652 
under subparagraph (E) is submitted with respect to such 
purchase.’’. 
SEC. 1024. TECHNICAL CORRECTIONS AND CLARIFICA-
TIONS TO CHAPTER 633 OF TITLE 10, UNITED 
STATES CODE, AND OTHER PROVISIONS OF 
LAW REGARDING NAVAL VESSELS. 
(a) MODEL BASIN; INVESTIGATION OF HULL DE-
SIGNS.—Section 7303 of title 10, United States Code, is 
amended by striking ‘‘(a) An office’’ and all that follows 
through ‘‘(b) The Secretary’’ and inserting ‘‘The Sec-
retary’’. 
(b) REPEAL OF CERTAIN PROVISIONS OF CHAPTER 
633 OF TITLE 10, UNITED STATES CODE.— 
(1) IN
GENERAL.—The following sections of 
chapter 633 of title 10, United States Code, are re-
pealed: 
(A) Section 7294. 
(B) Section 7295. 
(C) Section 7300. 
(D) Section 7306. 
(E) Section 7306b. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the items relating to sections 7294. 
7295. 7300, 7306, and 7306b.
653 
(c) OTHER PROVISIONS OF LAW.— 
(1) REPEAL OF METERING OF NAVY PIERS TO 
ACCURATELY
MEASURE
ENERGY
CONSUMPTION.— 
Section 2828 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1694; 10 U.S.C. 7291 note) is repealed. 
(2) MODIFICATION OF ADVANCE PROCUREMENT 
FUNDING.—Section 124 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2214; 10 U.S.C. 7291 note) is 
amended— 
(A) by striking subsection (a); and 
(B) by redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively. 
(3) REPEAL OF POLICY RELATING TO MAJOR 
COMBATANT VESSELS OF THE STRIKE FORCES OF 
THE UNITED STATES NAVY.—Section 1012 of the 
National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 303; 10 
U.S.C. 7291 note) is repealed. 
(4) REPEAL OF ALTERNATIVE TECHNOLOGIES 
FOR FUTURE SURFACE COMBATANTS.—Section 128 
of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2109; 10 U.S.C. 7291 note) is repealed.
654 
(5) REPEAL OF OBSOLETE PROVISION ON VES-
SEL SCRAPPING PILOT PROGRAM.—Section 8124 of 
the Department of Defense Appropriations Act, 
1999 (Public Law 105–262; 112 Stat. 2333; 10 
U.S.C. 7291 note) is repealed. 
(6) REPEAL OF PROVISION ON CONSIDERATION 
OF VESSEL LOCATION FOR AWARD OF LAYBERTH 
CONTRACTS FOR SEALIFT VESSELS.—Section 375 of 
the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102–484; 106 Stat. 2385; 
10 U.S.C. 7291 note) is repealed. 
(7) REPEAL OF PROVISION ON REVITALIZATION 
OF UNITED STATES SHIPBUILDING INDUSTRY.—Sec-
tion 1031 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102–484; 106 
Stat. 2489; 10 U.S.C. 7291 note) is repealed. 
(8) REPEAL OF FAST SEALIFT PROGRAM.— 
(A) PROCUREMENT
OF
SHIPS.—Section 
1021 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102–484; 
106 Stat. 2485; 10 U.S.C. 7291 note) is re-
pealed. 
(B) ESTABLISHMENT OF PROGRAM.—Sec-
tion 1424 of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law
655 
101–510; 104 Stat. 1683; 10 U.S.C. 7291 
note) is repealed. 
(9) REPEAL OF REQUIREMENTS RELATING TO 
DEPOT-LEVEL
MAINTENANCE
OF
SHIPS.—Section 
1614 of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101–189; 
103 Stat. 1601; 10 U.S.C. 7291 note) is amended 
by striking subsections (a) and (b). 
(10) REPEAL OF OBSOLETE REQUIREMENT FOR 
REPORTS
ON
EFFECTS
OF
NAVAL
SHIPBUILDING 
PLANS ON MARITIME INDUSTRIES.—Section 1227 of 
the National Defense Authorization Act for Fiscal 
Year 1989 (Public Law 100–456; 102 Stat. 2055; 
10 U.S.C. 7291 note) is repealed. 
(11) REPEAL OF SIX-HUNDRED-SHIP GOAL FOR 
NAVY; SENSE OF CONGRESS.—Section 791 of the 
Department of Defense Appropriations Act, 1982 
(Public Law 97–114; 95 Stat. 1593; 10 U.S.C. 7291 
note) is repealed. 
(12) REPEAL OF PROHIBITION ON USE OF PUB-
LIC
AND
PRIVATE
SHIPYARDS
FOR
CONVERSION, 
OVERHAUL, OR REPAIR WORK UNDER CERTAIN PRO-
GRAMS.—Section 811 of the Department of Defense 
Appropriations Act, 1979 (Public Law 95–485; 92 
Stat. 1624; 10 U.S.C. 7291 note) is repealed.
656 
(13) REPEAL OF OBSOLETE REQUIREMENT TO 
SUBMIT A FIVE-YEAR NAVAL SHIP NEW CONSTRUC-
TION AND CONVERSION PROGRAM.—Section 808 of 
the Department of Defense Authorization Act, 1976 
(Public Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 
note) is repealed. 
SEC. 1025. RETENTION OF NAVY HOSPITAL SHIP CAPA-
BILITY. 
(a) RETENTION OF SHIPS.—The Secretary of the 
Navy shall retain two T-AH 19 Mercy-class hospital ships 
at a readiness level that provides for the activation and 
deployment of each such ship within a period that does 
not exceed 5 days. 
(b) WAIVER AUTHORITY.—The Secretary of the 
Navy may waive the requirement under subsection (a) if 
the Secretary submits to the congressional defense com-
mittees certification in writing that the Secretary has— 
(1) for any T-AH 19 Mercy-class hospital ship 
to be retired or transferred, identified a replacement 
capability to meet the combatant commander afloat 
medical capability for medical and surgical care that 
is being met by the ship to be retired or transferred; 
and
657 
(2) achieved the initial operational capability of 
the replacement capability described in paragraph 
(1). 
Subtitle D—Counterterrorism 
SEC. 1031. DEFINITION OF SENSITIVE MILITARY OPER-
ATION. 
Subsection (d) of section 130f of title 10, United 
States Code, is amended to read as follows: 
‘‘(d) SENSITIVE MILITARY OPERATION DEFINED.— 
(1) Except as provided in paragraph (2), in this section, 
the term ‘sensitive military operation’ means a lethal oper-
ation or capture operation conducted by the armed forces 
or conducted by a foreign partner in coordination with the 
armed forces that targets a specific individual or individ-
uals. 
‘‘(2) For purposes of this section, the term ‘sensitive 
military operation’ does not include any operation con-
ducted within Afghanistan.’’. 
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO THE UNITED STATES. 
No amounts authorized to be appropriated or other-
wise made available for the Department of Defense may 
be used during the period beginning on the date of the
658 
enactment of this Act and ending on December 31, 2019, 
to transfer, release, or assist in the transfer of or release 
to or within the United States, its territories, or posses-
sions Khalid Sheikh Mohammed or any other detainee 
who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after January 20, 
2009, at United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense. 
SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available for the Depart-
ment of Defense may be used during the period beginning 
on the date of the enactment of this Act and ending on 
December 31, 2019, to construct or modify any facility 
in the United States, its territories, or possessions to 
house any individual detained at Guantanamo for the pur-
poses of detention or imprisonment in the custody or 
under the control of the Department of Defense.
659 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1034(f)(2) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 
U.S.C. 801 note). 
SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO CERTAIN COUNTRIES. 
No amounts authorized to be appropriated or other-
wise made available for the Department of Defense may 
be used during the period beginning on the date of the 
enactment of this Act and ending on December 31, 2019, 
to transfer, release, or assist in the transfer or release of 
any individual detained in the custody or under the control 
of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control 
of any country, or any entity within such country, as fol-
lows: 
(1) Libya. 
(2) Somalia.
660 
(3) Syria. 
(4) Yemen. 
Subtitle E—Miscellaneous 
Authorities and Limitations 
SEC. 1041. NOTIFICATION ON THE PROVISION OF DEFENSE 
SENSITIVE SUPPORT. 
Section 1055 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 
113 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2)(B), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(3) is requested by the non-Department of De-
fense Federal department or agency only after the 
department or agency has first reasonably attempted 
to use the resources of that department or agency to 
accomplish the mission for which the department or 
agency is making such request; and
661 
‘‘(4) is most appropriately provided by the De-
partment of Defense rather than another depart-
ment or agency of the Federal Government.’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(4) REVERSE DEFENSE SENSITIVE SUPPORT 
REQUEST.—The Secretary shall notify the congres-
sional defense committees (and the congressional in-
telligence committees with respect to matters relat-
ing to members of the intelligence community) of re-
quests made by the Secretary to a non-Department 
of Defense Federal department or agency for sup-
port that requires special protection from disclosure 
in the same manner and containing the same infor-
mation as the Secretary notifies such committees of 
defense sensitive support requests under paragraphs 
(1) and (3).’’. 
SEC. 1042. COORDINATING UNITED STATES RESPONSE TO 
MALIGN FOREIGN INFLUENCE OPERATIONS 
AND CAMPAIGNS. 
(a) IN GENERAL.—Section 101 of the National Secu-
rity Act of 1947 (50 U.S.C. 3021) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end;
662 
(B) in paragraph (3), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) coordinate, without assuming operational 
authority, the United States Government response to 
malign foreign influence operations and cam-
paigns.’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(g) COORDINATOR FOR COMBATING MALIGN FOR-
EIGN INFLUENCE OPERATIONS AND CAMPAIGNS.— 
‘‘(1) IN GENERAL.—The President shall des-
ignate an employee of the National Security Council 
to be responsible for the coordination of the inter-
agency process for combating malign foreign influ-
ence operations and campaigns. 
‘‘(2) CONGRESSIONAL BRIEFING.— 
‘‘(A) IN
GENERAL.—Not less frequently 
than twice each year, the employee designated 
under this subsection shall provide to the con-
gressional committees specified in subparagraph 
(B) a briefing on the responsibilities and activi-
ties of the individual under this subsection.
663 
‘‘(B) COMMITTEES SPECIFIED.—The con-
gressional committees specified in this subpara-
graph are the following: 
‘‘(i) The Committees on Armed Serv-
ices, Foreign Affairs, and Oversight and 
Government Reform, and the Permanent 
Select Committee on Intelligence of the 
House of Representatives. 
‘‘(ii) The Committees on Armed Serv-
ices, Foreign Relations, and Homeland Se-
curity and Governmental Affairs, and the 
Select Committee on Intelligence of the 
Senate. 
‘‘(h) DEFINITION OF MALIGN FOREIGN INFLUENCE 
OPERATIONS AND CAMPAIGNS.—In this section, the term 
‘malign foreign influence operations and campaigns’ 
means the coordinated, integrated, and synchronized ap-
plication of national diplomatic, informational, military, 
economic, business, corruption, educational, and other ca-
pabilities by hostile foreign powers to foster attitudes, be-
haviors, decisions, or outcomes within the United States.’’. 
(b) STRATEGY.— 
(1) IN
GENERAL.—Not later than 9 months 
after the date of the enactment of this Act, the 
President, acting through the National Security
664 
Council, shall submit to the congressional commit-
tees specified in paragraph (2) a strategy to counter 
malign foreign influence operations and campaigns 
(as such term is defined in section 101(h) of the Na-
tional Security Act of 1947 (50 U.S.C. 3021), as 
added by subsection (a)). 
(2) COMMITTEES
SPECIFIED.—The congres-
sional committees specified in this paragraph are the 
following: 
(A) The Committees on Armed Services, 
Foreign Affairs, and Oversight and Government 
Reform, and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
(B) The Committees on Armed Services, 
Foreign Relations, and Homeland Security and 
Governmental Affairs, and the Select Com-
mittee on Intelligence of the Senate. 
SEC. 1043. WORKFORCE ISSUES FOR MILITARY REALIGN-
MENTS IN THE PACIFIC. 
Section 6(b)(1) of the Joint Resolution entitled ‘‘A 
Joint Resolution to approve the ‘Covenant To Establish 
a Commonwealth of the Northern Mariana Islands in Po-
litical Union With the United States of America’, and for 
other purposes’’, approved March 24, 1976 (48 U.S.C. 
1806(b)(1)) is amended—
666 
ices that is directly connected to, or associ-
ated with, the military realignment occur-
ring on Guam and in the Commonwealth; 
or 
‘‘(ii) to perform service or labor as a 
health care worker (such as a nurse, physi-
cian assistant, or allied health professional) 
on Guam or in the Commonwealth, subject 
to the education, training, licensing, and 
other requirements of section 212(a)(5)(C) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(C)), as applicable, ex-
cept that this clause shall not be construed 
to include graduates of medical schools 
coming to Guam or the Commonwealth to 
perform service or labor as members of the 
medical profession.’’; and 
(3) by adding at the end the following: 
‘‘(C) RETURNING
WORKERS.—After the 
end of the period described in subparagraph 
(A), any alien who was admitted to Guam or 
the Commonwealth pursuant to subparagraph 
(A) or (B) may again seek admission to Guam 
or 
the 
Commonwealth 
under 
section 
101(a)(15)(H)(ii)(b) of the Immigration and
667 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)) without being counted 
toward the numerical limitation of section 
214(g)(1)(B) 
of 
such 
Act 
(8 
U.S.C. 
1184(g))(1)(B)). Such an alien shall be consid-
ered to be a returning worker subject to sub-
paragraphs (B) and (C) of section 214(g)(9) of 
such Act (8 U.S.C. 1184(g)(9)). An alien may 
be considered to be a returning worker under 
this subparagraph only once.’’. 
SEC. 1044. MITIGATION OF OPERATIONAL RISKS POSED TO 
CERTAIN 
MILITARY 
AIRCRAFT 
BY 
AUTO-
MATIC DEPENDENT SURVEILLANCE-BROAD-
CAST EQUIPMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
may not— 
(1) directly or indirectly require the installation 
of automatic dependent surveillance-broadcast (here-
inafter in this section referred to as ‘‘ADS-B’’) 
equipment on fighter aircraft, bomber aircraft, or 
other special mission aircraft owned or operated by 
the Department of Defense; 
(2) deny or reduce air traffic control services in 
United States airspace or international airspace del-
egated to the United States to any aircraft described
668 
in paragraph (1) on the basis that such aircraft is 
not equipped with ADS-B equipment; or 
(3) restrict or limit airspace access for aircraft 
described in paragraph (1) on the basis such aircraft 
are not equipped with ADS-B equipment. 
(b) TERMINATION.—Subsection (a) shall cease to be 
effective on the date that the Secretary of Transportation 
and the Secretary of Defense jointly submit to the appro-
priate congressional committees notice that the Secre-
taries have entered into a memorandum of agreement or 
other similar agreement providing that fighter aircraft, 
bomber aircraft, and other special mission aircraft owned 
or operated by the Department of Defense that are not 
equipped or not yet equipped with ADS-B equipment will 
be reasonably accommodated for safe operations in the 
National Airspace System and provided with necessary air 
traffic control services. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to— 
(1) vest in the Secretary of Defense any author-
ity of the Secretary of Transportation or the Admin-
istrator of the Federal Aviation Administration 
under title 49, United States Code, or any other 
provision of law;
669 
(2) vest in the Secretary of Transportation or 
the Administrator of the Federal Aviation Adminis-
tration any authority of the Secretary of Defense 
under title 10, United States Code, or any other 
provision of law; or 
(3) limit the authority or discretion of the Sec-
retary of Transportation or the Administrator of the 
Federal Aviation Administration to operate air traf-
fic control services to ensure the safe minimum sepa-
ration of aircraft in flight and the efficient use of 
airspace. 
(d) NOTIFICATION REQUIREMENT.—The Secretary 
of Defense shall provide to the Secretary of Transpor-
tation notification of any aircraft the Secretary of Defense 
designates as a special mission aircraft pursuant to sub-
section (e)(3). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the congressional defense commit-
tees, the Committee on Transportation and Infra-
structure of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(2) The term ‘‘air traffic control services’’ 
means services used for the monitoring, directing,
670 
control, and guidance of aircraft or flows of aircraft 
and for the safe conduct of flight, including commu-
nications, navigation, and surveillance services and 
provision of aeronautical information. 
(3) The term ‘‘special mission aircraft’’ means 
an aircraft the Secretary of Defense designates for 
a unique mission to which ADS-B equipment creates 
a unique risk. 
SEC. 1045. LIMITATION ON AVAILABILITY OF FUNDS FOR 
UNMANNED SURFACE VEHICLES. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2019 for the Department of Defense for 
the strategic capabilities office ghost fleet overlord un-
manned surface vehicle program may be obligated or ex-
pended until the Undersecretary of Defense for Research 
and Engineering, in coordination with the Secretary of the 
Navy, certifies to the congressional defense committees 
that— 
(1) such project accelerates development of the 
future unmanned surface vehicle program of the 
Navy; 
(2) the Commander of the Naval Sea Systems 
Command has been designated as the contracting of-
ficer for such project; and
671 
(3) the desired procurement strategy for the 
ghost fleet overlord project is properly coordinated 
and not duplicative of the unmanned surface vehicle 
sea hunter program of the Navy. 
(b) RULE
OF CONSTRUCTION.—The limitation in 
subsection (a) shall not be construed to apply to any other 
unmanned surface vehicle program of the Department of 
Defense other than the program element specified in such 
subsection. 
SEC. 1046. PROGRAM FOR DEPARTMENT OF DEFENSE CON-
TROLLED UNCLASSIFIED INFORMATION IN 
THE HANDS OF INDUSTRY. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish and implement a foreign ownership, control, or in-
fluence program for Department of Defense controlled un-
classified information in the hands of industry. The Sec-
retary may designate an entity or individual within the 
Department to take responsibility for such controlled un-
classified information and the oversight of the program. 
(b) PROGRAM REQUIREMENTS.—Under the program 
required by subsection (a), the Secretary shall require that 
prior to any company receiving controlled unclassified in-
formation or classified information, or becoming a cleared 
defense contractor—
672 
(1) the company shall report to the Secretary 
any foreign— 
(A) direction or controlling interest of the 
company; or 
(B) access to intellectual property relating 
to classified information or controlled unclassi-
fied information; and 
(2) the Secretary shall determine if, on the 
basis of information reported under paragraph (1), 
the company should receive such information, includ-
ing if risk to the national security can be mitigated 
and how such mitigation would be enforced. 
SEC. 
1047. 
PROTECTION 
OF 
EMERGING 
AND 
FOUNDATIONAL TECHNOLOGIES. 
(a) LIST.—The Secretary of Defense shall establish 
and maintain a list of emerging and foundational tech-
nologies that are necessary for maintaining the national 
security technological advantage of the United States over 
foreign countries of special concern, as determined by the 
Secretary. 
(b) TECHNOLOGY
PROTECTION.—The Secretary 
should use the list under subsection (a) to inform activities 
carried out by the Secretary relating to technology protec-
tion, including under interagency processes conducted pur-
suant to Federal law.
673 
SEC. 1048. AIRBORNE HAZARDS AND OPEN BURN PIT REG-
ISTRY. 
(a) EDUCATION CAMPAIGN.—Beginning not later 
than one year after the date of the enactment of this Act, 
the Secretary of Defense shall carry out an annual edu-
cation campaign to inform individuals who may be eligible 
to enroll in the Airborne Hazards and Open Burn Pit Reg-
istry of such eligibility. Each such campaign shall include 
at least one electronic method and one physical mailing 
method to provide such information. 
