AUDIT AGENCY ........................ 9,853 9,853 

120 DEFENSE CONTRACT MANAGEMENT AGENCY ........ 21,317 21,317 

140 DEFENSE INFORMATION SYSTEMS AGENCY ............ 64,137 64,137 

160 DEFENSE LEGAL SERVICES AGENCY .......................... 115,000 115,000 

180 DEFENSE MEDIA ACTIVITY ............................................ 13,255 13,255 

200 DEFENSE SECURITY COOPERATION AGENCY .......... 2,312,000 2,062,000 

Reduction to Coalition Support Funds ........................ [–100,000 ] 

Transfer of funds to Ukraine Security Assistance ..... [–150,000 ] 

260 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 31,000 31,000 

300 OFFICE OF THE SECRETARY OF DEFENSE ................ 34,715 34,715 

320 WASHINGTON HEADQUARTERS SERVICES ............... 3,179 3,179 

325 CLASSIFIED PROGRAMS .................................................. 1,878,713 1,878,713 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .. 4,483,169 4,233,169 

TOTAL OPERATION AND MAINTENANCE, 

DEFENSE-WIDE .................................................. 7,793,244 7,543,244 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1996 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2018 

Request 

Conference 

Authorized 

UKRAINE SECURITY ASSISTANCE 

UKRAINE SECURITY ASSISTANCE 

010 UKRAINE SECURITY ASSISTANCE ............................... 350,000 

Program increase .......................................................... [200,000 ] 

Transfer from DSCA ..................................................... [150,000 ] 

SUBTOTAL UKRAINE SECURITY ASSISTANCE ......................................................................... 350,000 

TOTAL UKRAINE SECURITY ASSISTANCE .. 350,000 

TOTAL OPERATION & MAINTENANCE ......... 49,091,691 48,941,691 

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 2018 

Request 

Conference 

Authorized 

Military Personnel Appropriations ....................................... 133,881,636 134,008,986 

Defense Innovation Board software review ................................. [1,000 ] 

Department of Defense State Partnership Program .................. [2,000 ] 

Historical unobligated balances ................................................... [–814,050 ] 

Increase Active Army end strength ............................................. [625,000 ] 

Increase Active Marine Corps end strength ................................ [80,000 ] 

Increase Army National Guard end strength ............................. [13,000 ] 

Increase Army Reserve end strength ........................................... [13,000 ] 

Military Personnel Pay Raise ....................................................... [206,400 ] 

Public-Private partnership on military spousal employment .... [1,000 ] 

Medicare-Eligible Retiree Health Fund Contributions .... 7,804,427 7,837,427 

Accrual payment associated with increased end strength ......... [33,000 ] 

Total, Military Personnel .................................................. 141,686,063 141,846,413 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1997 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2018 

Request 

Conference 

Authorized 

Military Personnel Appropriations ....................................... 4,326,172 4,326,172 

Total, Military Personnel Appropriations .................... 4,326,172 4,326,172 

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 2018 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

INDUSTRIAL OPERATIONS ...................................................... 43,140 43,140 

SUPPLY MANAGEMENT—ARMY ............................................. 40,636 40,636 

TOTAL WORKING CAPITAL FUND, ARMY ................ 83,776 83,776 

WORKING CAPITAL FUND, AIR FORCE 

TRANSPORTATION 

SUPPLY MANAGEMENT ............................................................ 66,462 66,462 

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 66,462 66,462 

WORKING CAPITAL FUND, DECA 

COMMISSARY OPERATIONS .................................................... 1,389,340 1,389,340 

TOTAL WORKING CAPITAL FUND, DECA ................ 1,389,340 1,389,340 

WORKING CAPITAL FUND, DEFENSE-WIDE 

ENERGY MANAGEMENT—DEFENSE 

SUPPLY CHAIN MANAGEMENT—DEFENSE ........................ 47,018 47,018 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 47,018 47,018 

NATIONAL DEFENSE SEALIFT FUND 

NATIONAL DEF SEALIFT VESSEL 

LG MED SPD RO/RO MAINTENANCE ..................................... 135,800 135,800 

DOD MOBILIZATION ALTERATIONS ...................................... 11,197 11,197 

TAH MAINTENANCE .................................................................. 54,453 54,453 

RESEARCH AND DEVELOPMENT ........................................... 18,622 18,622 

READY RESERVE FORCES ........................................................ 289,255 296,255 

Strategic Sealift SLEP ................................................... [7,000 ] 

TOTAL NATIONAL DEFENSE SEALIFT FUND ........ 509,327 516,327 

CHEM AGENTS & MUNITIONS DESTRUCTION 

CHEM DEMILITARIZATION—O&M ......................................... 104,237 104,237 

CHEM DEMILITARIZATION—RDT&E ..................................... 839,414 839,414 

CHEM DEMILITARIZATION—PROC ........................................ 18,081 18,081 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ................................................................................... 961,732 961,732 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 674,001 705,001 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 1998 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2018 

Request 

Conference 

Authorized 

National Guard counter-drug programs ...................... [10,000 ] 

SOUTHCOM ISR ........................................................... [21,000 ] 

DRUG DEMAND REDUCTION PROGRAM .............................. 116,813 116,813 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 790,814 821,814 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION AND MAINTENANCE .......................................... 334,087 334,087 

RDT&E ........................................................................................... 2,800 2,800 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 336,887 336,887 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 9,457,768 9,465,768 

Pre-mobilization health care under section 12304b .... [8,000 ] 

PRIVATE SECTOR CARE ............................................................ 15,317,732 15,317,732 

CONSOLIDATED HEALTH SUPPORT ...................................... 2,193,045 2,193,045 

INFORMATION MANAGEMENT ............................................... 1,803,733 1,803,733 

MANAGEMENT ACTIVITIES ..................................................... 330,752 330,752 

EDUCATION AND TRAINING ................................................... 737,730 737,730 

BASE OPERATIONS/COMMUNICATIONS ............................... 2,255,163 2,255,163 

RESEARCH ................................................................................... 9,796 9,796 

EXPLORATRY DEVELOPMENT ................................................ 64,881 64,881 

ADVANCED DEVELOPMENT .................................................... 246,268 246,268 

DEMONSTRATION/VALIDATION ............................................. 99,039 99,039 

ENGINEERING DEVELOPMENT .............................................. 170,602 170,602 

MANAGEMENT AND SUPPORT ................................................ 69,191 69,191 

CAPABILITIES ENHANCEMENT .............................................. 13,438 13,438 

INITIAL OUTFITTING ................................................................ 26,978 26,978 

REPLACEMENT & MODERNIZATION ..................................... 360,831 360,831 

THEATER MEDICAL INFORMATION PROGRAM 

JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM ............................................................................................ 8,326 8,326 

DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION ............................................................................. 499,193 499,193 

UNDISTRIBUTED ........................................................................ –219,600 

Change to Pharmacy Copayments ................................ [–62,000 ] 

Foreign Currency adjustments ..................................... [–15,500 ] 

Historical unobligated balances .................................... [–142,100 ] 

TOTAL DEFENSE HEALTH PROGRAM ...................... 33,664,466 33,452,866 

TOTAL OTHER AUTHORIZATIONS ............................. 37,849,822 37,676,222 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2018 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

INDUSTRIAL OPERATIONS 

SUPPLY MANAGEMENT—ARMY ............................................. 50,111 50,111 

TOTAL WORKING CAPITAL FUND, ARMY ................ 50,111 50,111 

WORKING CAPITAL FUND, DEFENSE-WIDE 

ENERGY MANAGEMENT—DEFENSE ..................................... 70,000 70,000 

SUPPLY CHAIN MANAGEMENT—DEFENSE ........................ 28,845 28,845 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 98,845 98,845 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1999 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2018 

Request 

Conference 

Authorized 

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 196,300 196,300 

TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ................................................................. 196,300 196,300 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION AND MAINTENANCE .......................................... 24,692 24,692 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 24,692 24,692 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 61,857 61,857 

PRIVATE SECTOR CARE ............................................................ 331,968 331,968 

CONSOLIDATED HEALTH SUPPORT ...................................... 1,980 1,980 

TOTAL DEFENSE HEALTH PROGRAM ...................... 395,805 395,805 

TOTAL OTHER AUTHORIZATIONS ............................. 765,753 765,753 

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 2018 Request 

Conference 

Authorized 

Alabama 

Army Fort Rucker Training Support Facility ......................... 38,000 38,000 

Arizona 

Army Davis-Monthan 

AFB 

General Instruction Building ................... 22,000 22,000 

Army Fort Huachuca Ground Transport Equipment Building .. 30,000 30,000 

California 

Army Fort Irwin Land Acquisition ....................................... 3,000 3,000 