(b) AIRBORNE HAZARDS AND OPEN BURN PIT REG-
ISTRY DEFINED.—In this section, the term ‘‘Airborne 
Hazards and Open Burn Pit Registry’’ means the registry 
established by the Secretary of Veterans Affairs under sec-
tion 201 of the Dignified Burial and Other Veterans’ Ben-
efits Improvement Act of 2012 (Public Law 112–260; 38 
U.S.C. 527 note). 
SEC. 1049. EVALUATION OF PILOT SAFETY BY MILITARY 
AVIATION AND INSTALLATION ASSURANCE 
SITING CLEARINGHOUSE. 
(a) IN GENERAL.—Section 183a of title 10, United 
States Code, is amended— 
(1) by striking ‘‘unacceptable risk to the na-
tional security of the United States’’ each place it 
appears and inserting ‘‘unacceptable risk to military 
operations and readiness’’; and
674 
(2) in subsection (h)— 
(A) in paragraph (1), by inserting ‘‘pilot 
safety,’’ after ‘‘flight operations,’’; and 
(B) by amending paragraph (7) to read as 
follows: 
‘‘(7) The term ‘unacceptable risk to military op-
erations and readiness’ means the construction, al-
teration, establishment, or expansion, or the pro-
posed construction, alteration, establishment, or ex-
pansion, of a structure or sanitary landfill, that the 
Secretary of Defense can demonstrate would— 
‘‘(A) endanger safety in air commerce di-
rectly related to the activities of the Depart-
ment of Defense; 
‘‘(B) interfere with the efficient use of the 
navigable airspace directly related to the activi-
ties of the Department of Defense; or 
‘‘(C) significantly impair or degrade the 
capability of the Department of Defense to— 
‘‘(i) ensure pilot safety; 
‘‘(ii) conduct training, research, devel-
opment, testing, and evaluation, and oper-
ations; or 
‘‘(iii) maintain military readiness.’’.
675 
(b) CONFORMING AMENDMENT.—Section 44718 of 
title 49, United States Code, is amended by striking ‘‘un-
acceptable risk to the national security of the United 
States’’ each place it appears and inserting ‘‘unacceptable 
risk to military operations and readiness’’. 
SEC. 1050. SALE OF SURPLUS DEPARTMENT OF DEFENSE 
EQUIPMENT TO ELIGIBLE FARMERS. 
Section 2576a of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) SALE OF EQUIPMENT TO FARMERS.—(1) Dur-
ing the three-year period beginning on the date of the en-
actment of the National Defense Authorization Act for 
Fiscal Year 2019, the Secretary of Defense, in consulta-
tion with the Secretary of Agriculture, may transfer to eli-
gible farmers equipment of the Department of Defense 
that is— 
‘‘(A) appropriate for use by farmers; and 
‘‘(B) excess to the needs of the Department of 
Defense. 
‘‘(2) A farmer is eligible to purchase equipment under 
this subsection if the farmer is— 
‘‘(A) a veteran and a new and beginning farm-
er, as determined by the Secretary; and
676 
‘‘(B) submits to the Secretary an application 
containing such information and assurances as the 
Secretary may require. 
‘‘(3) Equipment made available for transfer to farm-
ers under this subsection shall be made available to such 
farmers before such equipment is made available for public 
sale. 
‘‘(4) Not later than 60 days after the termination of 
the authority under this subsection, the Secretary shall 
submit to Congress a report on this subsection that in-
cludes the recommendations of the Secretary regarding 
the extension or expansion of the program.’’. 
SEC. 1050A. NATIONAL SECURITY COMMISSION ON ARTIFI-
CIAL INTELLIGENCE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
executive branch an independent Commission to re-
view advances in artificial intelligence, related ma-
chine learning developments, and associated tech-
nologies. 
(2) TREATMENT.—The Commission shall be 
considered an independent establishment of the Fed-
eral Government as defined by section 104 of title 
5, United States Code, and a temporary organiza-
tion under section 3161 of such title.
677 
(3) DESIGNATION.—The Commission estab-
lished under paragraph (1) shall be known as the 
‘‘National Security Commission on Artificial Intel-
ligence’’. 
(4) MEMBERSHIP.— 
(A) COMPOSITION.—The Commission shall 
be composed of 15 members appointed as fol-
lows: 
(i) The Secretary of Defense shall ap-
point 2 members. 
(ii) The Secretary of Commerce shall 
appoint 1 member. 
(iii) The Chairman of the Committee 
on Commerce, Science, and Transportation 
of the Senate shall appoint 1 member. 
(iv) The Ranking Member of the 
Committee on Commerce, Science, and 
Transportation of the Senate shall appoint 
1 member. 
(v) The Chairman of the Committee 
on Energy and Commerce of the House of 
Representatives shall appoint 1 member. 
(vi) The Ranking Member of the 
Committee on Energy and Commerce of
678 
the House of Representatives shall appoint 
1 member. 
(vii) The Chairman of the Committee 
on Armed Services of the Senate shall ap-
point 1 member. 
(viii) The Ranking Member of the 
Committee on Armed Services of the Sen-
ate shall appoint 1 member. 
(ix) The Chairman of the Committee 
on Armed Services of the House of Rep-
resentatives shall appoint 1 member. 
(x) The Ranking Member of the Com-
mittee on Armed Services of the House of 
Representatives shall appoint 1 member. 
(xi) The Chairman of the Select Com-
mittee on Intelligence of the Senate shall 
appoint 1 member. 
(xii) The Vice Chairman of the Select 
Committee on Intelligence of the Senate 
shall appoint 1 member. 
(xiii) The Chairman of the Permanent 
Select Committee on Intelligence of the 
House of Representatives shall appoint 1 
member.
679 
(xiv) The Ranking Member of the 
Permanent Select Committee Intelligence 
of the House of Representatives shall ap-
point 1 member. 
(B) DEADLINE FOR APPOINTMENT.—Mem-
bers shall be appointed to the Commission 
under paragraph (1) not later than 90 days 
after the Commission establishment date. 
(C) EFFECT OF LACK OF APPOINTMENT 
BY APPOINTMENT DATE.—If one or more ap-
pointments under paragraph (1) is not made by 
the appointment date specified in paragraph 
(2), the authority to make such appointment or 
appointments shall expire, and the number of 
members of the Commission shall be reduced by 
the number equal to the number of appoint-
ments so not made. 
(5) CHAIR AND VICE CHAIR.—The Commission 
shall elect a Chair and Vice Chair from among its 
members. 
(6) TERMS.—Members shall be appointed for 
the life of the Commission. A vacancy in the Com-
mission shall not affect its powers, and shall be filled 
in the same manner as the original appointment was 
made.
680 
(7) STATUS
AS
FEDERAL
EMPLOYEES.—Not-
withstanding the requirements of section 2105 of 
title 5, United States Code, including the required 
supervision under subsection (a)(3) of such section, 
the members of the Commission shall be deemed to 
be Federal employees. 
(b) DUTIES.— 
(1) IN GENERAL.—The Commission shall carry 
out the review described in paragraph (2). In car-
rying out such review, the Commission shall consider 
the methods and means necessary to advance the de-
velopment of artificial intelligence, machine learning, 
and associated technologies by the United States to 
comprehensively address the national security and 
defense needs of the United States. 
(2) SCOPE OF THE REVIEW.—In conducting the 
review paragraph (1), the Commission shall consider 
the following: 
(A) The competitiveness of the United 
States in artificial intelligence, machine learn-
ing, and other associated technologies, including 
matters related to national security, defense, 
public-private partnerships, and investments. 
(B) Means and methods for the United 
States to maintain a technological advantage in
681 
artificial intelligence, machine learning, and 
other associated technologies related to national 
security and defense. 
(C) Developments and trends in inter-
national cooperation and competitiveness, in-
cluding foreign investments in artificial intel-
ligence, related machine learning, and computer 
science fields that are materially related to na-
tional security and defense. 
(D) Means by which to foster greater em-
phasis and investments in basic and advanced 
research to stimulate private, public, academic 
and combined initiatives in artificial intel-
ligence, machine learning, and other associated 
technologies, to the extent that such efforts 
have application materially related to national 
security and defense. 
(E) Workforce and education incentives to 
attract and recruit leading talent in artificial 
intelligence and machine learning disciplines, 
including science, technology, engineering, and 
math programs. 
(F) Risks associated with United States 
and foreign country advances in military em-
ployment of artificial intelligence and machine
682 
learning, including international law of armed 
conflict, international humanitarian law, and es-
calation dynamics. 
(G) Associated ethical considerations re-
lated to artificial intelligence and machine 
learning as it will be used for future applica-
tions related to national security and defense. 
(H) Means to establish data standards, 
and incentivize the sharing of open training 
data within related national security and de-
fense data-driven industries. 
(I) Consideration of the evolution of artifi-
cial intelligence and appropriate mechanism for 
managing such technology related to national 
security and defense. 
(J) Any other matters the Commission 
deems relevant to the common defense of the 
Nation. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall submit to the President and Con-
gress an initial report on the findings of the Com-
mission and such recommendations that the Com-
mission may have for action by the executive branch
683 
and Congress related to artificial intelligence, ma-
chine learning, and associated technologies, includ-
ing recommendations to more effectively organize 
the Federal Government. 
(2) ANNUAL COMPREHENSIVE REPORTS.—Not 
later than one year after the date of this enactment 
of this Act, and every year thereafter annually, until 
the date specified in subsection (e), the Commission 
shall submit a comprehensive report on the review 
required under subsection (b). 
(3) FORM
OF
REPORTS.—Reports submitted 
under this subsection shall be made publically avail-
able, but may include a classified annex. 
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by this Act for fiscal year 2019 for the Depart-
ment of Defense, not more than $10,000,000 shall be 
made available to the Commission to carry out its duties 
under this subtitle. Funds made available to the Commis-
sion under the preceding sentence shall remain available 
until expended. 
(e) TERMINATION.—The Commission shall terminate 
on October 1, 2020. 
(f) DEFINITION OF ARTIFICIAL INTELLIGENCE.—In 
this section, the term ‘‘artificial intelligence’’ includes each 
of the following:
684 
(1) Any artificial system that performs tasks 
under varying and unpredictable circumstances with-
out significant human oversight, or that can learn 
from experience and improve performance when ex-
posed to data sets. 
(2) An artificial system developed in computer 
software, physical hardware, or other context that 
solves tasks requiring human-like perception, cog-
nition, planning, learning, communication, or phys-
ical action. 
(3) An artificial system designed to think or act 
like a human, including cognitive architectures and 
neural networks. 
(4) A set of techniques, including machine 
learning that is designed to approximate a cognitive 
task. 
(5) An artificial system designed to act ration-
ally, including an intelligent software agent or em-
bodied robot that achieves goals using perception, 
planning, reasoning, learning, communicating, deci-
sion-making, and acting.
685 
SEC. 1050B. EXPANSION OF DEFINITION OF COVERED FA-
CILITY OR ASSET FOR PURPOSES OF PRO-
TECTION FROM UNMANNED AIRCRAFT. 
Section 130i(j)(3)(C) of title 10, United States Code, 
is amended— 
(1) in clause (viii), by striking ‘‘or’’ at the end; 
(2) in clause (ix), by striking the period and in-
serting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(x) mobility airlift.’’. 
Subtitle F—Studies and Reports 
SEC. 1051. ADDITIONAL MATTER FOR INCLUSION IN AN-
NUAL REPORT ON CIVILIAN CASUALTIES IN 
CONNECTION WITH UNITED STATES MILI-
TARY OPERATIONS. 
Section 1057(b)(2) of the National Defense Author-
ization Act for Fiscal Year 2018 (Public Law 115–91) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(F) A description of any ex gratia pay-
ments made in connection with such casual-
ties.’’.
686 
SEC. 1052. DEPARTMENT OF DEFENSE REVIEW AND AS-
SESSMENT ON ADVANCES, OPPORTUNITIES, 
AND RISKS RELATED TO ARTIFICIAL INTEL-
LIGENCE AND MACHINE LEARNING. 
(a) REVIEW REQUIRED.—The Secretary of Defense, 
acting through the Defense Innovation Board and the 
Under Secretary of Defense for Research and Engineer-
ing, shall carry out a review and assessment of the ad-
vances in artificial intelligence, related machine learning 
developments, and associated technologies for military ap-
plications. In carrying out such review, the Secretary shall 
consider the methods and means necessary to advance the 
development of artificial intelligence, machine learning, 
and associated technologies within the Department of De-
fense to comprehensively address the national security 
needs and requirements of the Department of Defense. 
(b) SCOPE OF REVIEW.—In conducting the review 
under paragraph (a) the Secretary of Defense shall con-
sider— 
(1) the competitiveness of the Department of 
Defense in artificial intelligence, machine learning, 
and other associated technologies, including matters 
pertaining to public-private partnerships and invest-
ments; 
(2) means and methods for the Department of 
Defense to maintain a technological advantage in ar-
687 
tificial intelligence, machine learning, and other as-
sociated technologies, including quantum sciences, 
distributed ledger technologies, and high perform-
ance computing; 
(3) means by which the Department of Defense 
can help foster greater emphasis and investments in 
basic and advanced research to stimulate private, 
public, academic, and combined initiatives in artifi-
cial intelligence, machine learning, and other associ-
ated technologies, including quantum sciences, dis-
tributed ledger technologies, and high performance 
computing; 
(4) Department of Defense workforce and edu-
cation initiatives to attract and recruit leading talent 
in artificial intelligence and machine learning, in-
cluding science, technology, engineering, and math 
programs; 
(5) means by which the Department of Defense 
may establish data standards and provide incentives 
for the sharing of open training data; and 
(6) any other matters the Secretary of Defense 
determines relevant with respect to the approach of 
the Department of Defense to artificial intelligence 
and machine learning. 
(c) REPORTS.—
688 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees an initial report on the findings 
of the review required under subsection (a) and such 
recommendations as the Secretary may have for leg-
islative action related to artificial intelligence, ma-
chine learning, and associated technologies, includ-
ing recommendations to more effectively fund and 
organize the Department of Defense. 
(2) COMPREHENSIVE REPORT.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the con-
gressional defense committees a comprehensive re-
port on the review required under subsection (a). 
(d) DEFINITION OF ARTIFICIAL INTELLIGENCE.—In 
this section, the term ‘‘artificial intelligence’’ includes each 
of the following: 
(1) Any artificial system that performs tasks 
under varying and unpredictable circumstances with-
out significant human oversight, or that can learn 
from experience and improve performance when ex-
posed to data sets. 
(2) An artificial system developed in computer 
software, physical hardware, or other context that
689 
solves tasks requiring human-like perception, cog-
nition, planning, learning, communication, or phys-
ical action. 
(3) An artificial system designed to think or act 
like a human, including cognitive architectures and 
neural networks. 
(4) A set of techniques, including machine 
learning, that is designed to approximate a cognitive 
task. 
(5) An artificial system designed to act ration-
ally, including an intelligent software agent or em-
bodied robot that achieves goals using perception, 
planning, reasoning, learning, communicating, deci-
sionmaking, and acting. 
SEC. 1053. REPORT ON JOINT ENTERPRISE DEFENSE IN-
FRASTRUCTURE. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the Joint Enterprise Defense Infrastructure. Such 
report shall include each of the following: 
(1) Information relating to the current composi-
tion of the Cloud Executive Steering Group and its 
mission, objectives, goals, and strategy. 
(2) A description of the characteristics and con-
siderations for accelerating the cloud architecture
690 
and services required for a global, resilient, and se-
cure information environment to enable warfighting 
and mission command, as validated by the Joint Re-
quirements Oversight Council for the Joint Enter-
prise Defense Infrastructure. 
(3) Information relating to the approved acqui-
sition strategy and timeline for the Joint Enterprise 
Defense Infrastructure, including estimated migra-
tion costs and timelines. 
(4) A description of how the approved acquisi-
tion strategy referred to in paragraph (3) provides 
for a full and open competition, enables the Depart-
ment of Defense to continuously leverage and ac-
quire new cloud computing capabilities, maintains 
the ability of the Department to leverage other cloud 
computing vendor products and services, incor-
porates elements to maintain security, and provides 
for the best performance, cost, and schedule to meet 
the cloud architecture and services requirements of 
the Department for the duration of such contract. 
(5) A description of the associated Joint Enter-
prise Defense Infrastructure program office, includ-
ing number of personnel, overhead cost, and organi-
zational structure.
691 
(6) A description of the effect of the Joint En-
terprise Defense Infrastructure on and the relation-
ship of such Infrastructure to existing cloud com-
puting infrastructure, platform, and service con-
tracts across the Department of Defense, specifically 
the effect and relationship to the private cloud infra-
structure of the Department, MilCloud 2.0 run by 
the Defense Information Systems Agency. 
(7) Information relating to the most recent De-
partment of Defense Cloud Computing Strategy and 
description of any initiatives to update such Strat-
egy. 
(8) Information relating to Department of De-
fense guidance pertaining to cloud computing capa-
bility or platform acquisition and standards, and a 
description of any initiatives to update such guid-
ance. 
(9) Any other matters the Secretary of Defense 
determines relevant. 
(b) LIMITATION
ON
USE
OF
FUNDS.—Of the 
amounts authorized to be appropriated or otherwise made 
available by this Act for fiscal year 2019 for acquisition 
of services or associated program office support for the 
Joint Enterprise Defense Infrastructure of the enterprise- 
wide Cloud Executive Steering Group, not more than 50
692 
percent may be obligated or expended until the Secretary 
of Defense submits to the congressional defense commit-
tees the report required by subsection (a). 
SEC. 1054. REPORT ON PROPOSED CONSOLIDATION OF DE-
PARTMENT OF DEFENSE GLOBAL MESSAGING 
AND COUNTER MESSAGING CAPABILITIES. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the proposed consolidation of the global messaging 
and counter messaging (GMCM) capabilities of the De-
partment of Defense. Such report shall include each of the 
following: 
(1) The justification of the Secretary for the 
proposed consolidation of such capabilities. 
(2) The justification of the Secretary for the 
proposed designation of the United States Special 
Operations Command as the entity responsible for 
establishing the centralized GMCM capability. 
(3) A description of the proposed roles and re-
sponsibilities of the United States Special Oper-
ations Command as such entity. 
(4) A description of the roles and responsibil-
ities of the combatant commanders regarding the 
operational use of the GMCM capability.
693 
(5) The effect of the proposed consolidation of 
such capabilities on existing GMCM contracts and 
capabilities. 
(6) An implementation plan that includes a de-
tailed description of the resources and other require-
ments required for the United States Special Oper-
ations Command to establish the centralized GMCM 
capability for the period covered by the current fu-
ture year’s defense program. 
(7) A comprehensive plan for the continual as-
sessment of the effectiveness of the GMCM activities 
and programs. 
(8) An identification of the anticipated effi-
ciencies, cost savings, and operational benefits asso-
ciated with the consolidation of the GMCM capabili-
ties. 
(9) A description of any actions, activities, and 
efforts taken to implement section 1637 of the Na-
tional Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91). 
(b) LIMITATION ON USE OF FUNDS.—Not more than 
50 percent of the amounts authorized to be appropriated 
by this Act or otherwise made available for fiscal year 
2019 for the Commander of the United States Special Op-
erations Command for global messaging and counter mes-
694 
saging may be obligated or expended before the date that 
is 30 days after the date on which the Secretary submits 
the report required by subsection (a). 
SEC. 
1055. 
COMPREHENSIVE 
REVIEW 
OF 
PROFES-
SIONALISM AND ETHICS PROGRAMS FOR 
SPECIAL OPERATIONS FORCES. 