Colorado 

Army Fort Carson Ammunition Supply Point ........................ 21,000 21,000 

Army Fort Carson Battlefield Weather Facility ..................... 8,300 8,300 

Florida 

Army Eglin AFB Multipurpose Range Complex .................. 18,000 18,000 

Georgia 

Army Fort Benning Air Traffic Control Tower ......................... 0 10,800 

Army Fort Benning Training Support Facility ......................... 28,000 28,000 

Army Fort Gordon Access Control Point ................................. 33,000 33,000 

Army Fort Gordon Automation-Aided Instructional Building 18,500 18,500 

Germany 

Army Stuttgart Commissary ............................................... 40,000 40,000 

Army Wiesbaden Administrative Building ........................... 43,000 43,000 

Hawaii 

Army Fort Shafter Command and Control Facility, Incr 3 ... 90,000 90,000 

Army Pohakuloa Training Area Operational Readiness Training Complex (Barracks).0 25,000 

Indiana 

Army Crane Army Ammunition Activity 

Shipping and Receiving Building ............ 24,000 24,000 

Korea 

Army Kunsan AB Unmanned Aerial Vehicle Hangar .......... 53,000 53,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2000 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

New York 

Army U.S. Military 

Academy 

Cemetery .................................................... 22,000 22,000 

South Carolina 

Army Fort Jackson Reception Barracks Complex, PH1 .......... 60,000 60,000 

Army Shaw AFB Mission Training Complex ....................... 25,000 25,000 

Texas 

Army Camp Bullis Vehicle Maintenance Shop ....................... 13,600 13,600 

Army Fort Hood Battalion Headquarters Complex ............ 37,000 37,000 

Army Fort Hood Vehicle Maintenance Shop ....................... 0 33,000 

Turkey 

Army Turkey Various Forward Operating Site ........................... 6,400 0 

Virginia 

Army Fort Belvoir Secure Admin/Operations Facility, Incr 3 14,124 14,124 

Army Joint Base Langley-Eustis Aircraft Maintenance Instructional Bldg 34,000 34,000 

Army Joint Base MyerHenderson Security Fence ........................................... 20,000 20,000 

Washington 

Army Joint Base LewisMcChord Confinement Facility ................................ 66,000 66,000 

Army Yakima Fire Station ............................................... 19,500 19,500 

Worldwide Unspecified 

Army Unspecified 

Worldwide Locations 

ERI: Planning and Design ....................... 0 0 

Army Unspecified 

Worldwide Locations 

Host Nation Support ................................. 28,700 28,700 

Army Unspecified 

Worldwide Locations 

Planning and Design ................................ 72,770 72,770 

Army Unspecified 

Worldwide Locations 

Prior Year Savings: Unspecified Minor 

Construction, Army.

0 0 

Army Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 31,500 31,500 

Military Construction, Army Total .............................................................. 920,394 982,794 

Arizona 

Navy Yuma Enlisted Dining Facility & Community 

Bldgs.

36,358 36,358 

California 

Navy Barstow Combat Vehicle Repair Facility ............... 36,539 36,539 

Navy Camp Pendleton Ammunition Supply Point Upgrade ........ 61,139 61,139 

Navy Coronado Undersea Rescue Command Operations 

Building.

0 36,000 

Navy Lemoore F/A 18 Avionics Repair Facility Replacement.60,828 60,828 

Navy Miramar Aircraft Maintenance Hangar (Inc 2) ...... 39,600 39,600 

Navy Miramar F–35 Simulator Facility ........................... 0 47,600 

Navy San Diego P440 Pier 8 Replacement ......................... 0 0 

Navy Twentynine 

Palms 

Potable Water Treatment/Blending Facility.55,099 55,099 

District of Columbia 

Navy NSA Washington Electronics Science and Technology Laboratory.37,882 37,882 

Navy NSA Washington Washington Navy Yard AT/FP ................ 60,000 0 

Djibouti 

Navy Camp Lemonier Aircraft Parking Apron Expansion .......... 13,390 0 

Florida 

Navy Mayport Advanced Wastewater Treatment Plant 

(AWWTP).

74,994 74,994 

Navy Mayport Missile Magazines ..................................... 9,824 9,824 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2001 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Navy Mayport P426 Littoral Combat Ship (LCS) Support Facility (LSF).0 0 

Navy Mayport P427 Littoral Combat Ship (LCS) Training Facility (LSF).0 0 

Georgia 

Navy Albany Combat Vehicle Warehouse ..................... 0 43,300 

Greece 

Navy Souda Bay Strategic Aircraft Parking Apron Expansion.22,045 22,045 

Guam 

Navy Joint Region Marianas Aircraft Maintenance Hangar #2 ............ 75,233 75,233 

Navy Joint Region Marianas Corrosion Control Hangar ........................ 66,747 66,747 

Navy Joint Region Marianas MALS Facilities ........................................ 49,431 49,431 

Navy Joint Region Marianas Navy-Commercial Tie-in Hardening ....... 37,180 37,180 

Navy Joint Region Marianas Water Well Field ....................................... 56,088 56,088 

Hawaii 

Navy Joint Base Pearl 

Harbor-Hickam 

Sewer Lift Station & Relief Sewer Line 73,200 73,200 

Navy Kaneohe Bay LHD Pad Conversions MV–22 Landing 

Pads.

19,012 19,012 

Navy Kaneohe Bay Mokapu Gate Entry Control AT/FP Compliance.0 26,492 

Navy Wahiawa Communications/Crypto Facility ............. 65,864 65,864 

Japan 

Navy Iwakuni KC130J Enlisted Aircrew Trainer Facility.21,860 21,860 

Maine 

Navy Kittery Paint, Blast, and Rubber Facility ............ 61,692 61,692 

North Carolina 

Navy Camp Lejeune Bachelor Enlisted Quarters ..................... 37,983 37,983 

Navy Camp Lejeune Water Treatment Plant Replacement 

Hadnot Pt.

65,784 65,784 

Navy Cherry Point Marine Corps Air 

Station 

F–35B Vertical Lift Fan Test Facility ..... 15,671 15,671 

Navy Camp Lejeune Radio BN Complex, Phase 2 .................... 0 0 

Virginia 

Navy Dam Neck ISR Operations Facility Expansion ......... 29,262 29,262 

Navy Joint Expeditionary Base 

Little Creek— 

Story 

ACU–4 Electrical Upgrades ..................... 2,596 2,596 

Navy Marine Corps 

Base Quantico 

TBS Fire Station Building 533 Replacement.0 23,738 

Navy Norfolk Chambers Field Magazine Recap PH 1 .. 34,665 34,665 

Navy Portsmouth Ship Repair Training Facility .................. 72,990 72,990 

Navy Yorktown Bachelor Enlisted Quarters ..................... 36,358 36,358 

Washington 

Navy Indian Island Missile Magazines ..................................... 44,440 44,440 

Worldwide Unspecified 

Navy Unspecified 

Worldwide Locations 

ERI: Planning and Design ....................... 0 0 

Navy Unspecified 

Worldwide Locations 

Planning and Design ................................ 219,069 219,069 

Navy Unspecified 

Worldwide Locations 

Prior Year Savings: Unspecified Minor 

Construction.

0 0 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2002 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Navy Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 23,842 23,842 

Military Construction, Navy Total .............................................................. 1,616,665 1,720,405 

Alaska 

AF Eielson AFB F–35A ADAL Conventional Munitions 

Facility.

2,500 2,500 

AF Eielson AFB F–35A AGE Facility / Fillstand ............... 21,000 21,000 

AF Eielson AFB F–35A Consolidated Munitions Admin 

Facility.

27,000 27,000 

AF Eielson AFB F–35A Extend Utiliduct to South Loop ... 48,000 48,000 

AF Eielson AFB F–35A OSS/Weapons/Intel Facility ......... 11,800 11,800 

AF Eielson AFB F–35A R–11 Fuel Truck Shelter .............. 9,600 9,600 

AF Eielson AFB F–35A Satellite Dining Facility ............... 8,000 8,000 

AF Eielson AFB Repair Central Heat/Power Plant Boiler 

PH 4.

41,000 41,000 

Arkansas 

AF Little Rock AFB Dormitory—168 PN .................................. 0 20,000 

Australia 

AF Darwin APR—Bulk Fuel Storage Tanks .............. 76,000 76,000 

California 

AF Travis Air Force 

Base 

KC–46A ADAL B14 Fuel Cell Hangar .... 0 0 

AF Travis Air Force 

Base 

KC–46A Aircraft 3-Bay Maintenance 

Hangar.

0 107,000 

AF Travis Air Force 

Base 

KC–46A Alter B181/185/187 Squad Ops/ 

AMU.