(a) REVIEW REQUIRED.—The Secretary of Defense, 
in coordination with the Secretaries of each of the military 
departments, shall conduct a comprehensive review of the 
ethics and professionalism programs of the United States 
Special Operations Command and of the military depart-
ments for officers and other military personnel serving in 
special operations forces. 
(b) ELEMENTS OF THE REVIEW.—The review con-
ducted under subsection (a) shall specifically include a de-
scription and assessment of each of the following: 
(1) The culture of professionalism and ethics of 
the United States Special Operations Command and 
affiliated component commands. 
(2) The ethics and professionalism programs of 
the military departments available for special oper-
ations forces. 
(3) The ethics and professionalism programs of 
the United States Special Operations Command and 
affiliated component commands.
695 
(4) The roles and responsibilities of the military 
departments and the United States Special Oper-
ations Command and affiliated component com-
mands in administering, overseeing, managing, and 
ensuring compliance and participation of special op-
erations forces in ethics and professionalism pro-
grams, including an identification of— 
(A) gaps in the administration, oversight, 
and management of such programs and in en-
suring the compliance and participation in such 
programs; and 
(B) additional guidance that may be re-
quired for a systematic, integrated approach in 
administering, overseeing, and managing such 
programs and in ensuring compliance with and 
participation in such programs in order to ad-
dress issues and improve ethical culture and 
professionalism. 
(5) The management and oversight framework 
in place that is designed to ensure that all ethics 
and professionalism programs available to special 
operations forces meet Department standards. 
(6) Tools and metrics for identifying and as-
sessing individual and organizational ethics and pro-
696 
fessionalism issues with respect to special operations 
forces. 
(7) Tools and metrics for assessing the effec-
tiveness of existing ethics and professionalism pro-
grams in improving or addressing individual and or-
ganizational ethics-related and professionalism issues 
with respect to special operations forces. 
(8) Additional programs or actions that may be 
required to address or improve individual and orga-
nizational ethics and professionalism issues with re-
spect to special operations forces. 
(9) Actions to improve the oversight and ac-
countability by senior leaders of ethics and profes-
sionalism-related issues with respect to special oper-
ations forces. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘ethics program’’ means a pro-
gram that includes— 
(A) compliance-based ethics training, edu-
cation, initiative, or other activity that focuses 
on adherence to rules and regulations; and 
(B) values-based ethics training, education, 
initiative, or other activity that focuses on up-
holding a set of ethical principles in order to 
achieve high standards of conduct and incor-
697 
porate guiding principles to help foster an eth-
ical culture and inform decision-making where 
rules are not clear. 
(2) The term ‘‘professionalism program’’ means 
a program that includes training, education, initia-
tive, or other activity that focuses on values, ethics, 
standards, code of conduct, and skills as related to 
the military profession. 
(d) SUBMITTAL OF REVIEW.—The Secretary of De-
fense shall submit the review required by subsection (a) 
to the Committees on Armed Services of the Senate and 
the House of Representatives by not later than March 1, 
2019. 
SEC. 1056. MUNITIONS ASSESSMENTS AND FUTURE-YEARS 
DEFENSE PROGRAM REQUIREMENTS. 
(a) REQUIRED REPORTS.—Not later than March 1, 
2019, and annually thereafter, the Under Secretary of De-
fense for Acquisition and Sustainment, in consultation 
with the Chairman of the Joint Chiefs of Staff shall sub-
mit to the congressional defense committees each of the 
following: 
(1) The most current munitions assessments, as 
defined by Department of Defense Instruction Num-
ber 3000.04, relating to the Department of Defense 
munitions requirements process.
698 
(2) The most current sufficiency assessments, 
as defined by such Department of Defense Instruc-
tion. 
(3) The most current approved memorandum of 
the Joint Requirements Oversight Council resulting 
from the munitions requirements process. 
(4) The planned funding and munitions require-
ments required for the first fiscal year beginning 
after the date of the submittal of the report and 
across the future-years defense program for muni-
tions across all military departments and the Missile 
Defense Agency. 
(5) The planned foreign military sales and for-
eign military financing orders for United States mu-
nitions across the future-years defense program. 
(b) SUNSET.—The requirement to submit reports 
and assessments under this section shall terminate on De-
cember 31, 2021. 
(c) SUPPLY CHAIN ASSESSMENTS.—Beginning in fis-
cal year 2020, the Under Secretary shall evaluate supply 
chain risks, including qualified supplier shortages and sin-
gle source supplier vulnerabilities for munitions produc-
tion. The Under Secretary shall include in the reports re-
quired under subsection (a) for fiscal year 2020 and any 
subsequent fiscal year for which such reports are required
699 
to be submitted, a list of munitions that are at risk of 
production impacts from the loss of qualified suppliers. 
SEC. 1057. REPORT ON ESTABLISHMENT OF ARMY FUTURES 
COMMAND. 
(a) REPORT REQUIRED.—Not later than February 1, 
2019, the Secretary of the Army shall submit to the con-
gressional defense committees a report on the Army’s plan 
for the establishment of Army Futures Command. 
(b) CONTENTS OF REPORT.—The report required by 
subsection (a) shall include each of the following: 
(1) A description of the mission of Army Fu-
tures Command. 
(2) A description of the authorities and respon-
sibilities of the Commander of Army Futures Com-
mand. 
(3) A description of the relationship between 
such authorities and the authorities of the Army Ac-
quisition Authority and a description of any changes 
to be made to the authorities and missions of other 
Army major commands. 
(4) A detailed description of the structure for 
Army Futures Command, including grade require-
ments. 
(5) A detailed description of any resources or 
elements to be realigned from the Army Training
700 
and Doctrine Command, Army Materiel Command, 
Army Force Command, or Army Test and Evalua-
tion Command to Army Futures Command. 
(6) An assessment of the number and location 
of members of the Armed Forces and Department of 
Defense civilian personnel expected to be assigned to 
Army Futures Command. 
(7) A cost estimate for the establishment of 
Army Futures Command in fiscal year 2019 and 
projected costs for each of fiscal years 2020 through 
2023. 
(8) A description of the headquarters stationing 
selection criteria and methodology 
(9) Any other information relating to the com-
mand, as determined by the Secretary. 
SEC. 1058. ASSESSMENT OF DEPARTMENT OF DEFENSE 
ELECTROMAGNETIC 
SPECTRUM 
WARFARE 
ENTERPRISE. 
(a) PLAN REQUIRED.—The Secretary of Defense, in 
consultation with the Chairman of the Joint Chiefs of 
Staff, shall develop a plan, and the estimated cost and 
schedule of implementing the plan, to conduct joint cam-
paign modeling and wargaming for joint electromagnetic 
spectrum operations. Such plan shall include each of the 
following:
701 
(1) The capabilities and capacity, and the asso-
ciated governance and command and control archi-
tecture design, required to effectively employ mili-
tary forces designated to conduct multi-domain elec-
tromagnetic spectrum operations of the Department 
of Defense. 
(2) The fiscal and manpower resources required 
to carry out paragraph (1) and to inform the budget 
requests of the Department of Defense. 
(3) The sufficiency of experimentation, testing, 
and training infrastructure, ranges, instrumentation, 
and threat simulators required to support the devel-
opment of electromagnetic spectrum capabilities. 
(4) The sufficiency and overall effectiveness of 
electromagnetic spectrum operations to inform joint 
adaptive planning activities. 
(5) All level 3 and level 4 contingency plans (as 
such plans are described in Joint Publication 5-0 of 
the Joint Chiefs of Staff, entitled ‘‘Joint Planning’’ 
and dated June 16, 2017). 
(b) REPORT.— 
(1) IN GENERAL.—Not later than February 18, 
2019, the Secretary of Defense shall submit to the 
congressional defense committees a report on the 
plan developed under subsection (a).
702 
(2) FORM OF REPORT.—The report required by 
paragraph (1) shall be submitted in unclassified 
form, but may include a classified annex. 
(c) ANNUAL BRIEFINGS.— 
(1) IN GENERAL.—Not later than February 5, 
2019, and annually thereafter for each of the next 
five subsequent years, the Secretary of Defense, in 
coordination with the Chairman of the Joint Chiefs 
of Staff, shall provide to the Committee on Armed 
Services of the House of Representatives a briefing 
on the joint electromagnetic spectrum operations of 
the Department of Defense. Such briefing shall in-
clude each of the following: 
(A) An update on the governance, organi-
zational structure, and activities of the Elec-
tronic Warfare Executive Committee of the De-
partment of Defense, as established by memo-
randum of the Deputy Secretary of Defense on 
March 17, 2015. 
(B) An assessment of the progress in 
achieving the goals and objectives described 
in— 
(i) the current strategy for the elec-
tromagnetic spectrum warfare enterprise 
issued by the Executive Committee; and
703 
(ii) Department of Defense Directive 
3222.04, dated May 10, 2017. 
(C) An assessment of the current readi-
ness, sufficiency, unity of effort, and mod-
ernization of the joint military services with re-
spect to joint electromagnetic spectrum capa-
bilities and the ability of the joint military serv-
ices to train and employ effectively in an elec-
tromagnetic spectrum warfare operational envi-
ronment for all level 3 and level 4 contingency 
plans (as such plans are described in Joint 
Publication 5-0 of the Joint Chiefs of Staff, en-
titled ‘‘Joint Planning’’ and dated June 16, 
2017). 
(D) The same information as is required to 
be submitted under section 1053(b) of the Na-
tional Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 
2459). 
(2) FORM
OF
BRIEFING.—Each briefing re-
quired by paragraph (1) shall be unclassified, but 
may include a classified presentation. 
(d) ONE-TIME BRIEFING.— 
(1) IN GENERAL.—Not later than February 25, 
2019, the Secretary of Defense, in coordination with
704 
the Chairman of the Joint Chiefs of Staff, shall pro-
vide to the Committee on Armed Services of the 
House of Representatives a briefing on the joint 
electromagnetic spectrum operations of the Depart-
ment of Defense. Such briefing shall include each of 
the following: 
(A) An update on the progress of the De-
partment in implementing the pilot program au-
thorized by section 234 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public 
Law 114-328; 10 U.S.C. 113 note). 
(B) The progress of the Department in es-
tablishing and operationalizing joint electro-
magnetic spectrum operations cells at battle- 
management and command and control loca-
tions of the combatant commanders and des-
ignated joint task force commanders. 
(C) The progress of the Department in es-
tablishing a network to connect an electro-
magnetic battle management system to multiple 
sensor and intelligence data feeds to implement 
electronic 
warfare 
battle 
management 
for 
networked electronic warfare and dynamic re-
programming with automated near real-time ca-
pabilities.
705 
(D) The number of personnel assigned to 
joint electromagnetic spectrum operations mis-
sion activities, to include officers, enlisted mem-
bers, and civilian personnel, set forth separately 
by career field designator and rank for each 
military service, combatant command, and de-
fense agency. 
(E) A comparison of commissioned officer 
promotion rates among the personnel described 
in paragraph (d), by grade, compared to the av-
erage promotion rates for commissioned offi-
cers, by grade, in each military service, over the 
five most recent promotion cycles that have 
been completed since the end of fiscal year 
2018. 
(F) An assessment of Department of De-
fense governance, organizational alignment, 
human capital, and other applicable resources 
responsible for the development, management, 
and implementation of joint electromagnetic 
spectrum policy, doctrine, concepts, require-
ments, capabilities, and operational activities. 
(2) FORM OF BRIEFING.—The briefing required 
by paragraph (1) shall be unclassified, but may in-
clude a classified presentation.
706 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘electromagnetic battle manage-
ment’’ means the dynamic monitoring, assessing, 
planning, and directing of joint electromagnetic 
spectrum operations in support of a military com-
mander’s scheme of maneuver. 
(2) The term ‘‘joint electromagnetic spectrum 
operations’’ means those activities consisting of elec-
tronic warfare and joint electromagnetic spectrum 
management operations used to exploit, attack, pro-
tect, and manage the electromagnetic operational en-
vironment to achieve a military commander’s objec-
tives. 
SEC. 1059. REPORT ON SUPPORT FOR NON-CONTIGUOUS 
STATES AND TERRITORIES IN THE EVENT OF 
THREATS AND INCIDENTS. 
(a) REPORT REQUIRED.—Not later than February 1, 
2019, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the preparedness of the De-
partment of Defense in providing support to non-contig-
uous States and territories in he aftermath of a natural 
or manmade incident that warrants the Department to as-
sist the State and civil entities with the protection of life 
and to provide emergency work.
707 
(b) CONTENTS OF REPORT.—For purposes of the re-
port under subsection (a)— 
(1) the support covered by the report may in-
clude support provided under section 403(c) of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170b(c)); and 
(2) the incidents covered by the report shall in-
clude natural disasters, acts of terrorism, and indus-
trial accidents. 
(c) FORM OF REPORT.—The report required by sub-
section (a) shall be submitted in unclassified form, but 
may contain a classified annex. 
SEC. 1060. REPORT ON LOW-BOOM FLIGHT DEMONSTRA-
TION. 
Not later than 90 days after the date of the enact-
ment of this Act, the Administrator of the National Aero-
nautics and Space Administration shall submit to the 
Committee on Science, Space, and Technology of the 
House of Representatives a report describing the progress 
in development of the Low-Boom Flight Demonstration, 
including— 
(1) the plans of the Administrator to coordinate 
with other executive agencies to ensure the avail-
ability of developmental and operational testing in-
708 
frastructure for low-boom flight demonstrations by 
2021; and 
(2) the strategy of the Administration to ac-
quire chase aircrafts to ensure the availability of 
such aircrafts for such demonstrations. 
SEC. 1061. REPORT ON CYBER-ENABLED INFORMATION OP-
ERATIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the President shall transmit to the Com-
mittees on Armed Services and Foreign Affairs of the 
House of Representative and the Committees on Armed 
Services and Foreign Relations of the Senate a report on 
the effects of cyber-enabled information operations on the 
national security of the United States. Such report shall 
include each of the following: 
(1) A summary of actions taken by the Federal 
Government to protect the national security of the 
United States against cyber-enabled information op-
erations. 
(2) A description of the resources necessary to 
protect the national security of the United States 
against cyber-enabled information operations by for-
eign adversaries.
709 
SEC. 1062. BRIEFING ON UNMANNED AIRCRAFT IN ARLING-
TON NATIONAL CEMETERY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Administrator of the Federal Aviation Ad-
ministration and the Secretary of Defense should coordi-
nate to— 
(1) prevent the flight of unmanned aircraft over 
Arlington National Cemetery, to the maximum 
amount practical, in order to preserve the sacred at-
mosphere of the cemetery as a national shrine; and 
(2) restrict all flights of unmanned aircraft over 
Arlington National Cemetery during the execution of 
funeral services, except in emergency situations, the 
execution of national security operations, and un-
manned aircraft flown at the request of the family 
participating in funeral services. 
(b) BRIEFING.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Administrator of the Federal Aviation Administration 
shall jointly provide to the Committees on Armed Services, 
Transportation and Infrastructure, and Veterans’ Affairs 
of the House of Representatives and the Committees on 
Armed Services, Commerce, Science, and Transportation, 
and Veterans’ Affairs of the Senate a briefing on whether 
legislative action is required to prevent low flying un-
710 
manned aircraft from disrupting funerals at Arlington Na-
tional Cemetery. 
(c) UNMANNED AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘unmanned aircraft’’ has the meaning given 
such term in section 331 of the FAA Modernization and 
Reform Act of 2012 (Public Law 112–95). 
SEC. 1063. REPORT ON AN UPDATED ARCTIC STRATEGY. 
(a) REPORT ON AN UPDATED STRATEGY.—Not later 
than June 1, 2019, the Secretary of Defense, in consulta-
tion with the Secretary of the Department in which the 
Coast Guard is operating with respect to Coast Guard op-
erations and navigation issues, shall submit to the con-
gressional defense committees a report on an updated Arc-
tic Strategy to improve and enhance joint operations. The 
report shall also include an assessment of Russia’s aggres-
sive buildup of military assets and infrastructure in the 
Arctic, as well as China’s efforts to influence Arctic policy. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) A description of a joint Arctic strategy for 
sea operations, including all military and Coast 
Guard vessels available for Arctic operations. 
(2) A description of a joint Arctic strategy for 
air operations, which will include all rotor and fixed
711 
wing military aircraft platforms available for Arctic 
operations. 
(3) A description of a joint Arctic strategy for 
ground operations, which will include all military 
ground forces available for Arctic operations. 
(4) An assessment of Russia’s continued ag-
gressive buildup of military assets and infrastructure 
in the Arctic. 
(5) An assessment of China’s efforts to influ-
ence global Arctic policy. 
SEC. 1064. REPORT ON DESALINIZATION TECHNOLOGY. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to the congressional defense committees a report on desa-
linization technology’s application for defense and national 
security purposes to provide drought relief to areas im-
pacted by sharp declines in water resources. 
SEC. 
1065. 
REPORT 
ON 
IMPLEMENTATION 
OF 
REC-
OMMENDATIONS 
IN 
DEFENSE 
BUSINESS 
BOARD STUDY. 
(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 congressional defense com-
mittees a report on the efforts of the Secretary to imple-
ment the recommendations set forth in the study con-
712 
ducted by the Defense Business Board titled ‘‘Trans-
forming Department of Defense’s Core Business Processes 
for Revolutionary Change’’. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include— 
(1) a description of the actions carried out by 
the Secretary of Defense to implement the rec-
ommendations set forth in the study described in 
subsection (a); 
(2) identification of the specific recommenda-
tions, if any, that have been implemented by the 
Secretary; 
(3) the amount of any cost savings achieved as 
a result of implementing such recommendations; 
(4) identification of any recommendations that 
have not been implemented; and 
(5) alternative recommendations to transform 
core business processes that would help the Depart-
ment of Defense to achieve cost savings. 
Subtitle G—Other Matters 
SEC. 1071. TECHNICAL, CONFORMING, AND CLERICAL 
AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows:
713 
(1) Sections 130j and 130k, as added by sec-
tion 1631 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1736), are amended by striking ‘‘section 3093 of 
title 50, United States Code’’ both places it appears 
and inserting ‘‘section 503 of the National Security 
Act of 1947 (50 U.S.C. 3093)’’. 
(2) The table of sections at the beginning of 
chapter 3 is amended by striking the items relating 
to sections 130j and 130k and inserting the fol-
lowing new items: 
‘‘130j. Notification requirements for sensitive military cyber operations. 
‘‘130k. Notification requirements for cyber weapons.’’. 
(3) Section 131(b)(9), as amended by section 
811, is further amended— 
(A) by striking subparagraphs (B), (C), 
and (D); and 
(B) by redesignating subparagraphs (E), 
(F), (G), and (H), as subparagraphs (B), (C), 
(D), and (E), respectively. 
(4) The table of sections at the beginning of 
chapter 4 is amended by striking the item relating 
to section 261 and inserting the following: 
‘‘241. Reference to chapters 1003, 1005, and 1007.’’. 
(5) Section 494(b)(2) is amended in the matter 
preceding subparagraph (A) by striking ‘‘March 1,
714 
2012, and annually thereafter’’ and inserting 
‘‘March 1 of each year’’. 
(6) Section 495(a) is amended by striking ‘‘Be-
ginning in fiscal year 2013, the’’ and inserting 
‘‘The’’. 
(7) Section 499a(d), as added by section 
1652(a) of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1757), is amended by striking ‘‘on or after the date 
of the enactment of this section’’ and inserting 
‘‘after December 11, 2017,’’. 
(8) Section 637a(d) is amended by striking 
‘‘specialities’’ and inserting ‘‘specialties’’. 
(9) Section 664(d)(1) is amended by striking 
‘‘the the’’ and inserting ‘‘the’’. 
(10) The table of subchapters at the beginning 
of chapter 47A is amended by striking the item re-
lating to subchapter VII and inserting the following: 
‘‘VII. POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS’’. 
(11) The table of sections at the beginning of 
subchapter VII of chapter 47A is amended by strik-
ing the item relating to section 950g and inserting 
the following: 
‘‘950g. Review by United States Court of Appeals for the District of Columbia 
Circuit; writ of certiorari to Supreme Court.’’. 
(12) Section 950t is amended—
715 
(A) in paragraph (9), by striking ‘‘attack. 
or’’ and inserting ‘‘attack, or’’; 
(B) in paragraph (16), by striking ‘‘shall 
punished’’ and inserting ‘‘shall be punished’’; 
and 
(C) in paragraph (22), by adding a period 
at the end. 
(13) The table of sections at the beginning of 
chapter 55 is amended by striking the item relating 
to section 1077a and inserting the following: 
‘‘1077a. Access to military medical treatment facilities and other facilities.’’. 
(14) Section 1415(e) is amended by striking 
‘‘concerned’’. 
(15) Section 2006a(b)(3) is amended by strik-
ing ‘‘the such programs’’ and inserting ‘‘such pro-
grams’’. 
(16) Section 2279(c) is amended by striking 
‘‘subsection (a) and (b)’’ and inserting ‘‘subsections 
(a) and (b)’’. 
(17) Section 2279c, as added by section 
1601(a)(1) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1718), is amended— 
(A) in subsection (a)(3), by striking ‘‘ the 
date of the enactment of this Act’’ and insert-
ing ‘‘December 12, 2017’’; and
716 
(B) in subsection (b)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘ the date of the enact-
ment of this section’’ and inserting ‘‘De-
cember 12, 2017’’; and 
(ii) in paragraph (3), by striking ‘‘on 
or after the date that is one year after the 
date of the enactment of this section’’ and 
inserting ‘‘after December 11, 2018’’. 
(18)(A) The second section 2279c, as added by 
section 1602 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1721), is redesignated as section 2279d. 
(B) The table of sections at the beginning of 
chapter 135 is amended by inserting after the item 
relating to section 2279c the following new item: 
‘‘2279d. Limitation on construction on United States territory of satellite posi-
tioning ground monitoring stations of certain foreign govern-
ments.’’. 
(19) Section 2313b(b)(1)(E), as added by sec-
tion 803(a) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1452), is amended by redesignating clauses 
(A) and (B) as clauses (i) and (ii), respectively. 
(20) Section 2324(e)(1) is amended by redesig-
nating the second subparagraph (P) and subpara-
717 
graph (Q) as subparagraphs (Q) and (R), respec-
tively. 
(21) Section 2337a(d), as added by section 
836(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1473), is amended by striking ‘‘title 10, United 
States Code’’ and inserting ‘‘this title’’. 
(22) Section 2374a(e) is amended by striking 
‘‘,,’’ and inserting ‘‘,’’. 
(23) The table of sections at the beginning of 
chapter 141 is amended by striking the item relating 
to section 2410s and inserting the following new 
item: 
‘‘2410s. Security clearances for facilities of certain companies.’’. 
(24) The heading of section 2410s is amended 
by striking the period at the end. 
(25)(A) The heading of section 2414, as 
amended by section 817(1) of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 
115–91; 131 Stat. 1462), is amended to read as fol-
lows: 
‘‘§ 2414. Funding’’. 
(B) The item relating to such section in 
the table of sections at the beginning of chapter 
142 is amended to read as follows: 
‘‘2414. Funding.’’.
718 
(26) Section 2613(g) is amended by striking 
‘‘(1)’’. 
(27) Section 2679(a)(1) is amended by striking 
‘‘Federal government’’ and inserting ‘‘Federal Gov-
ernment’’. 
(28) The heading of section 2691, as amended 
by section 2814(b)(1) of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 
115–91), is amended to read as follows: 
‘‘§ 2691. Restoration of land used by permit or dam-
aged by mishap; reimbursement of state 
costs of fighting wildland fires’’. 
(29) Section 2879(a)(2)(A), as added by section 
2817(a)(1) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91), is 
amended by striking ‘‘on or after the date of the en-
actment of this section’’ and inserting ‘‘after Decem-
ber 11, 2017,’’. 
(30) The heading of section 2914 is amended to 
read as follows: 
‘‘§ 2914. Energy resilience and conservation construc-
tion projects’’. 
(31) Section 10504 is amended— 
(A) in subsection (a), by striking ‘‘The 
Chief’’ and inserting ‘‘(1) The Chief’’; and
719 
(B) by redesignating the second subsection 
(b) as subsection (c). 
(b) TITLE 32, UNITED STATES CODE.—Title 32, 
United States Code, is amended in section 902, by striking 
‘‘the Secretary, determines’’ and inserting ‘‘the Secretary 
determines’’. 
(c) NDAA FOR FISCAL YEAR 2018.—Effective as of 
December 12, 2017, and as if included therein as enacted, 
the National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 131 Stat. ll et seq.) is 
amended as follows: 
(1) Section 834(a)(2) (131 Stat. 1470) is 
amended by striking ‘‘subchapter I of’’. 
(2) Section 913(b) is amended by striking the 
dash after the colon in the matter preceding para-
graph (1). 
(3) Section 1051(d)) is amended by inserting 
‘‘National’’ before ‘‘Defense Authorization Act’’. 
(4) Section 1691(i) is amended— 
(A) by inserting ‘‘the’’ after ‘‘Title XIV 
of’’; and 
(B) by inserting ‘‘as enacted into law by’’ 
before ‘‘Public Law 106–398’’.
720 
(5) Section 2817(a)(2) is amended by striking 
‘‘table of sections for’’ and inserting ‘‘table of sec-
tions at the beginning of subchapter IV of’’. 
(6) Section 2831(b) is amended by inserting ‘‘of 
title 10, United States Code,’’ after ‘‘chapter 173’’. 
(7) Section 2876(d) is amended— 
(A) by inserting ‘‘In this section:’’ after 
‘‘DEFINITIONS.—’’; and 
(B) in paragraph (1)(A), in the matter 
preceding clause (i), by inserting open quotation 
marks before ‘‘beneficial’’ and close quotation 
marks after ‘‘owner’’. 
(e) OTHER NDAAS.— 
(1) FY2016.—Section 828(c) of the National 
Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 10 U.S.C. 2430 note), as 
added by section 825(a)(4) of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 
115–91; 131 Stat. 1466), is amended by inserting 
‘‘subsection’’ before ‘‘(b)’’. 
(2) FY2001.—Section 821(e) of the Floyd D. 
Spence National Defense Authorization Act for Fis-
cal Year 2001 (as enacted into law by Public Law 
106–398; 10 U.S.C. 2302 note) is amended by strik-
ing paragraph (2).
721 
(f) OTHER LAWS.— 
(1) TITLE
31.—Paragraph (1) of section 
5112(p) of title 31, United States Code, as amended 
by section 885 of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 
131 Stat. 1505), is amended by striking ‘‘, United 
States Code’’ each place it appears. 
(2) TITLE 49.—Subsection (h) of section 44718 
of title 49, United States Code, as amended and re-
designated by sections 311(b)(3) and 311(e)(1) of 
the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91), is amended— 
(A) in paragraph (1), by striking ‘‘section 
183a(g) of title 10’’ and inserting ‘‘section 
183a(h)(1) of title 10’’; and 
(B) in paragraph (2), by striking ‘‘section 
183a(g) of title 10’’ and inserting ‘‘section 
183a(h)(7) of title 10’’. 
(3) ATOMIC
ENERGY
DEFENSE
ACT.—Section 
4309(c) of the Atomic Energy Defense Act (50 
U.S.C. 2575(c)) is amended by redesignating para-
graphs (17) and (18) as paragraphs (16) and (17), 
respectively.
722 
(g) CONFORMING AMENDMENTS RELATING TO THE 
CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF 
DEFENSE.— 
(1) CONFORMING AMENDMENTS.— 
(A) Each of the following provisions law is 
amended by striking ‘‘Deputy Chief Manage-
ment Officer’’ each place it appears and insert-
ing ‘‘Chief Management Officer’’: 
(i) Section 192(e)(2) of title 10, 
United States Code. 
(ii) Section 2222 of title 10, United 
States Code. 
(iii) Section 11319(d)(4) of title 40, 
United States Code. 
(iv) Section 881(a) of the National 
Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 2302 
note). 
(v) Section 217 of the National De-
fense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 10 U.S.C. 
2445a note). 
(B) Section 131(b) of title 10, United 
States Code, as amended by subsection (a)(3) 
of this section, is further amended—
723 
(i) by striking paragraph (4); and 
(ii) by redesignating paragraphs (5) 
through (10) as paragraphs (4) through 
(9), respectively. 
(C) Section 137a(d) of title 10, United 
States Code, is amended— 
(i) by striking ‘‘the Secretaries of the 
military departments,’’ and inserting ‘‘the 
Chief Management Officer of the Depart-
ment of Defense, the Secretaries of the 
military departments, and’’; and 
(ii) by striking ‘‘, and the Deputy 
Chief Management Officer of the Depart-
ment of Defense’’. 
(D) Section 138(d) of title 10, United 
States Code, is amended— 
(i) by inserting ‘‘the Chief Manage-
ment Officer of the Department of De-
fense,’’ after ‘‘the Deputy Secretary of De-
fense,’’; and 
(ii) by striking ‘‘ the Deputy Chief 
Management Officer of the Department of 
Defense,’’. 
(E) Section 904(b)(4) the National De-
fense Authorization Act for Fiscal Year 2008
724 
(Public Law 110–181; 10 U.S.C. 132 note.) is 
amended— 
(i) by striking ‘‘and Deputy Chief 
Management Officer’’and 
(ii) by striking ‘‘as is necessary to as-
sist those officials in the performance of 
their duties’’ and inserting ‘‘as is necessary 
to assist the Chief Management Officer in 
the performance of the duties assigned to 
such official’’. 
(F) Section 5314 of title 5, United States 
Code, is amended by striking ‘‘Deputy Chief 
Management Officer of the Department of De-
fense.’’. 
(2) REFERENCES.— 
(A) IN
LAW
OR
REGULATION.—Any ref-
erence in a law (other than this Act) or regula-
tion in effect on the day before the date of the 
enactment of this Act to the Deputy Chief Man-
agement Officer of the Department of Defense 
is deemed to be a reference to the Chief Man-
agement Officer of the Department of Defense. 
(B) IN OTHER DOCUMENTS, PAPERS, OR 
RECORDS.—Any reference in a document, 
paper, or other record of the United States pre-
725 
pared before the date of the enactment of this 
Act to the Deputy Chief Management Officer of 
the Department of Defense is deemed to be a 
reference to the Chief Management Officer of 
the Department of Defense. 
(h) COORDINATION
WITH
OTHER
AMENDMENTS 
MADE BY THIS ACT.—For purposes of applying amend-
ments made by provisions of this Act other than this sec-
tion, the amendments made by this section shall be treated 
as having been enacted immediately before any such 
amendments by other provisions of this Act. 
SEC. 1072. PRINCIPAL ADVISOR ON COUNTERING WEAPONS 
OF MASS DESTRUCTION. 
(a) IN GENERAL.— 
(1) DESIGNATION
OF
PRINCIPAL
ADVISOR.— 
Chapter 4 of title 10, United States Code, is amend-
ed by adding at the end the following new section: 
‘‘§ 145. Principal Advisor on Countering Weapons of 
Mass Destruction 
‘‘(a) DESIGNATION.—The Secretary of Defense shall 
designate, from among the personnel of the Office of the 
Secretary of Defense, a Principal Advisor on Countering 
Weapons of Mass Destruction. Such Principal Advisor 
shall act as the principal advisor to the Secretary on the 
activities of the Department of Defense relating to coun-
726 
tering weapons of mass destruction. The individual des-
ignated to serve as such Principal Advisor shall be an indi-
vidual who was appointed to the position held by the indi-
vidual by and with the advice and consent of the Senate. 
‘‘(b) RESPONSIBILITIES.—The Principal Advisor des-
ignated under subsection (a) shall carry out the following 
responsibilities: 
‘‘(1) Supervising the activities of the Depart-
ment of Defense relating to countering weapons of 
mass destruction, including the oversight of policy 
and operational considerations, resources, personnel, 
acquisition, and technology. 
‘‘(2) Carrying out such other responsibilities re-
lating to countering weapons of mass destruction as 
the Secretary shall specify.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘145. Principal Advisor on Countering Weapons of Mass Destruction.’’. 
(b) OVERSIGHT PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a plan to streamline the oversight framework of 
the Office of the Secretary of Defense, including any effi-
ciencies and the potential to reduce, realign, or otherwise 
restructure current Assistant Secretary and Deputy As-
727 
sistant Secretary positions with responsibilities for over-
seeing countering weapons of mass destruction policy, pro-
grams, and activities. 
SEC. 1073. RECEIPT OF FIREARM OR AMMUNITION. 
(a) RECEIPT
OF FIREARM
OR AMMUNITION
BY 
SPOUSE OF MEMBER OF THE ARMED FORCES AT A DUTY 
STATION
OF
THE
MEMBER
OUTSIDE
THE
UNITED 
STATES.—Section 925(a)(3) of title 18, United States 
Code, is amended— 
(1) by inserting ‘‘, or to the spouse of such a 
member,’’ before ‘‘or to’’; 
(2) by striking ‘‘members,’’ and inserting 
‘‘members and spouses,’’; 
(3) by striking ‘‘members or’’ and inserting 
‘‘members, spouses, or’’; and 
(4) by striking ‘‘member or’’ and inserting 
‘‘member, spouse, or’’. 
(b) RESIDENCY OF SPOUSES OF MEMBERS OF THE 
ARMED FORCES
TO BE DETERMINED
ON
THE SAME 
BASIS AS THE RESIDENCY OF SUCH MEMBERS FOR PUR-
POSES OF FEDERAL FIREARMS LAWS.—Section 921(b) of 
title 18, United States Code, is amended to read as fol-
lows:
728 
‘‘(b) For purposes of this chapter, a member of the 
Armed Forces on active duty, or a spouse of such a mem-
ber, is a resident of— 
‘‘(1) the State in which the member or spouse 
maintains legal residence; 
‘‘(2) the State in which the permanent duty 
station of the member is located; and 
‘‘(3) the State in which the member maintains 
a place of abode from which the member commutes 
each day to the permanent duty station of the mem-
ber.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to conduct engaged in after the 
6-month period that begins on the date of the enactment 
of this Act. 
SEC. 1074. FEDERAL CHARTER FOR SPIRIT OF AMERICA. 
(a) FEDERAL CHARTER.—Part B of subtitle II of 
title 36, United States Code, is amended by inserting after 
chapter 2003 the following new chapter: 
‘‘CHAPTER 2005—SPIRIT OF AMERICA 
‘‘Sec. 
‘‘200501. Organization. 
‘‘200502. Purposes. 
‘‘200503. Governing body. 
‘‘200504. Powers. 
‘‘200505. Restrictions. 
‘‘200506. Records and inspection. 
‘‘200507. Duty to maintain tax-exempt status. 
‘‘200508. Quarterly report.
729 
‘‘§ 200501. Organization 
‘‘(a) FEDERAL CHARTER.—Spirit of America (in this 
chapter ‘the corporation’), a nonprofit corporation, is a 
federally chartered corporation. 
‘‘(b) EXPIRATION OF CHARTER.—If the corporation 
does not comply with the provisions of this chapter, the 
charter granted by this chapter expires. 
‘‘(c) SCOPE OF CHARTER.—Nothing in the charter 
granted by this chapter shall be construed as conferring 
special rights or privileges upon the corporation, or as 
placing upon the Department of Defense any obligation 
with respect to the corporation. 
‘‘§ 200502. Purposes 
‘‘The purposes of the corporation are as provided in 
its constitution and bylaws and include the following: 
‘‘(1) To respond to the needs of local popu-
lations abroad, as identified by members of the 
Armed Forces and diplomats of the United States 
abroad. 
‘‘(2) To connect the people of the United States 
more closely to the members of the Armed Forces 
and diplomats of the United States abroad, and to 
the missions carried out by such personnel abroad. 
‘‘(3) To demonstrate the goodwill of the people 
of the United States to peoples around the world.
730 
‘‘§ 200503. Governing body 
‘‘(a) BOARD OF DIRECTORS.— 
‘‘(1) The board of directors is the governing 
body of the corporation. The powers, duties, and re-
sponsibilities of the board are as provided in the 
constitution and bylaws of the corporation. 
‘‘(2) The number of directors is as provided in 
the constitution of the corporation. Their manner of 
selection (including the filling of vacancies) and their 
term of office are as provided in the constitution and 
bylaws. 
‘‘(b) OFFICERS.—(1) The officers of the corporation 
are a chairman of the board of directors, a president, one 
or more vice presidents as provided in the constitution and 
bylaws, a secretary, a treasurer, and one or more assistant 
secretaries and assistant treasurers as provided in the con-
stitution and bylaws. 
‘‘(2) The manner of election, term of office, and du-
ties of the officers are as provided in the constitution and 
bylaws. 
‘‘§ 200504. Powers 
‘‘The corporation may— 
‘‘(1) adopt and amend a constitution, by-laws, 
and regulations to carry out the purposes of the cor-
poration; 
‘‘(2) adopt and alter a corporate seal;
731 
‘‘(3) establish and maintain offices to conduct 
its activities; 
‘‘(4) enter into contracts; 
‘‘(5) acquire, own, lease, encumber, and trans-
fer property as necessary and appropriate to carry 
out the purposes of the corporation; 
‘‘(6) establish, regulate, and discontinue subor-
dinate State and territorial subdivisions and local 
chapters or posts; 
‘‘(7) publish a magazine and other publications 
(including through the Internet); 
‘‘(8) sue and be sued; 
‘‘(9) do any other act necessary and proper to 
carry out the purposes of the corporation as pro-
vided in its constitution, by-laws, and regulations; 
and 
‘‘(10) to do any other act necessary and proper 
to carry out the purposes stated in section 200502 
of this title. 
‘‘§ 200505. Restrictions 
‘‘(a) PROFIT.—The corporation may not engage in 
business activity for profit unless the activity is substan-
tially related to— 
‘‘(1) the purposes stated in 200502 of this title; 
or
732 
‘‘(2) raising funds to accomplish those pur-
poses. 
‘‘(b) STOCK AND DIVIDENDS.—The corporation may 
not issue stock or declare or pay a dividend. 
‘‘(c) POLITICAL ACTIVITIES.—The corporation shall 
be nonpolitical and may not provide financial aid or assist-
ance to, or otherwise promote the candidacy of, an indi-
vidual seeking elective public office. A substantial part of 
the activities of the corporation may not involve carrying 
on propaganda or otherwise attempting to influence legis-
lation. 
‘‘(d) DISTRIBUTION OF INCOME OR ASSETS.—The 
income or assets of the corporation may not inure to the 
benefit of a governor, officer, member, or employee or be 
distributed to any person during the life of the corporation 
or on its dissolution or final liquidation. This subsection 
does not prevent the payment of reasonable compensation 
to an officer, employee, or other person or reimbursement 
for actual necessary expenses in amounts approved by the 
board of directors. 
‘‘(e) LOANS.—The corporation may not make a loan 
to a governor, officer, member or employee. 
‘‘(f) NO CLAIM OF GOVERNMENTAL APPROVAL OR 
AUTHORITY.—The corporation may not claim approval of
733 
Congress, of the authority of the United States, for any 
activity of the corporation. 