0 0 

AF Travis Air Force 

Base 

KC–46A Alter B811 Corrosion Control 

Hangar.

0 7,700 

Colorado 

AF Buckley Air Force 

Base 

SBIRS Operations Facility ....................... 38,000 38,000 

AF Fort Carson 13 ASOS Expansion .................................. 13,000 13,000 

AF U.S. Air Force 

Academy 

Air Force Cyberworx ................................. 30,000 30,000 

Estonia 

AF Amari Air Base ERI: POL Capacity Phase II .................... 0 0 

AF Amari Air Base ERI: Tactical Fighter Aircraft Parking 

Apron.

0 0 

Florida 

AF Eglin AFB F–35A Armament Research Fac Addition (B614).8,700 8,700 

AF Eglin AFB Long-Range Stand-Off Acquisition Fac ... 38,000 38,000 

AF Eglin AFB Dormitories (288 RM) ............................... 0 44,000 

AF MacDill AFB KC–135 Beddown Og/Mxg HQ ................. 8,100 8,100 

AF Tyndall Air Force 

Base 

Fire Station ............................................... 0 17,000 

Georgia 

AF Robins AFB Commercial Vehicle Visitor Control Facility.9,800 9,800 

Hungary 

AF Kecskemet AB ERI: Airfield Upgrades ............................. 0 0 

AF Kecskemet AB ERI: Construct Parallel Taxiway ............. 0 0 

AF Kecskemet AB ERI: Increase POL Storage Capacity ...... 0 0 

Iceland 

AF Keflavik ERI: Airfield Upgrades ............................. 0 0 

Italy 

AF Aviano AB Guardian Angel Operations Facility ....... 27,325 0 

Kansas 

AF McConnell AFB Combat Arms Facility .............................. 17,500 17,500 

Latvia 

AF Lielvarde Air 

Base 

ERI: Expand Strategic Ramp Parking .... 0 0 

Luxembourg 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2003 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

AF Sanem ERI: ECAOS Deployable Airbase System 

Storage.

0 0 

Mariana Islands 

AF Tinian APR Land Acquisition .............................. 12,900 12,900 

Maryland 

AF Joint Base Andrews PAR Land Acquisition .............................. 17,500 17,500 

AF Joint Base Andrews Presidential Aircraft Recap Complex ...... 254,000 100,000 

Massachusetts 

AF Hanscom AFB Vandenberg Gate Complex ....................... 11,400 11,400 

Nevada 

AF Nellis AFB Red Flag 5th Gen Facility Addition ........ 23,000 23,000 

AF Nellis AFB Virtual Warfare Center Operations Facility.38,000 38,000 

New Jersey 

AF McGuire-DixLakehurst KC–46A ADAL B1749 for ATGL & LST 

Servicing.

0 2,000 

AF McGuire-DixLakehurst KC–46A ADAL B1816 for Supply ............ 0 6,900 

AF McGuire-DixLakehurst KC–46A ADAL B2319 for Boom Operator Trainer.0 6,100 

AF McGuire-DixLakehurst KC–46A ADAL B2324 Regional Mx 

Training Fac.

0 18,000 

AF McGuire-DixLakehurst KC–46A ADAL B3209 for Fuselage 

Trainer.

0 3,300 

AF McGuire-DixLakehurst KC–46A Add to B1837 for Body Tanks 

Storage.

0 2,300 

AF McGuire-DixLakehurst KC–46A Aerospace Ground Equipment 

Storage.

0 4,100 

AF McGuire-DixLakehurst KC–46A Alter Apron & Fuel Hydrants ... 0 17,000 

AF McGuire-DixLakehurst KC–46A Alter Bldgs for Ops and TFI 

AMU-AMXS.

0 9,000 

AF McGuire-DixLakehurst KC–46A Alter Facilities for Maintenance 0 5,800 

AF McGuire-DixLakehurst KC–46A Two-Bay General Purpose 

Maintenance Hangar.

0 72,000 

New Mexico 

AF Cannon AFB Dangerous Cargo Pad Relocate CATM ... 42,000 42,000 

AF Holloman AFB RPA Fixed Ground Control Station Facility.4,250 4,250 

AF Kirtland Air Force 

Base 

Fire Station ............................................... 0 9,300 

North Dakota 

AF Minot AFB Indoor Firing Range ................................. 27,000 27,000 

Norway 

AF Rygge ERI: Replace/Expand Quick Reaction 

Alert Pad.

0 0 

Ohio 

AF Wright-Patterson 

AFB 

Fire/Crash Rescue Station ....................... 0 6,800 

Oklahoma 

AF Altus AFB Fire Rescue Center ................................... 0 16,000 

AF Altus AFB KC–46A FTU Fuselage Trainer Phase 2 4,900 4,900 

Qatar 

AF Al Udeid Consolidated Squadron Operations Facility.15,000 0 

Romania 

AF Campia Turzii ERI: Upgrade Utilities Infrastructure .... 0 0 

Slovakia 

AF Malacky ERI: Airfield Upgrades ............................. 0 0 

AF Malacky ERI: Increase POL Storage Capacity ...... 0 0 

AF Sliac Airport ERI: Airfield Upgrades ............................. 0 0 

Texas 

AF Joint Base San 

Antonio 

Air Traffic Control Tower ......................... 10,000 10,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2004 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

AF Joint Base San 

Antonio 

BMT Classrooms/Dining Facility 4 ......... 38,000 38,000 

AF Joint Base San 

Antonio 

BMT Recruit Dormitory 7 ........................ 90,130 90,130 

AF Joint Base San 

Antonio 

Camp Bullis Dining Facility .................... 18,500 18,500 

Turkey 

AF Incirlik AB Dormitory—216 PN .................................. 25,997 0 

United Kingdom 

AF Royal Air Force 

Fairford 

EIC RC–135 Infrastructure ..................... 2,150 2,150 

AF Royal Air Force 

Fairford 

EIC RC–135 Intel and Squad Ops Facility.38,000 38,000 

AF Royal Air Force 

Fairford 

EIC RC–135 Runway Overrun Reconfiguration.5,500 5,500 

AF Royal Air Force 

Lakenheath 

Consolidated Corrosion Control Facility 20,000 20,000 

AF Royal Air Force 

Lakenheath 

F–35A 6–Bay Hangar ............................... 24,000 24,000 

AF Royal Air Force 

Lakenheath 

F–35A F–15 Parking ................................ 10,800 10,800 

AF Royal Air Force 

Lakenheath 

F–35A Field Training Detachment Facility.12,492 12,492 

AF Royal Air Force 

Lakenheath 

F–35A Flight Simulator Facility ............. 22,000 22,000 

AF Royal Air Force 

Lakenheath 

F–35A Infrastructure ................................ 6,700 6,700 

AF Royal Air Force 

Lakenheath 

F–35A Squadron Operations and AMU .. 41,000 41,000 

Utah 

AF Hill AFB UTTR Consolidated Mission Control 

Center.

28,000 28,000 

Worldwide 

AF Unspecified 

Worldwide Locations 

KC–46A Main Operating Base 4 ............. 269,000 0 

Worldwide Unspecified 

AF Unspecified 

Worldwide Locations 

ERI: Planning and Design ....................... 0 0 

AF Unspecified 

Worldwide Locations 

Planning and Design ................................ 97,852 97,852 

AF Unspecified 

Worldwide Locations 

Planning and Design ................................ 0 56,400 

AF Various Worldwide Locations Unspecified Minor Construction .............. 31,400 31,400 

Wyoming 

AF F. E. Warren AFB Consolidated Helo/TRF Ops/AMU and 

Alert Fac.

62,000 62,000 

Military Construction, Air Force Total ...................................................... 1,738,796 1,678,174 

Alaska 

Def-Wide Fort Greely Missile Field #4 200,000 200,000 

California 

Def-Wide Camp Pendleton Ambulatory Care Center Replacement ... 26,400 26,400 

Def-Wide Camp Pendleton SOF Marine Battalion Company/Team 

Facilities.

9,958 9,958 

Def-Wide Camp Pendleton SOF Motor Transport Facility Expansion 7,284 7,284 

Def-Wide Coronado SOF Basic Training Command ................ 96,077 96,077 

Def-Wide Coronado SOF Logistics Support Unit One Ops 

Fac. #3.

46,175 46,175 

Def-Wide Coronado SOF SEAL Team Ops Facility ................. 50,265 50,265 

Def-Wide Coronado SOF SEAL Team Ops Facility ................. 66,218 66,218 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2005 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Colorado 

Def-Wide Schriever AFB Ambulatory Care Center/Dental Add./ 

Alt..