‘‘§ 200506. Records and inspection 
‘‘(a) RECORDS.—The corporation shall keep— 
‘‘(1) correct and complete records of account; 
‘‘(2) minutes of the proceedings of its members, 
board of governors, and committees having any of 
the authority of the corporation; and 
‘‘(3) at its principal office, a record of the 
names and addresses of its members entitled to vote. 
‘‘(b) INSPECTION.—A member, or an agent or attor-
ney of a member, may inspect the records of the corpora-
tion for any proper purpose, at any reasonable time. 
‘‘§ 200507. Duty to maintain tax-exempt status 
‘‘If the corporation fails to maintain its status as an 
organization exempt from taxation under the Internal 
Revenue Code of 1986, the charter granted under this 
chapter shall terminate. 
‘‘§ 200508. Quarterly report 
‘‘The corporation shall submit a quarterly report to 
Congress on the activities of the corporation during the 
prior fiscal year quarter. The report shall be submitted 
at the same time as the report of the audit required by 
section 10101 of this title.’’.
734 
(b) DISTRIBUTION
OF CORPORATION ASSISTANCE 
ABROAD THROUGH DEPARTMENT OF DEFENSE.— 
(1) ACCEPTANCE AND COORDINATION OF AS-
SISTANCE.—The Secretary of Defense may, subject 
to the availability of appropriations for such pur-
pose, and in accordance with guidance reviewed or 
issued under section 1088 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 
115–91) and guidance issued by the Secretary devel-
oped with the concurrence of the Secretary of State 
and the Administrator of the United States Agency 
for International Development— 
(A) accept from Spirit of America, a feder-
ally-charted corporation under chapter 2005 of 
title 36, United States Code (as added by sub-
section (a) of this section), humanitarian, eco-
nomic, and other nonlethal assistance funded by 
private funds in the carrying out of the pur-
poses of the corporation; and 
(B) respond to requests from the corpora-
tion for the identification of the needs of local 
populations abroad for assistance, and coordi-
nate with the corporation in the provision and 
distribution of such assistance, in the carrying 
out of such purposes.
735 
(2) DISTRIBUTION OF ASSISTANCE TO LOCAL 
POPULATIONS.—In accordance with guidance issued 
by the Secretary of Defense developed with the con-
currence of the Secretary of State and the Adminis-
trator of the United States Agency for International 
Development, members of the Armed Forces abroad 
may provide to local populations abroad humani-
tarian, economic, and other nonlethal assistance pro-
vided to the Department by the corporation pursu-
ant to this subsection. 
(3) SCOPE OF GUIDANCE.—The guidance issued 
pursuant to this subsection shall ensure that any as-
sistance distributed pursuant to this subsection shall 
be for purposes of supporting the mission or mis-
sions of the Department of Defense and the Armed 
Forces for which such assistance is provided by the 
corporation. 
(4) DEPARTMENT OF DEFENSE SUPPORT FOR 
CORPORATION
ACTIVITIES.—In 
accordance 
with 
guidance issued by the Secretary of Defense, the De-
partment of Defense and the Armed Forces may, 
subject to the availability of appropriations for such 
purpose— 
(A) provide transportation, lodging, stor-
age, and other logistical support—
736 
(i) to personnel of the corporation 
(whether in the United States or abroad) 
who are carrying out the purposes of the 
corporation; and 
(ii) in connection with the acceptance 
and distribution of assistance provided by 
the corporation; and 
(B) use assets of the Department and the 
Armed Forces in the provision of support de-
scribed in subparagraph (A). 
(c) TABLES OF CHAPTERS.—The table of chapters at 
the beginning of title 36, United States Code, and at the 
beginning of subtitle II of such title, are each amended 
by inserting after the item relating to chapter 2003 the 
following new item: 
‘‘2005. Spirit of America .........................................................................200501’’. 
SEC. 1075. TRANSFER OF AIRCRAFT TO OTHER DEPART-
MENTS. 
Section 1098 of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 
881) is amended— 
(1) by striking subsections (a) and (f); 
(2) by redesignating subsections (b) through (e) 
as subsections (a) through (d), respectively; 
(3) by redesignating subsections (g) and (h) as 
subsections (e) and (f);
737 
(4) in subsection (a)(1), as so redesignated, by 
striking ‘‘and subject to the certification requirement 
under subsection (f),’’; and 
(5) in subsection (d), as so redesignated— 
(A) by striking ‘‘Promptly following the 
completion of the certification requirement 
under subsection (f) and notwithstanding’’ and 
inserting ‘‘Notwithstanding’’; and 
(B) by striking ‘‘shall begin transfer, with-
out reimbursement, of—’’ and inserting ‘‘shall 
transfer, without reimbursement—’’. 
SEC. 1076. REAUTHORIZATION OF NATIONAL AVIATION 
HERITAGE AREA. 
(a) FINDINGS.—Congress finds as follows: 
(1) The National Aviation Heritage Area, as it 
is currently defined, contains the National Museum 
of the United States Air Force and the Huffman 
Prairie Flying Field located within the grounds of 
Wright-Patterson Air Force Base. 
(2) The National Aviation Heritage Area con-
tinues to preserve the historical legacy of the Wright 
brothers and the birth of aviation, therefore, the Na-
tional Park Service should designate the National 
Aviation Heritage Area as a longstanding heritage 
area.
738 
(b) REAUTHORIZATION.—The National Aviation Her-
itage Area Act (title V of division J of the Consolidated 
Appropriations Act, 2005; Public Law 108–447) is 
amended— 
(1) by striking ‘‘The Aviation Heritage Founda-
tion, Incorporated,’’, ‘‘the Aviation Heritage Foun-
dation, Incorporated (a nonprofit corporation estab-
lished under the laws of the State of Ohio)’’, ‘‘the 
Aviation Heritage Foundation’’, ‘‘the Aviation Herit-
age Foundation, Incorporated’’ and ‘‘the Founda-
tion’’ each place they appear and inserting ‘‘Dayton 
History’’; 
(2) in section 503, by amending paragraph (1) 
to read as follows: 
‘‘(1) DAYTON
HISTORY.—The term ‘Dayton 
History’ means Dayton History, an organization in-
corporated in Ohio and described in section 
501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such 
Code.’’; 
(3) in section 505, by adding at the end the fol-
lowing new subsection: 
‘‘(d) ACCEPTANCE OF FUNDS AND SERVICES.—The 
management entity may accept funds and services from
739 
any Federal or non-Federal source for the purposes of im-
plementing the Management Plan.’’; and 
(4) in section 512, by striking ‘‘the date that is 
15 years after the date that funds are first made 
available for this title’’ and inserting ‘‘September 30, 
2025’’. 
(c) MANAGEMENT PLAN.—Dayton History (as such 
term is defined in section 503(1) of the National Aviation 
Heritage Area Act (title V of division J of the Consoli-
dated Appropriations Act, 2005; Public Law 108–447)) 
may manage the National Aviation Heritage Area under 
the management plan in effect for that heritage area as 
of the date of the enactment of this Act. 
SEC. 1077. RECOGNITION OF AMERICA’S VETERANS. 
(a) AUTHORIZATION
OF SUPPORT.—In order to 
honor American veterans, including American veterans of 
past wars that the Secretary of Defense determines have 
not received appropriate recognition, the Secretary may 
provide such support as the Secretary determines is appro-
priate for a parade to be carried out in the District of 
Columbia. In providing support under this subsection, the 
Secretary may expend funds for the display of small arms 
and munitions appropriate for customary ceremonial hon-
ors and for the participation of military units that perform 
customary ceremonial duties.
740 
(b) PROHIBITION.—In providing support for a parade 
as described in subsection (a), the Secretary may not ex-
pend funds to provide motorized vehicles, aviation plat-
forms, munitions other than the munitions specifically de-
scribed in subsection (a), operational military units, or 
operational military platforms if the Secretary determines 
that providing such units, platforms, or equipment would 
undermine the readiness of such units, platforms, or 
equipment. 
SEC. 1078. NATIONAL COMMISSION ON MILITARY AVIATION 
SAFETY. 
(a) ESTABLISHMENT.—There is established the Na-
tional Commission on Military Aviation Safety (in this sec-
tion referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of eight members, of whom— 
(A) four shall be appointed by the Presi-
dent; 
(B) one shall be appointed by the Chair-
man of the Committee on Armed Services of 
the Senate; 
(C) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the Senate;
741 
(D) one shall be appointed by the Chair-
man of the Committee on Armed Services of 
the House of Representatives; and 
(E) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the House of Representatives. 
(2) APPOINTMENT DATE.—The appointments of 
the members of the Commission shall be made not 
later than 90 days after the date of the enactment 
of this Act. 
(3) EFFECT OF LACK OF APPOINTMENT BY AP-
POINTMENT
DATE.—If one or more appointments 
under subparagraph (A) of paragraph (1) is not 
made by the appointment date specified in para-
graph (2), the authority to make such appointment 
or appointments shall expire, and the number of 
members of the Commission shall be reduced by the 
number equal to the number of appointments so not 
made. If an appointment under subparagraph (B), 
(C), (D), or (E) of paragraph (1) is not made by the 
appointment date specified in paragraph (2), the au-
thority to make an appointment under such subpara-
graph shall expire, and the number of members of 
the Commission shall be reduced by the number
742 
equal to the number otherwise appointable under 
such subparagraph. 
(4) 
EXPERTISE.—In 
making 
appointments 
under this subsection, consideration should be given 
to individuals with expertise in military aviation 
training, aviation technology, military aviation oper-
ations, aircraft sustainment and repair, aviation per-
sonnel policy, aerospace physiology, and reserve com-
ponent policy. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any 
vacancy in the Commission shall not affect its powers, but 
shall be filled in the same manner as the original appoint-
ment. 
(d) CHAIR AND VICE CHAIR.—The Commission shall 
select a Chair and Vice Chair from among its members. 
(e) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at the call of the Chair. 
(2) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
its initial meeting.
743 
(3) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings. 
(f) DUTIES.— 
(1) STUDY ON MILITARY AVIATION SAFETY.— 
The Commission shall undertake a comprehensive 
study of United States military aviation mishaps 
that occurred between fiscal years 2013 and 2018 in 
order— 
(A) to assess the rates of military aviation 
mishaps between fiscal years 2013 and 2018 
compared to historic aviation mishap rates; 
(B) to make an assessment of the under-
lying causes contributing to the unexplained 
physiological effects; 
(C) to make an assessment of causes con-
tributing to delays in aviation maintenance and 
limiting operational availability of aircraft; 
(D) to make an assessment of the causes 
contributing to military aviation mishaps; and 
(E) to make recommendations on the 
modifications, if any, of safety, training, main-
tenance, personnel, or other policies related to 
military aviation safety.
744 
(2) REPORT.—Not later than June 1, 2019, the 
Commission shall submit to the President and the 
congressional defense committees a report setting 
forth a detailed statement of the findings and con-
clusions of the Commission as a result of the study 
required by paragraph (1), together with the rec-
ommendations of the Commission for such legislative 
and administrative actions as the Commission con-
siders appropriate in light of the results of the 
study. 
(g) POWERS.— 
(1) HEARINGS.—The Commission may hold 
such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as 
the Commission considers advisable to carry out its 
duties under this subtitle. 
(2) INFORMATION
FROM
DEPARTMENT.—The 
Commission may secure directly from any element of 
the Department of Defense such information as the 
Commission considers necessary to carry out its du-
ties under this subtitle. Upon request of the Chair 
of the Commission, the head of such element shall 
furnish such information to the Commission.
745 
(h) TERMINATION.—The Commission shall terminate 
90 days after the date on which the Commission submits 
the report required under subsection (f)(2). 
(i) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Secretary of Defense should take every 
immediate action to make necessary repairs to avia-
tion systems and increase pilot training and pro-
ficiency without assuming additional risk to flight 
safety; and 
(2) this Act and the Defense Appropriations 
Act for fiscal year 2019 should be enacted into law 
by not later than October 1, 2018, at the maximum 
amount permitted by the Bipartisan Budget Act of 
2018 (Public Law 115–23) without being condi-
tioned on any other issue and without regard to any 
issue or difference of opinion. 
SEC. 1079. TARGET PRACTICE AND MARKSMANSHIP TRAIN-
ING SUPPORT. 
(a) FINDINGS; PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) the use of firearms and archery equip-
ment for target practice and marksmanship 
training activities on Federal land is allowed,
746 
except to the extent specific portions of that 
land have been closed to those activities; 
(B) in recent years preceding the date of 
enactment of this section, portions of Federal 
land have been closed to target practice and 
marksmanship training for many reasons; 
(C) the availability of public target ranges 
on non-Federal land has been declining for a 
variety of reasons, including continued popu-
lation growth and development near former 
ranges; 
(D) providing opportunities for target 
practice and marksmanship training at public 
target ranges on Federal and non-Federal land 
can help— 
(i) to promote enjoyment of shooting, 
recreational, and hunting activities; and 
(ii) to ensure safe and convenient lo-
cations for those activities; 
(E) Federal law in effect on the date of en-
actment of this section, including the Pittman- 
Robertson Wildlife Restoration Act (16 U.S.C. 
669 et seq.), provides Federal support for con-
struction and expansion of public target ranges 
by making available to States amounts that
747 
may be used for construction, operation, and 
maintenance of public target ranges; and 
(F) it is in the public interest to provide 
increased Federal support to facilitate the con-
struction or expansion of public target ranges. 
(2) PURPOSE.—The purpose of this section is 
to facilitate the construction and expansion of public 
target ranges, including ranges on Federal land 
managed by the Forest Service and the Bureau of 
Land Management. 
(b) AMENDMENTS TO PITTMAN-ROBERTSON WILD-
LIFE RESTORATION ACT.— 
(1) DEFINITIONS.—Section 2 of the Pittman- 
Robertson Wildlife Restoration Act (16 U.S.C. 
669a) is amended— 
(A) 
by 
redesignating 
paragraphs 
(2) 
through (8) as paragraphs (3) through (9), re-
spectively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) the term ‘public target range’ means a 
specific location that— 
‘‘(A) is identified by a governmental agen-
cy for recreational shooting; 
‘‘(B) is open to the public;
748 
‘‘(C) may be supervised; and 
‘‘(D) may accommodate archery or rifle, 
pistol, or shotgun shooting;’’. 
(2) EXPENDITURES
FOR
MANAGEMENT
OF 
WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 
the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g(b)) is amended— 
(A) by striking ‘‘(b) Each State’’ and in-
serting the following: 
‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD-
LIFE AREAS AND RESOURCES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State’’; 
(B) in paragraph (1) (as so designated), by 
striking ‘‘construction, operation,’’ and insert-
ing ‘‘operation’’; 
(C) in the second sentence, by striking 
‘‘The non-Federal share’’ and inserting the fol-
lowing: 
‘‘(3) NON-FEDERAL SHARE.—The non-Federal 
share’’; 
(D) in the third sentence, by striking ‘‘The 
Secretary’’ and inserting the following: 
‘‘(4) REGULATIONS.—The Secretary’’; and
749 
(E) by inserting after paragraph (1) (as 
designated by paragraph (1) of this subsection) 
the following: 
‘‘(2) EXCEPTION.—Notwithstanding the limita-
tion described in paragraph (1), a State may pay up 
to 90 percent of the cost of acquiring land for, ex-
panding, or constructing a public target range.’’. 
(3) FIREARM
AND
BOW
HUNTER
EDUCATION 
AND SAFETY PROGRAM GRANTS.—Section 10 of the 
Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669h–1) is amended— 
(A) in subsection (a), by adding at the end 
the following: 
‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 
Of the amount apportioned to a State for any fiscal 
year under section 4(b), the State may elect to allo-
cate not more than 10 percent, to be combined with 
the amount apportioned to the State under para-
graph (1) for that fiscal year, for acquiring land for, 
expanding, or constructing a public target range.’’; 
(B) by striking subsection (b) and insert-
ing the following: 
‘‘(b) COST SHARING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share of the cost of any activ-
750 
ity carried out using a grant under this section shall 
not exceed 75 percent of the total cost of the activ-
ity. 
‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR 
EXPANSION.—The Federal share of the cost of ac-
quiring land for, expanding, or constructing a public 
target range in a State on Federal or non-Federal 
land pursuant to this section or section 8(b) shall 
not exceed 90 percent of the cost of the activity.’’; 
and 
(C) in subsection (c)(1)— 
(i) by striking ‘‘Amounts made’’ and 
inserting the following: 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), amounts made’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) EXCEPTION.—Amounts provided for 
acquiring land for, constructing, or expanding a 
public target range shall remain available for 
expenditure and obligation during the 5-fiscal- 
year period beginning on October 1 of the first 
fiscal year for which the amounts are made 
available.’’. 
(c) LIMITS ON LIABILITY.—
751 
(1) DISCRETIONARY FUNCTION.—For purposes 
of chapter 171 of title 28, United States Code (com-
monly referred to as the ‘‘Federal Tort Claims 
Act’’), any action by an agent or employee of the 
United States to manage or allow the use of Federal 
land for purposes of target practice or marksman-
ship training by a member of the public shall be con-
sidered to be the exercise or performance of a discre-
tionary function. 
(2) CIVIL ACTION OR CLAIMS.—Except to the 
extent provided in chapter 171 of title 28, United 
States Code, the United States shall not be subject 
to any civil action or claim for money damages for 
any injury to or loss of property, personal injury, or 
death caused by an activity occurring at a public 
target range that is— 
(A) funded in whole or in part by the Fed-
eral Government pursuant to the Pittman-Rob-
ertson Wildlife Restoration Act (16 U.S.C. 669 
et seq.); or 
(B) located on Federal land. 
(d) SENSE
OF CONGRESS REGARDING COOPERA-
TION.—It is the sense of Congress that, consistent with 
applicable laws and regulations, the Chief of the Forest 
Service and the Director of the Bureau of Land Manage-
752 
ment should cooperate with State and local authorities and 
other entities to carry out waste removal and other activi-
ties on any Federal land used as a public target range 
to encourage continued use of that land for target practice 
or marksmanship training. 
(e) DEFINITION OF PUBLIC TARGET RANGE.—In 
this section, the term ‘‘public target range’’ means a spe-
cific location that— 
(1) is identified by a governmental agency for 
recreational shooting; 
(2) is open to the public; 
(3) may be supervised; and 
(4) may accommodate archery or rifle, pistol, or 
shotgun shooting. 
SEC. 1080. SENSE OF CONGRESS ON ADVERSARY AIR CAPA-
BILITIES. 
It is the sense of Congress that each facility of the 
Department of Defense housing an F–22 aircraft squad-
ron should have adversary air capabilities to improve the 
training of F–22 aircrews. 
SEC. 1081. SENSE OF CONGRESS REGARDING ORGANIC AT-
TACK AVIATOR TRAINING CAPABILITY. 
It is the sense of Congress that—
753 
(1) retaining attack rotary wing aviation assets 
in the Army National Guard continues to be impor-
tant; 
(2) the National Guard should retain organic 
attack aviation training capacity; and 
(3) the Western and Eastern Army Aviation 
Training Sites have proven invaluable in maintaining 
Army National Guard aviation readiness. 
SEC. 1082. SENSE OF CONGRESS ON THE LEGACY, CON-
TRIBUTIONS, AND SACRIFICES OF AMERICAN 
INDIAN AND ALASKA NATIVES IN THE ARMED 
FORCES. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States celebrates Native Amer-
ican History Month each November to recognize and 
honor the history and achievements of Native Ameri-
cans. 
(2) American Indian and Alaska Natives serve 
in all branches of the Armed Forces, attend all serv-
ice academies, and defend our country with valiance, 
pride, and honor. 
(3) More than 30,000 active duty, reserve, and 
National Guard members of the Armed Forces iden-
tify as Native American.
754 
(4) American Indian and Alaska Natives have 
served and continue to serve in the highest propor-
tions to population than any other ethnic group. 
(5) American Indian and Alaska Natives have 
served in every war, from the Revolutionary War to 
current overseas conflicts. 
(6) Native American veterans are Congressional 
Medal of Honor, Congressional Gold and Silver Med-
als, Purple Heart, and Bronze Star Medal recipi-
ents. 
(7) American Indian and Alaska Native women 
serve in Armed Forces in higher proportions than 
any other ethnic group. 
(8) Native American Code Talkers and their 
languages proved an invaluable asset during World 
Wars I and II. 
(9) Ira Hayes, Akimel O’odham (Pima) helped 
to raise the American flag on Iwo Jima; 
(10) Dr. Joseph Medicine Crow, Apsa´alooke 
(Crow), served in WWII and became a war chief. 
(11) Numerous present and past military air-
craft, helicopters, and munitions programs bear the 
names of Native American tribes and tribal leaders 
to honor their legacy of martial prowess, including 
the Apache, Kiowa, Black Hawk, Lakota, Chinook,
755 
Huron, Iroquois, Comanche, Cayuse, Chickasaw, 
Ute, Gray Eagle, Mescalero, Tomahawk, and more. 
(12) Native American tribes commonly take 
part in ceremonies alongside military units to bless 
new aircraft and mark successful inception of new 
fleets. 
(13) More than 140,000 veterans across the 
United States identify as Native American. 
(14) Each November, the Department of De-
fense honors the unique and special relationship with 
tribal communities during Native American Heritage 
Month. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress— 
(1) recognizes and honors the legacy and con-
tributions of American Indian and Alaska Natives 
and tribal communities to the military of the United 
States; and 
(2) commits to ensuring progress for American 
Indian and Alaska Native members of the Armed 
Forces and veterans with regard to representation in 
senior military leadership positions, improving access 
to culturally competent resources and services, and 
supporting families and tribal communities.
756 
SEC. 1083. AMATEUR RADIO PARITY. 
(a) FINDINGS.—Congress finds the following: 
(1) More than 730,000 radio amateurs in the 
United States are licensed by the Federal Commu-
nications Commission in the amateur radio services. 
(2) Amateur radio, at no cost to taxpayers, pro-
vides a fertile ground for technical self-training in 
modern telecommunications, electronics technology, 
and emergency communications techniques and pro-
tocols. 
(3) There is a strong Federal interest in the ef-
fective performance of amateur stations established 
at the residences of licensees. Such stations have 
been shown to be frequently and increasingly pre-
cluded by unreasonable private land use restrictions, 
including restrictive covenants. 
(4) Federal Communications Commission regu-
lations have for three decades prohibited the applica-
tion to stations in the amateur service of State and 
local regulations that preclude or fail to reasonably 
accommodate amateur service communications, or 
that do not constitute the minimum practicable reg-
ulation to accomplish a legitimate State or local pur-
pose. Commission policy has been and is to require 
States and localities to permit erection of a station 
antenna structure at heights and dimensions suffi-
757 
cient to accommodate amateur service communica-
tions. 
(5) The Commission has sought guidance and 
direction from Congress with respect to the applica-
tion of the Commission’s limited preemption policy 
regarding amateur service communications to private 
land use restrictions, including restrictive covenants. 
(6) There are aesthetic and common property 
considerations that are uniquely applicable to private 
land use regulations and the community associations 
obligated to enforce covenants, conditions, and re-
strictions in deed-restricted communities. These con-
siderations are dissimilar to those applicable to State 
law and local ordinances regulating the same resi-
dential amateur radio facilities. 
(7) In recognition of these considerations, a 
separate Federal policy than exists at section 
97.15(b) of title 47, Code of Federal Regulations, is 
warranted concerning amateur service communica-
tions in deed-restricted communities. 
(8) Community associations should fairly ad-
minister private land use regulations in the interest 
of their communities, while nevertheless permitting 
the installation and maintenance of effective outdoor 
amateur radio antennas. There exist antenna de-
758 
signs and installations that can be consistent with 
the aesthetics and physical characteristics of land 
and structures in community associations while ac-
commodating communications in the amateur radio 
services. 
(b) APPLICATION OF PRIVATE LAND USE RESTRIC-
TIONS TO AMATEUR STATIONS.— 
(1) AMENDMENT
OF
FCC
RULES.—Not later 
than 120 days after the date of the enactment of 
this Act, the Federal Communications Commission 
shall amend section 97.15 of title 47, Code of Fed-
eral Regulations, by adding a new paragraph that 
prohibits the application to amateur stations of any 
private land use restriction, including a restrictive 
covenant, that— 
(A) on its face or as applied, precludes 
communications in an amateur radio service; 
(B) fails to permit a licensee in an ama-
teur radio service to install and maintain an ef-
fective outdoor antenna on property under the 
exclusive use or control of the licensee; or 
(C) does not constitute the minimum prac-
ticable restriction on such communications to 
accomplish the lawful purposes of a community 
association seeking to enforce such restriction.
759 
(2) ADDITIONAL
REQUIREMENTS.—In amend-
ing its rules as required by subsection (a), the Com-
mission shall— 
(A) require any licensee in an amateur 
radio service to notify and obtain prior approval 
from a community association concerning in-
stallation of an outdoor antenna; 
(B) permit a community association to 
prohibit installation of any antenna or antenna 
support structure by a licensee in an amateur 
radio service on common property not under the 
exclusive use or control of the licensee; and 
(C) subject to the standards specified in 
paragraphs (1) and (2) of subsection (a), per-
mit a community association to establish rea-
sonable written rules concerning height, loca-
tion, size, and aesthetic impact of, and installa-
tion requirements for, outdoor antennas and 
support structures for the purpose of con-
ducting communications in the amateur radio 
services. 
(c) AFFIRMATION
OF LIMITED PREEMPTION
OF 
STATE AND LOCAL LAND USE REGULATION.—The Fed-
eral Communications Commission may not change section 
97.15(b) of title 47, Code of Federal Regulations, which
760 
shall remain applicable to State and local land use regula-
tion of amateur service communications. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘community association’’ means 
any non-profit mandatory membership organization 
composed of owners of real estate described in a dec-
laration of covenants or created pursuant to a cov-
enant or other applicable law with respect to which 
a person, by virtue of the person’s ownership of or 
interest in a unit or parcel, is obligated to pay for 
a share of real estate taxes, insurance premiums, 
maintenance, improvement, services, or other ex-
penses related to common elements, other units, or 
any other real estate other than the unit or parcel 
described in the declaration. 
(2) The terms ‘‘amateur radio services’’, ‘‘ama-
teur service’’, and ‘‘amateur station’’ have the mean-
ings given such terms in section 97.3 of title 47, 
Code of Federal Regulations. 
SEC. 1084. SENSE OF CONGRESS REGARDING THE INTER-
NATIONAL BORDERS OF THE UNITED STATES. 
It is the sense of Congress that— 
(1) gaining and maintaining situational aware-
ness and operational control of the international bor-
761 
ders of the United States is critical to national secu-
rity; 
(2) the United States Government must devote 
adequate resources to securing the border, both at, 
and between, ports of entry, and the agency tasked 
with that mission, the Department of Homeland Se-
curity, should be adequately resourced to conduct 
such mission; and 
(3) the Department of Defense must ensure 
that when it acts in support of that mission, such 
as when mobilized by the President to conduct 
homeland defense activities, or when military facili-
ties are adjacent to an international border of the 
United States, it has adequate resources, capabili-
ties, and authorities to carry out the mission while 
maintaining combat readiness. 
SEC. 1085. PROGRAM TO COMMEMORATE 75TH ANNIVER-
SARY OF WORLD WAR II. 
(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 
Secretary of Defense shall conduct a program to com-
memorate the 75th anniversary of World War II. In con-
ducting the commemorative program, the Secretary shall 
support and facilitate other programs and activities of the 
Federal Government, State and local governments, and
762 
not-for-profit organizations in commemoration of the 75th 
anniversary of World War II. 
(b) COMMEMORATIVE
ACTIVITIES
AND
OBJEC-
TIVES.—The commemorative program may include activi-
ties and ceremonies to achieve the following objectives: 
(1) To thank and honor veterans of World War 
II, including personnel who were held as prisoners of 
war or listed as missing in action, for their service 
and sacrifice on behalf of the United States and to 
thank and honor the families of these veterans. 
(2) To educate the public about the history of 
World War II and highlight the service of the Armed 
Forces during World War II and the contributions 
of Federal agencies and governmental and non-
governmental organizations that served with, or in 
support of, the Armed Forces. 
(3) To pay tribute to the contributions made on 
the home front by the people of the United States 
during World War II. 
(4) To recognize the contributions and sac-
rifices made by the allies of the United States dur-
ing World War II. 
(5) To remember the Holocaust, the annihila-
tion of 6,000,000 Jews by the Nazi regime, and to
763 
pay tribute to the Allied troops who liberated Nazi 
concentration camps during World War II. 
(c) NAMES AND SYMBOLS.—The Secretary of De-
fense shall have the sole and exclusive right to use the 
name ‘‘The United States of America 75th Anniversary 
of World War II Commemoration’’, and such seal, em-
blems, and badges incorporating such name as the Sec-
retary may lawfully adopt. Nothing in this section may 
be construed to supersede rights that are established or 
vested before the date of the enactment of this Act. 
(d) COMMEMORATIVE FUND.— 
(1) ESTABLISHMENT AND ADMINISTRATION.— 
Upon the Secretary establishing the commemorative 
program under subsection (a), the Secretary of the 
Treasury shall establish in the Treasury of the 
United States an account to be known as the ‘‘De-
partment of Defense World War II Commemoration 
Fund’’ (in this section referred to as the ‘‘Fund’’). 
The Fund shall be administered by the Secretary of 
Defense. 
(2) USE OF FUND.—The Secretary of Defense 
shall use the assets of the Fund only for the purpose 
of conducting the commemorative program and pro-
viding grants to State and local governments and 
not-for-profit organizations for commemorative ac-
764 
tivities, and shall prescribe such regulations regard-
ing the use of the Fund as the Secretary considers 
to be necessary. 
(3) DEPOSITS.—The following shall be depos-
ited into the Fund: 
(A) Amounts appropriated to the Fund. 
(B) Proceeds derived from the Secretary’s 
use of the exclusive rights described in sub-
section (c). 
(C) Donations made in support of the com-
memorative program by private and corporate 
donors. 
(D) Funds transferred to the Fund by the 
Secretary from funds appropriated for fiscal 
year 2019 and subsequent years for the Depart-
ment of Defense. 
(4) 
AVAILABILITY.—Subject 
to 
subsection 
(g)(2), amounts deposited under paragraph (3) shall 
constitute the assets of the Fund and remain avail-
able until expended. 
(5) BUDGET REQUEST.—The Secretary of De-
fense may establish a separate budget line for the 
commemorative program. In the budget justification 
materials submitted by the Secretary in support of 
the budget of the President for any fiscal year for
765 
which the Secretary establishes the separate budget 
line, the Secretary shall— 
(A) identify and explain any amounts ex-
pended for the commemorative program in the 
fiscal year preceding the budget request; 
(B) identify and explain the amounts being 
requested to support the commemorative pro-
gram for the fiscal year of the budget request; 
and 
(C) present a summary of the fiscal status 
of the Fund. 
(e) ACCEPTANCE OF VOLUNTARY SERVICES.— 
(1) AUTHORITY
TO
ACCEPT
SERVICES.—Not-
withstanding section 1342 of title 31, United States 
Code, the Secretary of Defense may accept from any 
person voluntary services to be provided in further-
ance of the commemorative program. The Secretary 
of Defense shall prohibit the solicitation of any vol-
untary services if the nature or circumstances of 
such solicitation would compromise the integrity or 
the appearance of integrity of any program of the 
Department of Defense or of any individual involved 
in the program. 
(2) REIMBURSEMENT
OF
INCIDENTAL
EX-
PENSES.—The Secretary may provide for reimburse-
766 
ment of incidental expenses incurred by a person 
providing voluntary services under this subsection. 
The Secretary shall determine which expenses are el-
igible for reimbursement under this paragraph. 
(f) CONSULTATION WITH DIRECTOR OF THE UNITED 
STATES HOLOCAUST MEMORIAL MUSEUM.—In designing 
the commemorative program conducted under this section, 
the Secretary of Defense shall consult with the Director 
of the United States Holocaust Memorial Museum. 
(g) FINAL REPORT.— 
(1) REPORT
REQUIRED.—Not later than 60 
days after the end of the commemorative program 
established by the Secretary of Defense under sub-
section (a), the Secretary shall submit to Congress 
a report containing an accounting of— 
(A) all of the funds deposited into and ex-
pended from the Fund; 
(B) any other funds expended under this 
section; and 
(C) any unobligated funds remaining in 
the Fund. 
(2) TREATMENT
OF
UNOBLIGATED
FUNDS.— 
Unobligated amounts remaining in the Fund as of 
the end of the commemorative period shall be held 
in the Fund until transferred by law.
767 
(h) LIMITATION ON EXPENDITURES.—Total expendi-
tures from the Fund, using amounts appropriated to the 
Department of Defense, may not exceed $5,000,000 for 
fiscal year 2019 or for any subsequent fiscal year to carry 
out the commemorative program. 
(i) FUNDING.—Of the amount authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2019 for operation and maintenance, Defense- 
wide activities, $2,000,000 shall be available for deposit 
in the Fund. 
SEC. 1086. COMPLIANCE WITH REQUIREMENTS RELATING 
TO RECIPROCITY OF SECURITY CLEARANCE 
AND ACCESS DETERMINATIONS. 
The Secretary of Defense shall take such steps as 
may be necessary to ensure the expedited compliance of 
the Department of Defense with section 3001(d) of the 
Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458; 50 U.S.C. 3341(d)). 
SEC. 1087. ASSESSMENT REGARDING ELIGIBILITY FOR 
COMPENSATION 
FOR 
COMPENSABLE 
DIS-
EASES UNDER THE RADIATION EXPOSURE 
COMPENSATION ACT. 
(a) ASSESSMENT.—The National Cancer Institute 
and the Centers for Disease Control and Prevention shall 
assess the application of probability of causation/assigned
768 
share (in this section referred to as ‘‘PC/AS’’) to deter-
mine eligibility for compensation for compensable diseases 
under the Radiation Exposure Compensation Act (Public 
Law 101–426; 42 U.S.C. 2210 note) in downwind popu-
lations in the continental United States, Alaska, Hawaii, 
and the possessions and territories of the United States. 
To carry out the assessment, the National Cancer Insti-
tute and the Centers for Disease Control and Prevention 
shall, at a minimum— 
(1) complete the work begun in the late 1990s 
to develop dose estimates for downwind populations 
in such locations from fallout from nuclear weapons 
testing by the United States; and 
(2) estimate the portions of these downwind 
populations that could become eligible for compensa-
tion compensable diseases under such Act for each 
of the following PC/AS criteria: 
(A) Median PC/AS > 0.5. 
(B) PC/AS > 0.5 at the 80 percent credi-
bility limit. 
(C) PC/AS > 0.5 at the 99 percent credi-
bility limit. 
(b) PROVISION OF INFORMATION.—Not later than 60 
days after the date of the enactment of this Act, the Na-
tional Cancer Institute and the Centers for Disease Con-
769 
trol and Prevention shall inform Congress of the time and 
resources required to carry out the assessment under sub-
section (a). 
SEC. 1088. USE OF GI BENEFITS FOR AGRICULTURE-RE-
LATED EDUCATION PROGRAMS. 
The Secretary, in consultation with the Secretary of 
Labor and the Secretary of Veterans Affairs, shall provide 
guidance and resources for individuals interested in using 
educational benefits under chapter 30, 31, 32, 33, 34, or 
35 of title 38, United States Code, or chapter 1606 or 
1607 of title 10, United States Code, for agriculture-re-
lated education programs. 
SEC. 1089. ARCTIC SURVIVAL TRAINING. 
The Secretary of Defense shall ensure that in devel-
oping any Arctic survival curriculum, the Department of 
Defense shall engage with local indigenous communities 
for their traditional knowledge. 
SEC. 1090. PRIVACY PROTECTIONS FOR ELECTRONIC COM-
MUNICATIONS 
INFORMATION 
THAT 
IS 
STORED 
BY 
THIRD-PARTY 
SERVICE 
PRO-
VIDERS. 
(a) VOLUNTARY DISCLOSURE CORRECTIONS.— 
(1) IN
GENERAL.—Section 2702 of title 18, 
United States Code, is amended— 
(A) in subsection (a)—
770 
(i) in paragraph (1)— 
(I) by striking ‘‘divulge’’ and in-
serting ‘‘disclose’’; and 
(II) by striking ‘‘while in elec-
tronic storage by that service’’ and in-
serting ‘‘that is in electronic storage 
with or otherwise stored, held, or 
maintained by that service’’; 
(ii) in paragraph (2)— 
(I) by striking ‘‘to the public’’; 
(II) by striking ‘‘divulge’’ and in-
serting ‘‘disclose’’; and 
(III) by striking ‘‘which is car-
ried or maintained on that service’’ 
and inserting ‘‘that is stored, held, or 
maintained by that service’’; and 
(iii) in paragraph (3)— 
(I) by striking ‘‘divulge’’ and in-
serting ‘‘disclose’’; and 
(II) by striking ‘‘a provider of’’ 
and inserting ‘‘a person or entity pro-
viding’’; 
(B) in subsection (b)—
771 
(i) in the matter preceding paragraph 
(1), by inserting ‘‘wire or electronic’’ be-
fore ‘‘communication’’; 
(ii) by amending paragraph (1) to 
read as follows: 
‘‘(1) to an originator, addressee, or intended re-
cipient of such communication, to the subscriber or 
customer on whose behalf the provider stores, holds, 
or maintains such communication, or to an agent of 
such addressee, intended recipient, subscriber, or 
customer;’’; and 
(iii) by amending paragraph (3) to 
read as follows: 
‘‘(3) with the lawful consent of the originator, 
addressee, or intended recipient of such communica-
tion, or of the subscriber or customer on whose be-
half the provider stores, holds, or maintains such 
communication;’’; 
(C) in subsection (c) by inserting ‘‘wire or 
electronic’’ before ‘‘communications’’; 
(D) in each of subsections (b) and (c), by 
striking ‘‘divulge’’ and inserting ‘‘disclose’’; and 
(E) in subsection (c), by amending para-
graph (2) to read as follows:
772 
‘‘(2) with the lawful consent of the subscriber 
or customer;’’. 
(b) AMENDMENTS TO REQUIRED DISCLOSURE SEC-
TION.—Section 2703 of title 18, United States Code, is 
amended— 
(1) by striking subsections (a) through (c) and 
inserting the following: 
‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN ELECTRONIC STORAGE.—Except as pro-
vided in subsections (i) and (j), a governmental entity may 
require the disclosure by a provider of electronic commu-
nication service of the contents of a wire or electronic com-
munication that is in electronic storage with or otherwise 
stored, held, or maintained by that service only if the gov-
ernmental entity obtains a warrant issued using the proce-
dures described in the Federal Rules of Criminal Proce-
dure (or, in the case of a State court, issued using State 
warrant procedures) that— 
‘‘(1) is issued by a court of competent jurisdic-
tion; and 
‘‘(2) may indicate the date by which the pro-
vider must make the disclosure to the governmental 
entity. 
In the absence of a date on the warrant indicating the 
date by which the provider must make disclosure to the
773 
governmental entity, the provider shall promptly respond 
to the warrant. 