10,200 10,200 

Conus Classified 

Def-Wide Classified Location Battalion Complex, PH 1 ......................... 64,364 64,364 

Florida 

Def-Wide Eglin AFB SOF Simulator Facility ............................ 5,000 5,000 

Def-Wide Eglin AFB Upgrade Open Storage Yard .................... 4,100 4,100 

Def-Wide Hurlburt Field SOF Combat Aircraft Parking Apron ...... 34,700 34,700 

Def-Wide Hurlburt Field SOF Simulator & Fuselage Trainer Facility.11,700 11,700 

Georgia 

Def-Wide Fort Gordon Blood Donor Center Replacement ........... 10,350 10,350 

Germany 

Def-Wide Rhine Ordnance 

Barracks 

Medical Center Replacement Incr 7 ........ 106,700 106,700 

Def-Wide Spangdahlem AB Spangdahlem Elementary School Replacement.79,141 79,141 

Def-Wide Stuttgart Robinson Barracks Elem. School Replacement.46,609 46,609 

Greece 

Def-Wide Souda Bay Construct Hydrant System ...................... 18,100 18,100 

Guam 

Def-Wide Andersen AFB Construct Truck Load & Unload Facility 23,900 23,900 

Hawaii 

Def-Wide Kunia NSAH Kunia Tunnel Entrance ................ 5,000 5,000 

Italy 

Def-Wide Sigonella Construct Hydrant System ...................... 22,400 0 

Def-Wide Vicenza Vicenza High School Replacement .......... 62,406 62,406 

Japan 

Def-Wide Iwakuni Construct Bulk Storage Tanks PH 1 ....... 30,800 30,800 

Def-Wide Kadena AB SOF Maintenance Hangar ....................... 3,972 3,972 

Def-Wide Kadena AB SOF Special Tactics Operations Facility 27,573 27,573 

Def-Wide Okinawa Replace Mooring System .......................... 11,900 11,900 

Def-Wide Sasebo Upgrade Fuel Wharf ................................. 45,600 45,600 

Def-Wide Torri Commo Station SOF Tactical Equipment Maintenance 

Fac.

25,323 25,323 

Def-Wide Yokota AB Airfield Apron ............................................ 10,800 10,800 

Def-Wide Yokota AB Hangar/Aircraft Maintenance Unit ......... 12,034 12,034 

Def-Wide Yokota AB Operations and Warehouse Facilities ..... 8,590 8,590 

Def-Wide Yokota AB Simulator Facility ..................................... 2,189 2,189 

Maryland 

Def-Wide Bethesda Naval 

Hospital 

Medical Center Addition/Alteration Incr 

2.

123,800 123,800 

Def-Wide Fort Meade NSAW Recapitalize Building #2 Incr 3 ... 313,968 313,968 

Missouri 

Def-Wide Fort Leonard 

Wood 

Blood Processing Center Replacement .... 11,941 11,941 

Def-Wide Fort Leonard 

Wood 

Hospital Replacement ............................... 250,000 100,000 

Def-Wide St. Louis Next NGA West (N2W) Complex, Phase 

1.

381,000 175,000 

New Mexico 

Def-Wide Cannon AFB SOF C–130 AGE Facility ......................... 8,228 8,228 

North Carolina 

Def-Wide Camp Lejeune Ambulatory Care Center Addition/Alteration.15,300 15,300 

Def-Wide Camp Lejeune Ambulatory Care Center/Dental Clinic ... 22,000 22,000 

Def-Wide Camp Lejeune Ambulatory Care Center/Dental Clinic ... 21,400 21,400 

Def-Wide Camp Lejeune SOF Human Performance Training Center.10,800 10,800 

Def-Wide Camp Lejeune SOF Motor Transport Maintenance Expansion.20,539 20,539 

Def-Wide Fort Bragg SOF Human Performance Training Ctr 20,260 20,260 

Def-Wide Fort Bragg SOF Support Battalion Admin Facility .. 13,518 13,518 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2006 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Def-Wide Fort Bragg SOF Tactical Equipment Maintenance 

Facility.

20,000 20,000 

Def-Wide Fort Bragg SOF Telecomm Reliability Improvements.4,000 4,000 

Def-Wide Seymour Johnson 

AFB 

Construct Tanker Truck Delivery System.20,000 20,000 

Puerto Rico 

Def-Wide Punta Borinquen Ramey Unit School Replacement ............ 61,071 61,071 

South Carolina 

Def-Wide Shaw AFB Consolidate Fuel Facilities ....................... 22,900 22,900 

Texas 

Def-Wide Fort Bliss Blood Processing Center ........................... 8,300 8,300 

Def-Wide Fort Bliss Hospital Replacement Incr 8 ................... 251,330 251,330 

United Kingdom 

Def-Wide Menwith Hill Station RAFMH Main Gate Rehabilitation ......... 11,000 11,000 

Utah 

Def-Wide Hill AFB Replace POL Facilities ............................. 20,000 20,000 

Virginia 

Def-Wide Joint Expeditionary Base 

Little Creek— 

Story 

SOF SATEC Range Expansion ................ 23,000 23,000 

Def-Wide Norfolk Replace Hazardous Materials Warehouse 18,500 18,500 

Def-Wide Pentagon Pentagon Corr 8 Pedestrian Access Control Pt.8,140 8,140 

Def-Wide Pentagon S.E. Safety Traffic and Parking Improvements.28,700 28,700 

Def-Wide Pentagon Security Updates ....................................... 13,260 13,260 

Def-Wide Portsmouth Replace Hazardous Materials Warehouse 22,500 22,500 

Worldwide Unspecified 

Def-Wide Unspecified 

Worldwide Locations 

Contingency Construction ........................ 10,000 0 

Def-Wide Unspecified 

Worldwide Locations 

Energy Resilience and Conserv. Invest. 

Prog..

150,000 165,000 

Def-Wide Unspecified 

Worldwide Locations 

ERCIP Design ........................................... 10,000 10,000 

Def-Wide Unspecified 

Worldwide Locations 

Exercise Related Minor Construction ..... 11,490 11,490 

Def-Wide Unspecified 

Worldwide Locations 

Planning & Design .................................... 23,012 23,012 

Def-Wide Unspecified 

Worldwide Locations 

Planning & Design MDA East Coast Site 0 0 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 0 0 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 0 0 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 39,746 39,746 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 40,220 40,220 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 1,150 1,150 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2007 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 1,942 1,942 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 26,147 26,147 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 20,000 20,000 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................ 13,500 13,500 

Def-Wide Unspecified 

Worldwide Locations 

Prior Year Savings: Defense Wide Unspecified Minor Construction.0 0 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 8,000 8,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,000 3,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 7,384 7,384 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 10,000 10,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 2,039 2,039 

Military Construction, Defense-Wide Total .............................................. 3,314,913 2,941,513 

Worldwide Unspecified 

NATO NATO Security 

Investment Program 

NATO Security Investment Program ...... 154,000 154,000 

NATO NATO Security 

Investment Program 

Prior Year Savings: NATO Security Investment Program.0 0 

NATO Security Investment Program Total ............................................... 154,000 154,000 

Delaware 

Army NG New Castle Combined Support Maintenance Shop .... 36,000 36,000 

Idaho 

Army NG MTC Gowen Enlisted Barracks Transient Training .... 0 9,000 

Army NG Orchard Training 

Area 

Digital Air/Ground Integration Range .... 22,000 22,000 

Iowa 

Army NG Camp Dodge Vehicle Maintenance Instructional Facility.0 8,500 

Kansas 

Army NG Fort Leavenworth Enlisted Barracks Transient Training .... 0 19,000 

Maine 

Army NG Presque Isle National Guard Readiness Center .......... 17,500 17,500 

Maryland 

Army NG Sykesville National Guard Readiness Center .......... 19,000 19,000 

Minnesota 

Army NG Arden Hills National Guard Readiness Center .......... 39,000 39,000 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2008 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Missouri 

Army NG Springfield Aircraft Maintenance Hangar (Addition) 0 32,000 

New Mexico 

Army NG Las Cruces National Guard Readiness Center Addition.8,600 8,600 

Virginia 

Army NG Fort Belvoir Readiness Center Add/Alt ........................ 0 15,000 

Army NG Fort Pickett Training Aids Center ................................ 4,550 4,550 

Washington 

Army NG Tumwater National Guard Readiness Center .......... 31,000 31,000 

Worldwide Unspecified 

Army NG Unspecified 

Worldwide Locations 

Planning and Design ................................ 16,271 16,271 

Army NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 16,731 16,731 

Military Construction, Army National Guard Total ............................... 210,652 294,152 

California 

Army Res Fallbrook Army Reserve Center ............................... 36,000 36,000 

Delaware 

Army Res Newark Army Reserve Center ............................... 0 0 

Ohio 

Army Res Wright-Patterson 

AFB 

Area Maintenance Support Activity ........ 0 0 

Puerto Rico 

Army Res Aguadilla Army Reserve Center ............................... 12,400 12,400 

Army Res Fort Buchanan Reserve Center .......................................... 0 26,000 

Washington 

Army Res Lewis-McCord Reserve Center .......................................... 0 30,000 

Wisconsin 

Army Res Fort McCoy AT/MOB Dining Facility–1428 PN .......... 13,000 13,000 

Worldwide Unspecified 

Army Res Unspecified 

Worldwide Locations 

Planning and Design ................................ 6,887 6,887 

Army Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 5,425 5,425 

Military Construction, Army Reserve Total ............................................. 73,712 129,712 

California 

N/MC Res Lemoore Naval Operational Support Center 

Lemoore.