‘‘(b) CONTENTS OF WIRE OR ELECTRONIC COMMU-
NICATIONS IN A REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (i) and (j), a governmental entity may re-
quire the disclosure by a provider of remote com-
puting service of the contents of a wire or electronic 
communication that is stored, held, or maintained by 
that service only if the governmental entity obtains 
a warrant issued using the procedures described in 
the Federal Rules of Criminal Procedure (or, in the 
case of a State court, issued using State warrant 
procedures) that— 
‘‘(A) is issued by a court of competent ju-
risdiction; and 
‘‘(B) may indicate the date by which the 
provider must make the disclosure to the gov-
ernmental entity. 
In the absence of a date on the warrant indicating 
the date by which the provider must make disclosure 
to the governmental entity, the provider shall 
promptly respond to the warrant. 
‘‘(2) APPLICABILITY.—Paragraph (1) is appli-
cable with respect to any wire or electronic commu-
774 
nication that is stored, held, or maintained by the 
provider— 
‘‘(A) on behalf of, and received by means 
of electronic transmission from (or created by 
means of computer processing of communica-
tion received by means of electronic trans-
mission from), a subscriber or customer of such 
remote computing service; and 
‘‘(B) solely for the purpose of providing 
storage or computer processing services to such 
subscriber or customer, if the provider is not 
authorized to access the contents of any such 
communications for purposes of providing any 
services other than storage or computer proc-
essing. 
‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU-
NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (i) and (j), a governmental entity may re-
quire the disclosure by a provider of electronic com-
munication service or remote computing service of a 
record or other information pertaining to a sub-
scriber to or customer of such service (not including 
the contents of wire or electronic communications), 
only—
775 
‘‘(A) if a governmental entity obtains a 
warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, 
in the case of a State court, issued using State 
warrant procedures) that— 
‘‘(i) is issued by a court of competent 
jurisdiction directing the disclosure; and 
‘‘(ii) may indicate the date by which 
the provider must make the disclosure to 
the governmental entity; 
‘‘(B) if a governmental entity obtains a 
court order directing the disclosure under sub-
section (d); 
‘‘(C) with the lawful consent of the sub-
scriber or customer; or 
‘‘(D) as otherwise authorized in paragraph 
(2). 
‘‘(2) SUBSCRIBER
OR
CUSTOMER
INFORMA-
TION.—A provider of electronic communication serv-
ice or remote computing service shall, in response to 
an administrative subpoena authorized by Federal or 
State statute, a grand jury, trial, or civil discovery 
subpoena, or any means available under paragraph 
(1), disclose to a governmental entity the— 
‘‘(A) name;
776 
‘‘(B) address; 
‘‘(C) local and long distance telephone con-
nection records, or records of session times and 
durations; 
‘‘(D) length of service (including start 
date) and types of service used; 
‘‘(E) telephone or instrument number or 
other subscriber or customer number or iden-
tity, including any temporarily assigned net-
work address; and 
‘‘(F) means and source of payment for 
such service (including any credit card or bank 
account number), 
of a subscriber or customer of such service. 
‘‘(3) NOTICE NOT REQUIRED.—A governmental 
entity that receives records or information under 
this subsection is not required to provide notice to 
a subscriber or customer.’’; 
(2) in subsection (d)— 
(A) by striking ‘‘(b) or’’; 
(B) by striking ‘‘the contents of a wire or 
electronic communication, or’’; 
(C) by striking ‘‘sought,’’ and inserting 
‘‘sought’’; and
777 
(D) by striking ‘‘section’’ and inserting 
‘‘subsection’’; and 
(3) by adding at the end the following: 
‘‘(h) NOTICE.—Except as provided in section 2705, 
a provider of electronic communication service or remote 
computing service may notify a subscriber or customer of 
a receipt of a warrant, court order, subpoena, or request 
under subsection (a), (b), (c), or (d) of this section. 
‘‘(i) RULE OF CONSTRUCTION RELATED TO LEGAL 
PROCESS.—Nothing in this section or in section 2702 
shall limit the authority of a governmental entity to use 
an administrative subpoena authorized by Federal or 
State statute, a grand jury, trial, or civil discovery sub-
poena, or a warrant issued using the procedures described 
in the Federal Rules of Criminal Procedure (or, in the 
case of a State court, issued using State warrant proce-
dures) by a court of competent jurisdiction to— 
‘‘(1) require an originator, addressee, or in-
tended recipient of a wire or electronic communica-
tion to disclose a wire or electronic communication 
(including the contents of that communication) to 
the governmental entity; 
‘‘(2) require a person or entity that provides an 
electronic communication service to the officers, di-
rectors, employees, or agents of the person or entity
778 
(for the purpose of carrying out their duties) to dis-
close a wire or electronic communication (including 
the contents of that communication) to or from the 
person or entity itself or to or from an officer, direc-
tor, employee, or agent of the entity to a govern-
mental entity, if the wire or electronic communica-
tion is stored, held, or maintained on an electronic 
communications system owned, operated, or con-
trolled by the person or entity; or 
‘‘(3) require a person or entity that provides a 
remote computing service or electronic communica-
tion service to disclose a wire or electronic commu-
nication (including the contents of that communica-
tion) that advertises or promotes a product or serv-
ice and that has been made readily accessible to the 
general public. 
‘‘(j) RULE OF CONSTRUCTION RELATED TO CON-
GRESSIONAL SUBPOENAS.—Nothing in this section or in 
section 2702 shall limit the power of inquiry vested in the 
Congress by article I of the Constitution of the United 
States, including the authority to compel the production 
of a wire or electronic communication (including the con-
tents of a wire or electronic communication) that is stored, 
held, or maintained by a person or entity that provides
779 
remote computing service or electronic communication 
service.’’. 
(c) DELAYED NOTICE.—Section 2705 of title 18, 
United States Code, is amended to read as follows: 
‘‘§ 2705. Delayed notice 
‘‘(a) IN GENERAL.—A governmental entity acting 
under section 2703 may apply to a court for an order di-
recting a provider of electronic communication service or 
remote computing service to which a warrant, order, sub-
poena, or other directive under section 2703 is directed 
not to notify any other person of the existence of the war-
rant, order, subpoena, or other directive. 
‘‘(b) DETERMINATION.—A court shall grant a re-
quest for an order made under subsection (a) for delayed 
notification of up to 180 days if the court determines that 
there is reason to believe that notification of the existence 
of the warrant, order, subpoena, or other directive will 
likely result in— 
‘‘(1) endangering the life or physical safety of 
an individual; 
‘‘(2) flight from prosecution; 
‘‘(3) destruction of or tampering with evidence; 
‘‘(4) intimidation of potential witnesses; or 
‘‘(5) otherwise seriously jeopardizing an inves-
tigation or unduly delaying a trial.
780 
‘‘(c) EXTENSION.—Upon request by a governmental 
entity, a court may grant one or more extensions, for peri-
ods of up to 180 days each, of an order granted in accord-
ance with subsection (b).’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or an amendment made by this section shall be con-
strued to preclude the acquisition by the United States 
Government of— 
(1) the contents of a wire or electronic commu-
nication pursuant to other lawful authorities, includ-
ing the authorities under chapter 119 of title 18 
(commonly known as the ‘‘Wiretap Act’’), the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.), or any other provision of Fed-
eral law not specifically amended by this section; or 
(2) records or other information relating to a 
subscriber or customer of any electronic communica-
tion service or remote computing service (not includ-
ing the content of such communications) pursuant to 
the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), chapter 119 of title 18 
(commonly known as the ‘‘Wiretap Act’’), or any 
other provision of Federal law not specifically 
amended by this section.
781 
SEC. 1091. LESSONS LEARNED AND BEST PRACTICES ON 
PROGRESS OF GENDER INTEGRATION IMPLE-
MENTATION IN THE ARMED FORCES. 
The Secretary of Defense shall direct each component 
of the Armed Forces to share lessons learned and best 
practices on the progress of their gender integration im-
plementation plans and to communicate strategically that 
progress with other components of the Armed Forces as 
well as the general public, as recommended by the Defense 
Advisory Committee on Women in the Services. 
SEC. 1092. REPORT ON READINESS OF NATIONAL GUARD 
TO RESPOND TO NATURAL DISASTERS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report analyzing 
the readiness of the National Guard and Reserve to re-
spond to natural disasters. 
SEC. 1093. REPORT ON USE AND AVAILABILITY OF MILI-
TARY INSTALLATIONS FOR DISASTER RE-
SPONSE. 
(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 com-
mittees a report that identifies— 
(1) each military installation that has been 
made available to the Department of Homeland Se-
782 
curity for disaster response for the past 10 fiscal 
years; and 
(2) military installations assessed to be avail-
able in support of fast response to disasters. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following: 
(1) For each military installation identified 
under subsection (a)(1)— 
(A) the name of the installation; 
(B) the location of the installation, includ-
ing the State and Congressional District; 
(C) a description of the infrastructure and 
equipment made available at the installation; 
and 
(D) a description of personnel made avail-
able for disaster response. 
(2) For each military installation identified 
under subsection (a)(2)— 
(A) the name of the installation; 
(B) the location of the installation, includ-
ing the State and Congressional District; 
(C) a description of the infrastructure and 
equipment to be available at the installation; 
and
783 
(D) a description of personnel to be avail-
able for disaster response. 
SEC. 1094. PROMOTING FEDERAL PROCUREMENT WITH 
HISTORICALLY BLACK COLLEGES AND UNI-
VERSITIES AND MINORITY INSTITUTIONS. 
(a) IN GENERAL.—The head of an executive agency, 
or a contracting officer where applicable, shall— 
(1) assist historically Black colleges and univer-
sities and minority institutions to develop viable, 
self-sustaining businesses capable of competing on 
an equal basis in the mainstream of the United 
States economy; and 
(2) promote Federal procurement with histori-
cally Black colleges and universities and minority in-
stitutions by establishing— 
(A) participation goals of not less than 10 
percent for historically Black colleges and uni-
versities and minority institutions; 
(B) requirements that prime contractors 
and other recipients of Federal funds attain 
similar participation goals in their procurement; 
and 
(C) other mechanisms that ensure histori-
cally Black colleges and universities and minor-
784 
ity institutions have a fair opportunity to par-
ticipate in Federal procurement. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘executive agency’’ has the mean-
ing given the term in section 133 of title 41, United 
States Code. 
(2) The term ‘‘historically Black college and 
university’’ has the meaning given that term in sec-
tion 631 of the Higher Education Act of 1965 (20 
U.S.C. 1132). 
(3) The term ‘‘minority institution’’ has the 
meaning given that term in section 365 of the High-
er Education Act of 1965 (20 U.S.C. 1067k). 
SEC. 1095. CLARIFICATION OF REIMBURSABLE ALLOWED 
COSTS OF FAA MEMORANDA OF AGREEMENT. 
Section 47504(c)(2) of title 49, United States Code, 
is amended— 
(1) in subparagraph (D) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) to an airport operator of a congested air-
port (as defined in section 47175) and a unit of
785 
local government referred to in paragraph (1)(B) to 
carry out a project to mitigate noise, if the project— 
‘‘(i) consists of— 
‘‘(I) replacement windows, doors, and 
the installation of through-the-wall air con-
ditioning units; or 
‘‘(II) acquisition and installation of 
the windows, doors, and other noise miti-
gation elements to be used in a school re-
construction if reconstruction is the pre-
ferred local solution; 
‘‘(ii) is located at a school near the airport; 
and 
‘‘(iii) is included in a memorandum of 
agreement entered into before September 30, 
2002, even if the airport has not met the re-
quirements of part 150 of title 14, Code of Fed-
eral Regulations, and only if the financial limi-
tations of the memorandum are applied.’’. 
SEC. 1096. DISCLOSURE REQUIREMENTS FOR UNITED 
STATES-BASED FOREIGN MEDIA OUTLETS. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the 
following:
786 
‘‘SEC. 722. DISCLOSURE REQUIREMENTS FOR UNITED 
STATES-BASED FOREIGN MEDIA OUTLETS. 
‘‘(a) REPORTS BY OUTLETS TO COMMISSION.—Not 
later than 90 days after the date of the enactment of this 
section, and not less frequently than every 6 months there-
after, a United States-based foreign media outlet shall 
submit to the Commission a report that contains the fol-
lowing information: 
‘‘(1) The name of such outlet. 
‘‘(2) A description of the relationship of such 
outlet to the foreign principal of such outlet, includ-
ing a description of the legal structure of such rela-
tionship and any funding that such outlet receives 
from such principal. 
‘‘(b) REPORTS BY COMMISSION TO CONGRESS.—Not 
later than 60 days after the date of the enactment of this 
section, and not less frequently than every 6 months there-
after, the Commission shall transmit to Congress a report 
that summarizes the contents of the reports submitted by 
United States-based foreign media outlets under sub-
section (a) during the preceding 6-month period. 
‘‘(c) PUBLIC AVAILABILITY.—The Commission shall 
make publicly available on the internet website of the 
Commission each report submitted by a United States- 
based foreign media outlet under subsection (a) not later 
than the earlier of—
787 
‘‘(1) the date that is 30 days after the outlet 
submits the report to the Commission; or 
‘‘(2) the date on which the Commission trans-
mits to Congress under subsection (b) the report 
covering the 6-month period during which the report 
of the outlet was submitted to the Commission 
under subsection (a). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) FOREIGN PRINCIPAL.—The term ‘foreign 
principal’ has the meaning given such term in sec-
tion 1(b)(1) of the Foreign Agents Registration Act 
of 1938 (22 U.S.C. 611(b)(1)). 
‘‘(2) UNITED
STATES-BASED
FOREIGN
MEDIA 
OUTLET.—The term ‘United States-based foreign 
media outlet’ means an entity that— 
‘‘(A) produces or distributes video pro-
gramming that is transmitted, or intended for 
transmission, by a multichannel video program-
ming distributor to consumers in the United 
States; and 
‘‘(B) would be an agent of a foreign prin-
cipal (as defined in paragraph (1)) for purposes 
of the Foreign Agents Registration Act of 1938 
(22 U.S.C. 611 et seq.) but for section 1(d) of 
such Act (22 U.S.C. 611(d)).’’.
788 
SEC. 1097. SENSE OF CONGRESS HONORING THE DOVER 
AIR FORCE BASE, DELAWARE, HOME TO THE 
436TH AIRLIFT WING, THE 512TH AIRLIFT 
WING, AND THE CHARLES C. CARSON CENTER 
FOR MORTUARY AFFAIRS. 
(a) FINDINGS.—Congress find the following: 
(1) The Dover Air Force Base is home more 
than 4,000 active-duty military and civilian employ-
ees tasked with defending the United States of 
America. 
(2) The Dover Air Force Base supports the 
mission of the 436th Airlift Wing, known as ‘‘Eagle 
Wing’’ and the 512th Airlift Wing, known as Liberty 
Wing. 
(3) The ‘‘Eagle Wing’’ serves as a unit of the 
Eighteenth Air Force headquartered with the Air 
Mobility Command at Scott Air Force Base in Illi-
nois. 
(4) The ‘‘Eagle Wing’’ flies hundreds of mis-
sions throughout the world and provides a quarter of 
the United States’ strategic airlift capability and 
boasts a global reach to over 100 countries around 
the world. 
(5) The Dover Air Force Base houses incredible 
aircrafts utilized by the United States Air Force, in-
789 
cluding the C-5M Super Galaxy and C-17A 
Globemaster III aircraft. 
(6) The Dover Air Force Base operates the 
largest and busiest air freight terminal in the De-
partment of Defense, fulfilling an important role in 
our Nation’s military. 
(7) The Air Mobility Command Museum is lo-
cated on the Dover Air Force base and welcomes 
thousands of visitors each year to learn more about 
the United States Air Force. 
(8) The Charles C. Carson Center for Mortuary 
Affairs fulfills our Nation’s sacred commitment of 
ensuring dignity, honor and respect to the fallen and 
care service and support to their families. 
(9) The mortuary mission at Dover Air Force 
Base dates back to 1955 and is the only Department 
of Defense mortuary in the continental United 
States. 
(10) Service members who serve at the Center 
for Mortuary Affairs are often so moved by their 
work that they voluntarily elect to serve multiple 
tours because they feel called to serve our fallen he-
roes. 
(b) SENSE OF CONGRESS.—Congress—
790 
(1) honors and expresses sincerest gratitude to 
the women and men of the Dover Air Force Base for 
their distinguished service; 
(2) acknowledges the incredible sacrifice and 
service of the families of active duty members of the 
United States military; 
(3) encourages the people of the United States 
to keep in their thoughts and their prayers the 
women and men of the United States Armed Forces; 
and 
(4) recognizes the incredibly unique and impor-
tant work of the Air Force Mortuary Affairs Oper-
ations and the role they play in honoring our fallen 
heroes. 
SEC. 1098. REPORT ON CAPACITY OF DEPARTMENT OF DE-
FENSE TO PROVIDE SURVIVORS OF NATURAL 
DISASTERS WITH EMERGENCY SHORT-TERM 
HOUSING. 
Not later than 220 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report analyzing 
the capacity of the Department of Defense to provide sur-
vivors of natural disasters with emergency short-term 
housing.
791 
SEC. 1099. STUDY ON RECRUITMENT OF STUDENTS WITH 
EXPERIENCE 
IN 
CERTAIN 
TECHNICAL 
FIELDS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study to determine how the Department 
of Defense can attract and recruit from institutions of 
higher education, including the institutions described in 
subsection (b), students with educational backgrounds in 
science, technology, engineering, and mathematics, includ-
ing the fields of artificial intelligence, machine learning, 
and cybersecurity. 
(b) INSTITUTIONS DESCRIBED.—The institutions de-
scribed in this subsection are— 
(1) Hispanic Serving Institutions (as defined in 
section 502 of the Higher Education Act of 1965 
(20 U.S.C. 1101a)); 
(2) Historically Black Colleges and Universities 
(as defined in section 322 of such Act (20 U.S.C. 
1061)); and 
(3) Asian American and Native American Pa-
cific Islander Serving Institutions (as defined in Sec-
tion 371(c) of such Act (20 U.S.C. 1067q(c)). 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
792 
port on the results of the study conducted under sub-
section (a). 
SEC. 1099A. SENSE OF CONGRESS ON THE BASING OF KC– 
46A AIRCRAFT OUTSIDE THE CONTINENTAL 
UNITED STATES. 
(a) FINDING.—Congress finds that the Department 
of Defense is continuing its process of permanently sta-
tioning KC–46A aircraft at installations in the continental 
United States and forward-basing outside the continental 
United States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Air Force, as part of the 
strategic basing process for KC–46A aircraft, should con-
tinue to consider the benefits derived from locations out-
side the continental United States that— 
(1) support day-to-day air refueling operations, 
operations plans of the combatant commands, and 
flexibility for contingency operations, and have— 
(A) a strategic location that is essential to 
the defense of the United States and its inter-
ests; 
(B) receivers for boom or probe-and-drogue 
training opportunities with joint and inter-
national partners; and
793 
(C) sufficient airfield and airspace avail-
ability and capacity to meet requirements; and 
(2) possess facilities that— 
(A) take full advantage of existing infra-
structure to provide— 
(i) runway, hangars, and aircrew and 
maintenance operations; and 
(ii) sufficient fuels receipt, storage, 
and distribution capacities for a 5-day 
peacetime operating stock; and 
(B) minimize overall construction and 
operational costs. 
SEC. 1099B. SENSE OF CONGRESS REGARDING EXPLOSIVE 
ORDNANCE DISPOSAL. 