17,330 17,330 

Georgia 

N/MC Res Fort Gordon Naval Operational Support Center Fort 

Gordon.

17,797 17,797 

New Jersey 

N/MC Res Joint Base 

McGuire-DixLakehurst 

Aircraft Apron, Taxiway & Support Facilities.11,573 11,573 

Texas 

N/MC Res Fort Worth KC130-J EACTS Facility ......................... 12,637 12,637 

Worldwide Unspecified 

N/MC Res Unspecified 

Worldwide Locations 

Planning & Design .................................... 4,430 4,430 

N/MC Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 1,504 1,504 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2009 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Military Construction, Naval Reserve Total ............................................. 65,271 65,271 

California 

Air NG March AFB TFI Construct RPA Flight Training Unit 15,000 15,000 

Colorado 

Air NG Peterson AFB Space Control Facility .............................. 8,000 8,000 

Connecticut 

Air NG Bradley IAP Construct Base Entry Complex ............... 7,000 7,000 

Indiana 

Air NG Fort Wayne International Airport Add to Building 764 for Weapons Release.0 0 

Air NG Hulman Regional 

Airport 

Construct Small Arms Range .................. 0 8,000 

Kentucky 

Air NG Louisville IAP Add/Alter Response Forces Facility ......... 9,000 9,000 

Mississippi 

Air NG Jackson International Airport Construct Small Arms Range .................. 0 8,000 

Missouri 

Air NG Rosecrans Memorial Airport Replace Communications Facility ........... 10,000 10,000 

New York 

Air NG Hancock Field Add to Flight Training Unit, Building 

641.

6,800 6,800 

Ohio 

Air NG Rickenbacker 

International 

Airport 

Construct Small Arms Range .................. 0 0 

Air NG Toledo Express 

Airport 

Northcom—Construct Alert Hangar ....... 15,000 15,000 

Oklahoma 

Air NG Tulsa International Airport Construct Small Arms Range .................. 0 8,000 

Oregon 

Air NG Klamath Falls 

IAP 

Construct Corrosion Control Hangar ...... 10,500 10,500 

Air NG Klamath Falls 

IAP 

Construct Indoor Range ........................... 8,000 8,000 

South Dakota 

Air NG Joe Foss Field Aircraft Maintenance Shops .................... 12,000 12,000 

Tennessee 

Air NG McGhee-Tyson 

Airport 

Replace KC–135 Maintenance Hangar 

and Shops.

25,000 25,000 

Wisconsin 

Air NG Dane County Regional Airport/ 

Truax Field 

Construct Small Arms Range .................. 0 8,000 

Worldwide Unspecified 

Air NG Unspecified 

Worldwide Locations 

Planning and Design ................................ 18,000 18,000 

Air NG Unspecified 

Worldwide Locations 

Planning and Design ................................ 0 2,000 

Air NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 17,191 17,191 

Military Construction, Air National Guard Total ................................... 161,491 195,491 

Florida 

AF Res Patrick AFB Guardian Angel Facility ........................... 25,000 25,000 

Georgia 

AF Res Robins Air Force 

Base 

Consolidated Mission Complex Phase 2 .. 0 32,000 

Guam 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2010 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

AF Res Joint Region Marianas Reserve Medical Training Facility .......... 5,200 5,200 

Hawaii 

AF Res Joint Base Pearl 

Harbor-Hickam 

Consolidated Training Facility ................ 5,500 5,500 

Massachusetts 

AF Res Westover ARB Indoor Small Arms Range ........................ 10,000 10,000 

AF Res Westover ARB Maintenance Facility Shops ..................... 0 0 

Minnesota 

AF Res Minneapolis-St. 

Paul IAP 

Indoor Small Arms Range ........................ 0 9,000 

North Carolina 

AF Res Seymour Johnson 

AFB 

KC–46A ADAL for Alt Mission Storage .. 6,400 6,400 

Texas 

AF Res NAS JRB Fort 

Worth 

Munitions Training/Admin Facility ......... 0 3,100 

Utah 

AF Res Hill AFB Add/Alter Life Support Facility ............... 3,100 3,100 

Worldwide Unspecified 

AF Res Unspecified 

Worldwide Locations 

Planning & Design .................................... 0 0 

AF Res Unspecified 

Worldwide Locations 

Planning & Design .................................... 4,725 18,225 

AF Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction .............. 3,610 3,610 

Military Construction, Air Force Reserve Total ...................................... 63,535 121,135 

Georgia 

FH Con Army Fort Gordon Family Housing New Construction ......... 6,100 6,100 

Germany 

FH Con Army Baumholder Construction Improvements ..................... 34,156 34,156 

FH Con Army South Camp 

Vilseck 

Family Housing New Construction (36 

Units).

22,445 22,445 

Korea 

FH Con Army Camp Humphreys Family Housing New Construction Incr 

2.

34,402 34,402 

Kwajalein 

FH Con Army Kwajalein Atoll Family Housing Replacement Construction.31,000 31,000 

Massachusetts 

FH Con Army Natick Family Housing Replacement Construction.21,000 21,000 

Worldwide Unspecified 

FH Con Army Unspecified 

Worldwide Locations 

Planning & Design .................................... 33,559 33,559 

FH Con Army Unspecified 

Worldwide Locations 

Prior Year Savings: Family Housing 

Construction, Army.

0 0 

Family Housing Construction, Army Total ............................................... 182,662 182,662 

Worldwide Unspecified 

FH Ops Army Unspecified 

Worldwide Locations 

Furnishings ............................................... 12,816 12,816 

FH Ops Army Unspecified 

Worldwide Locations 

Housing Privatization Support ................ 20,893 20,893 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

FH Ops Army Unspecified 

Worldwide Locations 

Leasing ....................................................... 148,538 148,538 

FH Ops Army Unspecified 

Worldwide Locations 

Maintenance .............................................. 57,708 57,708 

FH Ops Army Unspecified 

Worldwide Locations 

Management .............................................. 37,089 37,089 

FH Ops Army Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 400 400 

FH Ops Army Unspecified 

Worldwide Locations 

Services ...................................................... 8,930 8,930 

FH Ops Army Unspecified 

Worldwide Locations 

Utilities ...................................................... 60,251 60,251 

Family Housing Operation And Maintenance, Army Total .................. 346,625 346,625 

Bahrain Island 

FH Con Navy SW Asia Construction-Base GFOQ ......................... 2,138 2,138 

Mariana Islands 

FH Con Navy Guam Replace Andersen Housing PH II ............ 40,875 40,875 

Worldwide Unspecified 

FH Con Navy Unspecified 

Worldwide Locations 

Construction Improvements ..................... 36,251 36,251 

FH Con Navy Unspecified 

Worldwide Locations 

Planning & Design .................................... 4,418 4,418 

FH Con Navy Unspecified 

Worldwide Locations 

Prior Year Savings: Family Housing 

Construction, N/MC.

0 0 

Family Housing Construction, Navy And Marine Corps Total ............ 83,682 83,682 

Worldwide Unspecified 

FH Ops Navy Unspecified 

Worldwide Locations 

Furnishings ............................................... 14,529 14,529 

FH Ops Navy Unspecified 

Worldwide Locations 

Housing Privatization Support ................ 27,587 27,587 

FH Ops Navy Unspecified 

Worldwide Locations 

Leasing ....................................................... 61,921 61,921 

FH Ops Navy Unspecified 

Worldwide Locations 

Maintenance .............................................. 95,104 95,104 

FH Ops Navy Unspecified 

Worldwide Locations 

Management .............................................. 50,989 50,989 

FH Ops Navy Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 336 336 

FH Ops Navy Unspecified 

Worldwide Locations 

Services ...................................................... 15,649 15,649 

FH Ops Navy Unspecified 

Worldwide Locations 

Utilities ...................................................... 62,167 62,167 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2012 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

Family Housing Operation And Maintenance, Navy And Marine 

Corps Total.

328,282 328,282 

Worldwide Unspecified 

FH Con AF Unspecified 

Worldwide Locations 

Construction Improvements ..................... 80,617 80,617 

FH Con AF Unspecified 

Worldwide Locations 

Planning & Design .................................... 4,445 4,445 

FH Con AF Unspecified 

Worldwide Locations 

Prior Year Savings: Family Housing 

Construction.

0 0 

Family Housing Construction, Air Force Total ....................................... 85,062 85,062 

Worldwide Unspecified 

FH Ops AF Unspecified 

Worldwide Locations 

Furnishings ............................................... 29,424 29,424 

FH Ops AF Unspecified 

Worldwide Locations 

Housing Privatization ............................... 21,569 21,569 

FH Ops AF Unspecified 

Worldwide Locations 

Leasing ....................................................... 16,818 16,818 

FH Ops AF Unspecified 

Worldwide Locations 

Maintenance .............................................. 134,189 134,189 

FH Ops AF Unspecified 

Worldwide Locations 

Management .............................................. 53,464 53,464 

FH Ops AF Unspecified 

Worldwide Locations 

Miscellaneous ............................................ 1,839 1,839 

FH Ops AF Unspecified 

Worldwide Locations 

Services ...................................................... 13,517 13,517 

FH Ops AF Unspecified 

Worldwide Locations 

Utilities ...................................................... 47,504 47,504 

Family Housing Operation And Maintenance, Air Force Total ........... 318,324 318,324 

Worldwide Unspecified 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings ............................................... 6 6 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings ............................................... 641 641 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings ............................................... 407 407 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 12,390 12,390 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 39,716 39,716 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance .............................................. 655 655 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2013 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance .............................................. 567 567 

FH Ops DW Unspecified 

Worldwide Locations 

Management .............................................. 319 319 

FH Ops DW Unspecified 

Worldwide Locations 

Services ...................................................... 14 14 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities ...................................................... 268 268 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities ...................................................... 86 86 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities ...................................................... 4,100 4,100 

Family Housing Operation And Maintenance, Defense-Wide Total ... 59,169 59,169 

Worldwide Unspecified 

FHIF Unspecified 

Worldwide Locations 

Administrative Expenses—FHIF ............. 2,726 2,726 

DoD Family Housing Improvement Fund Total ...................................... 2,726 2,726 

Worldwide Unspecified 

UHIF Unaccompanied 

Housing Improvement 

Fund 

Administrative Expenses—UHIF ............ 623 623 

Unaccompanied Housing Improvement Fund Total ............................... 623 623 

Worldwide Unspecified 

BRAC Base Realignment 

& Closure, 

Army 

Base Realignment and Closure ................ 58,000 58,000 

Base Realignment and Closure—Army Total ........................................... 58,000 58,000 

Worldwide Unspecified 

BRAC Base Realignment 

& Closure, 

Navy 

Base Realignment & Closure ................... 93,474 128,474 

BRAC Unspecified 

Worldwide Locations 

DON–100: Planning, Design and Management.8,428 8,428 

BRAC Unspecified 

Worldwide Locations 

DON–101: Various Locations ................... 23,753 23,753 

BRAC Unspecified 

Worldwide Locations 

DON–138: NAS Brunswick, ME .............. 647 647 

BRAC Unspecified 

Worldwide Locations 

DON–157: MCSA Kansas City, MO ........ 40 40 

BRAC Unspecified 

Worldwide Locations 

DON–172: NWS Seal Beach, Concord, 

CA.

5,355 5,355 


dkrause on DSKBC28HB2PROD with PUBLAWS
131 STAT. 2014 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title FY 2018 Request 

Conference 

Authorized 

BRAC Unspecified 

Worldwide Locations 

DON–84: JRB Willow Grove & Cambria 

Reg AP.

4,737 4,737 

BRAC Unspecified 

Worldwide Locations 

Undistributed ............................................ 7,210 7,210 

Base Realignment and Closure—Navy Total ............................................ 143,644 178,644 

Total, Military Construction ......................................................................... 9,928,228 9,926,446 

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 2018 

Request 

Conference 

Authorized 

Guantanamo Bay, 

Cuba 

Army Guantanamo Bay OCO: Barracks ................................................ 115,000 115,000 

Turkey 

Army Various Locations Forward Operating Site ................................. 0 6,400 

Worldwide Unspecified 

Army Unspecified Worldwide Locations ERI: Planning and Design ............................. 15,700 15,700 

Army Unspecified Worldwide Locations OCO: Planning and Design ............................ 9,000 9,000 

Military Construction, Army Total ............................................................... 139,700 146,100 

Djibouti 

Navy Camp Lemonier Aircraft Parking Apron Expansion ............... 0 13,390 

Worldwide Unspecified 

Navy Unspecified Worldwide Locations ERI: Planning and Design ............................. 18,500 18,500 

Military Construction, Navy Total ................................................................ 18,500 31,890 

Estonia 

AF Amari Air Base ERI: POL Capacity Phase II .......................... 4,700 4,700 

AF Amari Air Base ERI: Tactical Fighter Aircraft Parking 

Apron.

9,200 9,200 

Hungary 

AF Kecskemet AB ERI: Airfield Upgrades ................................... 12,900 12,900 

AF Kecskemet AB ERI: Construct Parallel Taxiway .................. 30,000 30,000 

AF Kecskemet AB ERI: Increase POL Storage Capacity ............ 12,500 12,500 

Iceland 

AF Keflavik ERI: Airfield Upgrades ................................... 14,400 14,400 

Italy 

AF Aviano AB Guardian Angel Operations Facility ............. 0 27,325 

Jordan 

AF Azraq OCO: MSAB Development ............................. 143,000 143,000 

Latvia 

AF Lielvarde Air Base ERI: Expand Strategic Ramp Parking .......... 3,850 3,850 

Luxembourg 

AF Sanem ERI: ECAOS Deployable Airbase System 

Storage.

67,400 67,400 

Norway 

AF Rygge ERI: Replace/Expand Quick Reaction Alert 

Pad.

10,300 10,300 

Qatar 

AF Al Udeid Consolidated Squadron Operations Facility 0 15,000 

Romania 

AF Campia Turzii ERI: Upgrade Utilities Infrastructure .......... 2,950 2,950 


dkrause on DSKBC28HB2PROD with PUBLAWS
PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2015 

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Service State/Country and Installation Project FY 2018 

Request 

Conference 

Authorized 

Slovakia 

AF Malacky ERI: Airfield Upgrades ................................... 4,000 4,000 

AF Malacky ERI: Increase POL Storage Capacity ............ 20,000 20,000 

AF Sliac Airport ERI: Airfield Upgrades ................................... 22,000 22,000 

Turkey 

AF Incirlik AB Dormitory—216PN ......................................... 0 25,997 

AF Incirlik AB OCO: Relocate Base Main Access Control 

Point.

14,600 14,600 

AF Incirlik AB OCO: Replace Perimeter Fence ..................... 8,100 8,100 

Worldwide Unspecified 

AF Unspecified Worldwide Locations ERI: Planning and Design ............................. 56,630 56,630 

AF Unspecified Worldwide Locations OCO—Planning and Design .......................... 41,500 41,500 

Military Construction, Air Force Total ........................................................ 478,030 546,352 

Italy 

Def-Wide Sigonella Construct Hydrant System ............................ 0 22,400 

Worldwide Unspecified 

Def-Wide Unspecified Worldwide Locations ERI: Planning and Design ............................. 1,900 1,900 

Military Construction, Defense-Wide Total ................................................ 1,900 24,300 

Total, Military Construction ........................................................................... 638,130 748,642 

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 2018 

Request 

Conference 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

Nuclear Energy .............................................................. 133,000 133,000 

Atomic Energy Defense Activities 

National nuclear security administration: 

Weapons activities .................................................. 10,239,344 10,377,475 

Defense nuclear nonproliferation .......................... 1,793,310 1,883,310 

Naval reactors ......................................................... 1,479,751 1,431,551 

Federal salaries and expenses ............................... 418,595 407,595 

Total, National nuclear security administration 13,931,000 14,099,931 

Environmental and other defense activities: 

Defense environmental cleanup ............................. 5,537,186 5,440,106 

Other defense activities .......................................... 815,512 816,000 

Defense nuclear waste disposal ............................. 30,000 30,000 

Total, Environmental & other defense activities 6,382,698 6,286,106 

Total, Atomic Energy Defense Activities ..................... 20,313,698 20,386,037 

Total, Discretionary Funding ....................................................... 20,446,698 20,519,037 


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131 STAT. 2016 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

Nuclear Energy 

Idaho sitewide safeguards and security ..................................... 133,000 133,000 

Total, Nuclear Energy ..................................................................... 133,000 133,000 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program .......................................... 788,572 788,572 

W76 Life extension program ......................................... 224,134 224,134 

W88 Alteration program ................................................ 332,292 332,292 

W80–4 Life extension program ..................................... 399,090 399,090 

Total, Life extension programs ...................................... 1,744,088 1,744,088 

Stockpile systems 

B61 Stockpile systems ................................................... 59,729 59,729 

W76 Stockpile systems .................................................. 51,400 51,400 

W78 Stockpile systems .................................................. 60,100 60,100 

W80 Stockpile systems .................................................. 80,087 80,087 

B83 Stockpile systems ................................................... 35,762 35,762 

W87 Stockpile systems .................................................. 83,200 83,200 

W88 Stockpile systems .................................................. 131,576 131,576 

Stockpile systems 

Total, Stockpile systems ................................................... 501,854 501,854 

Weapons dismantlement and disposition 

Operations and maintenance ........................................ 52,000 52,000 

Stockpile services 

Production support ......................................................... 470,400 470,400 

Research and development support .............................. 31,150 31,150 

R&D certification and safety ......................................... 196,840 196,840 

Management, technology, and production ................... 285,400 285,400 

Total, Stockpile services .................................................. 983,790 983,790 

Strategic materials 

Uranium sustainment ................................................... 20,579 20,579 

Plutonium sustainment ................................................. 210,367 210,367 

Tritium sustainment ...................................................... 198,152 198,152 

Domestic uranium enrichment ..................................... 60,000 60,000 

Strategic materials sustainment .................................. 206,196 206,196 

Total, Strategic materials ................................................ 695,294 695,294 

Total, Directed stockpile work .............................................. 3,977,026 3,977,026 

Research, development, test and evaluation (RDT&E) 

Science 

Advanced certification ................................................... 57,710 57,710 

Primary assessment technologies ................................. 89,313 89,313 

Dynamic materials properties ....................................... 122,347 122,347 

Advanced radiography ................................................... 37,600 37,600 

Secondary assessment technologies .............................. 76,833 76,833 

Academic alliances and partnerships ........................... 52,963 52,963 

Enhanced Capabilities for Subcritical Experiments ... 50,755 50,755 

Total, Science ...................................................................... 487,521 487,521 

Engineering 

Enhanced surety ............................................................ 39,717 39,717 

Weapon systems engineering assessment technology 23,029 23,029 

Nuclear survivability ..................................................... 45,230 45,230 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2017 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

Enhanced surveillance ................................................... 45,147 45,147 

Stockpile Responsiveness .............................................. 40,000 40,000 

Total, Engineering ............................................................. 193,123 193,123 

Inertial confinement fusion ignition and high yield 

Ignition ........................................................................... 79,575 77,932 

Program decrease .................................................... [–1,643 ] 

Support of other stockpile programs ............................ 23,565 23,565 

Diagnostics, cryogenics and experimental support ..... 77,915 77,915 

Pulsed power inertial confinement fusion .................... 7,596 7,596 

Joint program in high energy density laboratory 

plasmas ....................................................................... 9,492 9,492 

Facility operations and target production .................... 334,791 334,791 

Total, Inertial confinement fusion and high yield .... 532,934 531,291 

Advanced simulation and computing 

Advanced simulation and computing ........................... 709,244 709,244 

Construction: 

18–D–670, Exascale Class Computer Cooling 

Equipment, LNL ................................................. 22,000 22,000 

18–D–620, Exascale Computing Facility Modernization Project ................................................ 3,000 3,000 

Total, Construction .................................................... 25,000 25,000 

Total, Advanced simulation and computing ............... 734,244 734,244 

Advanced manufacturing 

Additive manufacturing ................................................. 12,000 12,000 

Component manufacturing development ..................... 38,644 38,644 

Processing technology development .............................. 29,896 34,896 

Program increase .................................................... [5,000 ] 

Total, Advanced manufacturing .................................... 80,540 85,540 

Total, RDT&E ............................................................................. 2,028,362 2,031,719 

Infrastructure and operations (formerly RTBF) 

Operations of facilities .......................................................... 868,000 848,470 

Safety and environmental operations .................................. 116,000 116,000 

Maintenance and repair of facilities .................................... 360,000 395,000 

Program increase to address high-priority preventative maintenance ........................................................ [35,000 ] 

Recapitalization ..................................................................... 427,342 542,342 

Program increase to address high-priority deferred 

maintenance ................................................................ [115,000 ] 

Construction: 

18–D–680, Material Staging Facility, PX .................... 0 5,200 

Project initiation ..................................................... [5,200 ] 

18–D–660, Fire Station, Y–12 ....................................... 28,000 28,000 

18–D–650, Tritium Production Capability, SRS ......... 6,800 6,800 

17–D–640 U1a Complex Enhancements Project, 

NNSS ........................................................................... 22,100 22,100 

17–D–630 Expand Electrical Distribution System, 

LLNL ........................................................................... 6,000 6,000 

16–D–515 Albuquerque complex project ...................... 98,000 98,000 

15–D–613 Emergency Operations Center, Y–12 ......... 7,000 7,000 

07–D–220 Radioactive liquid waste treatment facility 

upgrade project, LANL .............................................. 2,100 2,100 

07–D–220-04 Transuranic liquid waste facility, 

LANL ........................................................................... 17,895 17,895 

06–D–141 Uranium processing facility Y–12, Oak 

Ridge, TN .................................................................... 663,000 663,000 


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131 STAT. 2018 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

04–D–125 Chemistry and metallurgy research facility replacement project, LANL .................................. 180,900 180,900 

Total, Construction ........................................................... 1,031,795 1,036,995 

Total, Infrastructure and operations ................................... 2,803,137 2,938,807 

Secure transportation asset 

Operations and equipment ................................................... 219,464 185,568 

Program decrease ........................................................... [–33,896 ] 

Program direction ................................................................. 105,600 105,600 

Total, Secure transportation asset ....................................... 325,064 291,168 

Defense nuclear security 

Operations and maintenance ............................................... 686,977 714,977 

Support to physical security infrastructure recapitalization and CSTART .................................................. [28,000 ] 

Construction: 

17–D–710 West end protected area reduction project, 

Y–12 ............................................................................. 0 5,000 

Program increase .................................................... [5,000 ] 

Total, Defense nuclear security ............................................ 686,977 719,977 

Information technology and cybersecurity ................................. 186,728 186,728 

Legacy contractor pensions .......................................................... 232,050 232,050 

Total, Weapons Activities ............................................................... 10,239,344 10,377,475 

Defense Nuclear Nonproliferation 

Defense Nuclear Nonproliferation Programs 

Global material security 

International nuclear security ...................................... 46,339 46,339 

Radiological security ...................................................... 146,340 166,340 

Protection and safe disposal of radioactive 

sources .................................................................. [20,000 ] 

Nuclear smuggling detection ......................................... 144,429 139,429 

Program decrease .................................................... [–5,000 ] 

Total, Global material security ...................................... 337,108 352,108 

Material management and minimization 

HEU reactor conversion ................................................ 125,500 125,500 

Nuclear material removal ............................................. 32,925 32,925 

Material disposition ....................................................... 173,669 173,669 

Total, Material management & minimization ............ 332,094 332,094 

Nonproliferation and arms control ...................................... 129,703 129,703 

Defense nuclear nonproliferation R&D ............................... 446,095 451,095 

Acceleration of low-yield detection experiments and 3D printing efforts .................... [5,000 ] 

Nonproliferation Construction: 

18–D–150 Surplus Plutonium Disposition Project ...... 9,000 9,000 

99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS ................................................................... 270,000 340,000 

Program increase .................................................... [70,000 ] 

Total, Nonproliferation construction ........................... 279,000 349,000 

Total, Defense Nuclear Nonproliferation Programs ........ 1,524,000 1,614,000 

Low Enriched Uranium R&D for Naval Reactors ..................... 0 0 

Legacy contractor pensions .......................................................... 40,950 40,950 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2019 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

Nuclear counterterrorism and incident response program ....... 277,360 277,360 

Rescission of prior year balances ................................................ –49,000 –49,000 

Total, Defense Nuclear Nonproliferation .................................. 1,793,310 1,883,310 

Naval Reactors 

Naval reactors development ........................................................ 473,267 473,267 

Columbia-Class reactor systems development ........................... 156,700 156,700 

S8G Prototype refueling .............................................................. 190,000 190,000 

Naval reactors operations and infrastructure ............................ 466,884 466,884 

Construction: 

15–D–904 NRF Overpack Storage Expansion 3 ................. 13,700 13,700 

15–D–903 KL Fire System Upgrade .................................... 15,000 15,000 

14–D–901 Spent fuel handling recapitalization project, 

NRF .................................................................................... 116,000 116,000 

Total, Construction .................................................................. 144,700 144,700 

Program direction ......................................................................... 48,200 46,651 

Program decrease .................................................................. [–1,549 ] 

Total, Naval Reactors ...................................................................... 1,479,751 1,431,551 

Federal Salaries And Expenses 

Program direction ......................................................................... 418,595 407,595 

Program decrease to support maximum of 1,690 employees ....................................................................................... [–11,000 ] 

Total, Office Of The Administrator ............................................. 418,595 407,595 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ................................................ 4,889 4,889 

Hanford site: 

River corridor and other cleanup operations ...................... 58,692 93,692 

Acceleration of priority programs .......... [35,000 ] 

Central plateau remediation ................................................ 637,879 642,250 

Acceleration of priority programs .......... [4,371 ] 

Richland community and regulatory support ..................... 5,121 5,121 

Construction: 

18–D–404 WESF Modifications and Capsule Storage 6,500 6,500 

15–D–401 Containerized sludge removal annex, RL .. 8,000 8,000 

Total, Construction ........................................................... 14,500 14,500 

Total, Hanford site .................................................................... 716,192 755,563 

Idaho National Laboratory: 

SNF stabilization and disposition—2012 ............................ 19,975 19,975 

Solid waste stabilization and disposition ............................ 170,101 170,101 

Radioactive liquid tank waste stabilization and disposition ...................................................................................... 111,352 111,352 

Soil and water remediation—2035 ...................................... 44,727 44,727 

Idaho community and regulatory support ........................... 4,071 4,071 

Total, Idaho National Laboratory ......................................... 350,226 350,226 

NNSA sites 

Lawrence Livermore National Laboratory .......................... 1,175 1,175 

Separations Process Research Unit ..................................... 1,800 1,800 

Nevada ................................................................................... 60,136 60,136 

Sandia National Laboratories .............................................. 2,600 2,600 

Los Alamos National Laboratory ......................................... 191,629 191,629 


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131 STAT. 2020 PUBLIC LAW 115–91—DEC. 12, 2017 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

Total, NNSA sites and Nevada off-sites ............................... 257,340 257,340 

Oak Ridge Reservation: 

OR Nuclear facility D & D 

OR-0041—D&D - Y–12 .................................................. 29,369 29,369 

OR-0042—D&D -ORNL ................................................. 48,110 48,110 

Construction: 

17–D–401 On-site waste disposal facility ............. 5,000 5,000 

14–D–403 Outfall 200 Mercury Treatment facility ......................................................................... 17,100 17,100 

Total, OR Nuclear facility D & D ................................... 99,579 99,579 

U233 Disposition Program ................................................... 33,784 33,784 

OR cleanup and disposition .......................................... 66,632 66,632 

OR reservation community and regulatory support ... 4,605 4,605 

OR Solid waste stabilization and disposition technology development .................................................... 3,000 3,000 

Total, Oak Ridge Reservation ................................................ 207,600 207,600 

Office of River Protection: 

Waste treatment and immobilization plant 

Construction: 

01–D–416 A-D WTP Subprojects A-D ........... 655,000 655,000 

01–D–416 E—Pretreatment Facility ............ 35,000 35,000 

Total, 01–D–416 Construction .................................. 690,000 690,000 

WTP Commissioning ......... 8,000 8,000 

Total, Waste treatment and immobilization plant .... 698,000 698,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ... 713,311 713,311 

Construction: 

15–D–409 Low activity waste pretreatment system, ORP .............................................................. 93,000 93,000 

Total, Tank farm activities .............................................. 806,311 806,311 

Total, Office of River protection ........................................... 1,504,311 1,504,311 

Savannah River Sites: 

Nuclear Material Management ............................................ 323,482 350,482 

Acceleration of priority programs .......... [27,000 ] 

Environmental Cleanup 

Environmental Cleanup ................................................ 159,478 159,478 

Construction: 

08–D–402, Emergency Operations Center ............ 500 500 

Total, Environmental Cleanup ....................................... 159,978 159,978 

SR community and regulatory support ............................... 11,249 11,249 

Radioactive liquid tank waste: 

Radioactive liquid tank waste stabilization and disposition ........................................................................ 597,258 597,258 

Construction: 

18–D–401, SDU #8/9 .............................................. 500 500 

17–D–402—Saltstone Disposal Unit #7 ................ 40,000 40,000 

05–D–405 Salt waste processing facility, Savannah River Site ...................................................... 150,000 150,000 

Total, Construction .................................................... 190,500 190,500 

Total, Radioactive liquid tank waste ........................... 787,758 787,758 


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PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 2021 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

Total, Savannah River site ..................................................... 1,282,467 1,309,467 

Waste Isolation Pilot Plant 

Operations and maintenance ............................................... 206,617 206,617 

Central characterization project .......................................... 22,500 22,500 

Transportation ....................................................................... 21,854 21,854 

Construction: 

15–D–411 Safety significant confinement ventilation 

system, WIPP ............................................................. 46,000 46,000 

15–D–412 Exhaust shaft, WIPP ................................... 19,600 19,600 

Total, Construction ........................................................... 65,600 65,600 

Total, Waste Isolation Pilot Plant ......................................... 316,571 316,571 

Program direction ......................................................................... 300,000 300,000 

Program support ........................................................................... 6,979 6,979 

WCF Mission Related Activities ................................................. 22,109 2,000 

Program decrease .................................................................. [–20,109 ] 

Minority Serving Institution Partnership .................................. 6,000 6,000 

Safeguards and Security 

Oak Ridge Reservation ......................................................... 16,500 16,500 

Paducah ................................................................................. 14,049 14,049 

Portsmouth ............................................................................ 12,713 12,713 

Richland/Hanford Site .......................................................... 75,600 75,600 

Savannah River Site ............................................................. 142,314 142,314 

Waste Isolation Pilot Project ................................................ 5,200 5,200 

West Valley ............................................................................ 2,784 2,784 

Total, Safeguards and Security ............................................. 269,160 269,160 

Cyber Security .............................................................................. 43,342 0 

Program decrease .................................................................. [–43,342 ] 

Technology development .............................................................. 25,000 25,000 

HQEF-0040—Excess Facilities .................................................... 225,000 125,000 

Program decrease .................................................................. [–100,000 ] 

Total, Defense Environmental Cleanup ..................................... 5,537,186 5,440,106 

Other Defense Activities 

Environment, health, safety and security 

Environment, health, safety and security ........................... 130,693 128,946 

Program decrease .................................................................. [–1,747 ] 

Program direction ................................................................. 68,765 68,000 

Program decrease .................................................................. [–765 ] 

Total, Environment, Health, safety and security ............. 199,458 196,946 

Independent enterprise assessments 

Independent enterprise assessments ................................... 24,068 24,068 

Program direction ................................................................. 50,863 50,863 

Total, Independent enterprise assessments ....................... 74,931 74,931 

Specialized security activities ...................................................... 237,912 240,912 

Classified topic ...................................................................... [3,000 ] 

Office of Legacy Management 

Legacy management ............................................................. 137,674 137,674 

Program direction ................................................................. 16,932 16,932 

Total, Office of Legacy Management ................................... 154,606 154,606 

Defense-related activities 

Defense related administrative support 

Chief financial officer ............................................................ 48,484 48,484 


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131 STAT. 2022 PUBLIC LAW 115–91—DEC. 12, 2017 

LEGISLATIVE HISTORY—H.R. 2810 (S. 1519): 

HOUSE REPORTS: Nos. 115–200, Pts. 1 and 2 (both from Comm. on Armed Services) and 115–404 (Comm. of Conference). 

SENATE REPORTS: No. 115–125 (Comm. on Armed Services) accompanying 

S. 1519. 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

July 12–14, considered and passed House. 

Sept. 13, 14, 18, considered and passed Senate, amended. 

Sept. 19, Senate considered and adopted amendment No. 545. 

Sept. 25, Senate modified amendments Nos. 1065 and 1086. 

Nov. 14, House agreed to conference report. 

Nov. 16, Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017): 

Dec. 12, Presidential remarks and statement. 

Æ 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2018 

Request 

Conference 

Authorized 

Chief information officer ....................................................... 91,443 91,443 

Project management oversight and assessments ............... 3,073 3,073 

Total, Defense related administrative support ................. 143,000 139,927 

Office of hearings and appeals .................................................... 5,605 5,605 

Subtotal, Other defense activities ............................................... 815,512 816,000 

Total, Other Defense Activities .................................................... 815,512 816,000 

Defense Nuclear Waste Disposal 

Yucca mountain and interim storage ......................................... 30,000 30,000 

Total, Defense Nuclear Waste Disposal ...................................... 30,000 30,000 

Approved December 12, 2017. 


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