It is the sense of Congress that— 
(1) military intelligence programs should be 
provided additional resources, authorities, and direc-
tion with respect to prevention of and response to 
bombings using explosive ordnance thereby ensuring 
the safety of the United States and its citizens; 
(2) additional explosive ordnance disposal intel-
ligence personnel are required to improve the ability 
of the intelligence community to safeguard the 
United States;
794 
(3) because of increasing use of explosive ord-
nance, which includes improvised explosive devices, 
the Secretary of Defense should make it a priority 
to enhance explosive ordnance disposal intelligence 
efforts to protect and safeguard the United States; 
and 
(4) Congress should work to develop a com-
prehensive response to the issue of prevention of 
bombings in recognition of the contributions made 
by the 122-military explosive ordnance disposal per-
sonnel that have died in the line of duty since the 
attacks on the World Trade Center and the Pen-
tagon. 
SEC. 1099C. AUTHORIZATION OF APPROPRIATIONS FOR RE-
SEARCH ON WOMEN’S CONTRIBUTIONS TO 
SECURITY. 
Of the amounts authorized to be appropriated or oth-
erwise made available for the Department of Defense for 
fiscal year 2019, $150,000 shall be made available for re-
search on women’s contributions to security at the Na-
tional Defense University Institute for National Strategic 
Studies.
795 
SEC. 1099D. NATIONAL STRATEGY FOR COUNTERING VIO-
LENT EXTREMISM. 
Section 1094(a)(2) of the National Defense Author-
ization Act for Fiscal Year 2018 (Public Law 115–91) is 
amended— 
(1) in subparagraph (A)(iv), by inserting ‘‘in-
cluding those led by women or focused on empow-
ering women,’’ after ‘‘groups,’’; 
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(3) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E): 
‘‘(E) Goals to— 
‘‘(i) support women’s leadership and 
full participation in preventing and coun-
tering violent extremism; 
‘‘(ii) reduce gender barriers to peace 
and security, such as gender-based violence 
and its harmful effects on individuals and 
communities; and 
‘‘(iii) address gender-specific drivers 
of radicalization and terrorist recruitment 
strategies.’’.
796 
SEC. 1099E. INCLUSION OF CERTAIN NAMES ON THE VIET-
NAM VETERANS MEMORIAL. 
The Secretary of Defense shall provide for the inclu-
sion on the Vietnam Veterans Memorial in the District 
of Columbia the names of the seventy-four crew members 
of the USS Frank E. Evans killed on June 3, 1969. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
SEC. 1101. DIRECT HIRE AUTHORITY FOR THE DEPART-
MENT OF DEFENSE FOR CERTAIN COMPETI-
TIVE SERVICE POSITIONS. 
(a) IN GENERAL.—Chapter 99 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 9905. Direct hire authority for certain personnel of 
the Department of Defense 
‘‘(a) IN GENERAL.—The Secretary of Defense may 
appoint, without regard to the provisions of subchapter I 
of chapter 33 (other than sections 3303 and 3328 of such 
chapter), qualified candidates to any of the following posi-
tions in the competitive service in the Department of De-
fense: 
‘‘(1) Any position involved with Department 
maintenance activities, including depot-level mainte-
nance and repair. 
‘‘(2) Any position involved with cybersecurity.
797 
‘‘(3) Any individual in the acquisition workforce 
that manages any services contracts necessary to the 
operation and maintenance of programs of the De-
partment. 
‘‘(4) Any science, technology, or engineering po-
sition, including any such position at the Major 
Range and Test Facilities Base, in order to allow de-
velopment of new systems and provide for the main-
tenance of legacy systems. 
‘‘(b) SUNSET.—Effective on September 30, 2025, the 
authority provided under subsection (a) shall expire.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 99 of such title is amended 
by inserting after the item relating to section 9904 the 
following new item: 
‘‘9905. Direct hire authority for certain personnel of the Department of De-
fense.’’. 
SEC. 1102. MODIFICATION OF DIRECT HIRE AUTHORITY 
FOR THE DEPARTMENT OF DEFENSE FOR 
POST-SECONDARY STUDENTS AND RECENT 
GRADUATES. 
(a) IN GENERAL.—Chapter 99 of title 5, United 
States Code, as amended by section 1101(a), is further 
amended by adding at the end the following:
798 
‘‘§ 9906. Direct hire authority for the Department of 
Defense for post-secondary students and 
recent graduates 
‘‘(a) IN GENERAL.—Without regard to sections 3309 
through 3318, 3327, and 3330, the Secretary of Defense 
may recruit and appoint qualified recent graduates and 
current post-secondary students to competitive service po-
sitions in professional and administrative occupations 
within the Department of Defense. 
‘‘(b) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall admin-
ister this section in accordance with regulations pre-
scribed by the Secretary for purposes of this section. 
‘‘(2) PUBLIC NOTICE AND ADVERTISING.—To 
the extent practical, as determined by the Secretary, 
the Secretary shall publicly advertise positions avail-
able under this section. In carrying out the pre-
ceding sentence, the Secretary shall— 
‘‘(A) take into account merit system prin-
ciples, mission requirements, costs, and organi-
zational benefits of any advertising of positions; 
and 
‘‘(B) advertise such positions in the man-
ner the Secretary determines is most likely to 
provide diverse and qualified candidates and en-
799 
sure potential applicants have appropriate infor-
mation relevant to the positions available. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘current post-secondary student’ 
means a person who— 
‘‘(A) is currently enrolled in, and in good 
academic standing at, a full-time program at an 
institution of higher education; 
‘‘(B) is making satisfactory progress to-
ward receipt of a baccalaureate or graduate de-
gree; and 
‘‘(C) has completed at least one year of the 
program; 
‘‘(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); 
and 
‘‘(3) the term ‘recent graduate’, with respect to 
appointment of a person under this section, means 
a person who was awarded a degree by an institu-
tion of higher education not more than two years be-
fore the date of the appointment of such person, ex-
cept that in the case of a person who has completed 
a period of obligated service in a uniformed service 
of more than four years, such term means a person
800 
who was awarded a degree by an institution of high-
er education not more than four years before the 
date of the appointment of such person. 
‘‘(d) SUNSET.—Effective on September 30, 2025, the 
authority provided under this section shall expire.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 99 of such title, as amended 
by section 1101(b), is further amended by inserting after 
the item relating to section 9905 the following new item: 
‘‘9906. Direct hire authority for the Department of Defense for post-secondary 
students and recent graduates.’’. 
(c) REPEAL.—Section 1106 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328) is repealed. 
SEC. 1103. EXTENSION OF OVERTIME RATE AUTHORITY 
FOR DEPARTMENT OF THE NAVY EMPLOYEES 
PERFORMING WORK ABOARD OR DOCKSIDE 
IN SUPPORT OF THE NUCLEAR-POWERED 
AIRCRAFT CARRIER FORWARD DEPLOYED IN 
JAPAN. 
Section 5542(a)(6)(B) of title 5, United States Code, 
is amended by striking ‘‘September 30, 2019’’ and insert-
ing ‘‘September 30, 2021’’.
801 
SEC. 1104. ONE-YEAR EXTENSION AND EXPANSION OF AU-
THORITY TO WAIVE ANNUAL LIMITATION ON 
PREMIUM PAY AND AGGREGATE LIMITATION 
ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 
WORKING OVERSEAS. 
(a) IN GENERAL.—Section 1101(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4615), as 
most recently amended by section 1105 of the National 
Defense Authorization Act for Fiscal Year 2018 (Public 
Law 115–91), is amended by striking ‘‘through 2018’’ and 
inserting ‘‘through 2019’’. 
(b) APPLICABILITY OF AGGREGATE LIMITATION ON 
PAY.—Section 1101(b) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4615) is amended to read as fol-
lows: 
‘‘(b) APPLICABILITY OF AGGREGATE LIMITATION ON 
PAY.—In applying section 5307 of title 5, United States 
Code, any payment in addition to basic pay for a period 
of time during which a waiver under subsection (a) is in 
effect shall not be counted as part of an employee’s aggre-
gate compensation for the given calendar year.’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on January 
1, 2019.
802 
SEC. 1105. APPOINTMENT OF RETIRED MEMBERS OF THE 
ARMED FORCES TO POSITIONS IN OR UNDER 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—During fiscal years 2018 through 
2021, in addition to the authority provided under para-
graphs (1) and (2) of subsection (b) of section 3326 of 
title 5, United States Code, and consistent with the re-
quirements of such section, a retired member of the armed 
forces may be appointed under such subsection if— 
(1) the Department of Defense (including a 
nonappropriated fund instrumentality under the ju-
risdiction of the armed forces) has been granted di-
rect hire authority to fill the position; 
(2) the appointment is to fill an emergency ap-
pointment for which the Secretary concerned or his 
designee for the purpose determines competitive ap-
pointment is not appropriate or reasonable due to 
the need to fill the emergency need as quickly as 
possible; or 
(3) the appointment is for a highly qualified ex-
pert under section 9903 of such title. 
(b) BRIEFING.—Not later than 90 days after the end 
of each of fiscal years 2018 through 2021, the Secretary 
of Defense shall provide a briefing to the Committee on 
Armed Services of the House of Representatives and the
803 
Committee on Oversight and Government Reform of the 
House of Representatives including— 
(1) with respect to the waiver process under 
section 3326(b)(1) of title 5, United States Code— 
(A) the number of individuals appointed 
during the most recently ended fiscal year 
under such process; and 
(B) the Department of Defense’s plan on 
the use of such process during the fiscal year 
in which the briefing is provided; 
(2) the number of individuals— 
(A) appointed under the authority provided 
by subsection (a) during the most recently 
ended fiscal year; and 
(B) expected to be appointed under such 
subsection during the fiscal year in which the 
briefing is provided; and 
(3) the impact of subsection (a) on the manage-
ment of the Department civilian workforce during 
the most recently ended fiscal year. 
SEC. 
1106. 
EXTENSION 
OF 
AUTHORITY 
TO 
CONDUCT 
TELEWORK TRAVEL EXPENSES TEST PRO-
GRAMS. 
(a) IN GENERAL.—Section 5711(g) of title 5, United 
States Code, is amended by striking ‘‘7 years after the
804 
date of the enactment of the Telework Enhancement Act 
of 2010’’ and inserting ‘‘on December 31, 2020’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as though enacted on De-
cember 1, 2017. 
SEC. 1107. PERSONNEL DEMONSTRATION PROJECTS. 
Section 4703 of title 5, United States Code, is 
amended— 
(1) in subsection (d), by striking paragraph (2) 
and inserting the following: 
‘‘(2)(A) Except as provided in subparagraph (B), not 
more than 10 active demonstration projects may be in ef-
fect at any time. 
‘‘(B) Any demonstration project authorized under 
this section that is active for a period greater than 10 
years shall not count for purposes of applying the limita-
tion in subparagraph (A).’’; and 
(2) by adding at the end the following: 
‘‘(j) Each agency at which a demonstration project 
is ongoing shall submit an annual report to the Office of 
Personnel Management, the Office and Management and 
Budget, the Committee on Homeland Security and Gov-
ernmental Affairs of the United States Senate, and the 
Committee on Oversight and Government Reform of the 
United States House of Representatives that includes—
805 
‘‘(1) the aggregate performance appraisal rat-
ings and compensation costs for employees under a 
demonstration project; 
‘‘(2) an assessment of the results of the dem-
onstration project, including its impact on mission 
goals, employee recruitment, retention, and satisfac-
tion, and which may include the results of the survey 
authorized under section 1128 of the National De-
fense Authorization Act for Fiscal Year 2004 (Pub-
lic Law 108–136; 5 U.S.C. 7101 note), commonly 
referred to as the Federal Employee Viewpoint Sur-
vey, and performance management for employees; 
and 
‘‘(3) a comparison of the items listed in (1) and 
(2) with employees not covered by the demonstration 
project.’’. 
SEC. 1108. EXPANDED FLEXIBILITY IN SELECTING CAN-
DIDATES FROM REFERRAL LISTS. 
(a) EXPANDED FLEXIBILITY.—Subchapter I of chap-
ter 33 of title 5, United States Code, is amended by strik-
ing sections 3317 and 3318 and inserting the following: 
‘‘§ 3317. Competitive service; certification using nu-
merical ratings 
‘‘(a) CERTIFICATION.—
806 
‘‘(1) IN GENERAL.—The Director of the Office 
of Personnel Management, or the head of an agency 
to which the Director has delegated examining au-
thority under section 1104(a)(2), shall certify a suf-
ficient number of names from the top of the appro-
priate register or list of eligibles, as determined pur-
suant to regulations prescribed under subsection (c), 
and provide a certificate with such names to an ap-
pointing authority that has requested a certificate of 
eligibles to consider when filling a job in the com-
petitive service. 
‘‘(2) MINIMUM
NUMBER
OF
NAMES
CER-
TIFIED.—Unless otherwise provided for in regula-
tions prescribed under subsection (c), the number of 
names certified under paragraph (1) shall be not 
less than three. 
‘‘(b) DISCONTINUANCE OF CERTIFICATION.—When 
an appointing authority, for reasons considered sufficient 
by the Director or head of an agency, has three times con-
sidered and passed over a preference eligible who was cer-
tified from a register, the Director or head of any agency 
may discontinue certifying the preference eligible for ap-
pointment. The Director or the head of an agency shall 
provide to such preference eligible notice of the intent to
807 
discontinue certifying such preference eligible prior to the 
discontinuance of certification. 
‘‘(c) REGULATIONS.—The Director shall prescribe 
regulations for the administration of this section. Such 
regulations shall include the establishment of mechanisms 
for identifying the eligibles who will be considered for each 
vacancy. Such mechanisms may include cut-off scores. 
‘‘(d) DEFINITION.—In this section, the term ‘Direc-
tor’ means the Director of the Office of Personnel Man-
agement. 
‘‘§ 3318. Competitive service; selections using numer-
ical ratings 
‘‘(a) IN GENERAL.—An appointing authority shall se-
lect for appointment from the eligibles certified for ap-
pointment on a certificate furnished under section 
3317(a), unless objection to one or more of the individuals 
certified is made to, and sustained by, the Director of the 
Office of Personnel Management or the head of an agency 
to which the Director has delegated examining authority 
under section 1104(a)(2), for proper and adequate reason 
under regulations prescribed by the Director. 
‘‘(b) OTHER APPOINTING AUTHORITIES.— 
‘‘(1) IN GENERAL.—During the 240-day period 
beginning on the date of issuance of a certificate of 
eligibles under section 3317(a), an appointing au-
808 
thority other than the appointing authority request-
ing the certificate (in this subsection referred to as 
the ‘other appointing authority’) may select an indi-
vidual from that certificate in accordance with this 
subsection for an appointment to a position that 
is— 
‘‘(A) in the same occupational series as the 
position for which the certification of eligibles 
was issued (in this subsection referred to as the 
‘original position’); and 
‘‘(B) at a similar grade level as the origi-
nal position. 
‘‘(2) APPLICABILITY.—An appointing authority 
requesting a certificate of eligibles may share the 
certificate with another appointing authority only if 
the announcement of the original position provided 
notice that the resulting list of eligible candidates 
may be used by another appointing authority. 
‘‘(3) REQUIREMENTS.—The selection of an in-
dividual under paragraph (1)— 
‘‘(A) shall be made in accordance with sub-
section (a); and 
‘‘(B) subject to paragraph (4), may be 
made without any additional posting under sec-
tion 3327.
809 
‘‘(4) INTERNAL NOTICE.—Before selecting an 
individual under paragraph (1), the other appointing 
authority shall— 
‘‘(A) provide notice of the available posi-
tion to employees of the other appointing au-
thority; 
‘‘(B) provide up to 10 business days for 
employees of the other appointing authority to 
apply for the position; and 
‘‘(C) review the qualifications of employees 
submitting an application. 
‘‘(c) PASS OVER.— 
‘‘(1) IN
GENERAL.—Subject to subparagraph 
(2), if an appointing authority proposes to pass over 
a preference eligible certified for appointment under 
subsection (a) and select an individual who is not a 
preference eligible, the appointing authority shall file 
written reasons with the Director or the head of the 
agency for passing over the preference eligible. The 
Director or the head of the agency shall make the 
reasons presented by the appointing authority part 
of the record of the preference eligible and may re-
quire the submission of more detailed information 
from the appointing authority in support of the 
passing over of the preference eligible. The Director
810 
or the head of the agency shall determine the suffi-
ciency or insufficiency of the reasons submitted by 
the appointing authority, taking into account any re-
sponse received from the preference eligible under 
paragraph (2). When the Director or the head of the 
agency has completed review of the proposed pass- 
over of the preference eligible, the Director or the 
head of the agency shall send its findings to the ap-
pointing authority and to the preference eligible. The 
appointing authority shall comply with the findings. 
‘‘(2) PREFERENCE ELIGIBLE INDIVIDUALS WHO 
HAVE
A
COMPENSABLE
SERVICE-CONNECTED
DIS-
ABILITY.—In the case of a preference eligible de-
scribed in section 2108(3)(C) who has a compen-
sable service-connected disability of 30 percent or 
more, the appointing authority shall notify the Di-
rector under paragraph (1) and, at the same time, 
notify the preference eligible of the proposed pass- 
over, of the reasons for the proposed pass-over, and 
of the individual’s right to respond to those reasons 
to the Director within 15 days of the date of the no-
tification. The Director shall, before completing the 
review under paragraph (1), require a demonstration 
by the appointing authority that the notification was
811 
timely sent to the preference eligible’s last known 
address. 
‘‘(3) 
FURTHER
CONSIDERATION
NOT
RE-
QUIRED.—When a preference eligible, for reasons 
considered sufficient by the Director, or in the case 
of a preference eligible described in paragraph (1), 
by the head of an agency, has been passed over in 
accordance with this subsection for the same posi-
tion, the appointing authority is not required to give 
further consideration to that preference eligible while 
selecting from the same list for a subsequent ap-
pointment to such position. 
‘‘(4) DELEGATION PROHIBITION.—In the case 
of a preference eligible described in paragraph (2), 
the functions of the Director under this subsection 
may not be delegated to an individual who is not an 
officer or employee of the Office of Personnel Man-
agement. 
‘‘(d) SPECIAL RULE REGARDING REEMPLOYMENT 
LISTS.—When the names of preference eligibles are on a 
reemployment list appropriate for the position to be filled, 
an appointing authority may appoint from a register of 
eligibles established after examination only an individual 
who qualifies as a preference eligible under subparagraph 
(C), (D), (E), (F), or (G) of section 2108(3).
812 
‘‘(e) CONSIDERATION NOT REQUIRED.—In accord-
ance with regulations prescribed by the Director, an ap-
pointing officer is not required to consider an eligible who 
has been considered by the appointing officer for three 
separate appointments from the same or different certifi-
cates for the same position. 
‘‘(f) REGULATIONS.—The Director shall prescribe 
regulations for the administration of this section. 
‘‘(d) DEFINITION.—In this section, the term ‘Direc-
tor’ means the Director of the Office of Personnel Man-
agement.’’. 
(b) CONFORMING AMENDMENTS.—Such subchapter 
is further amended— 
(1) in section 3319— 
(A) by amending the section heading to 
read as follows: 
‘‘§ 3319. Competitive service; selection using category 
rating’’; 
and 
(B) in subsection (c), by striking para-
graph (6), redesignating paragraph (7) as para-
graph (6), and amending paragraph (6) (as so 
redesignated) to read as follows: 
‘‘(6) PREFERENCE ELIGIBLES.—
813 
‘‘(A) SATISFACTION OF CERTAIN REQUIRE-
MENTS.—Notwithstanding paragraphs (1) and 
(2), an appointing official may not pass over a 
preference eligible in the same category from 
which selection is made, unless the require-
ments of sections 3317(b) and 3318(c), as ap-
plicable, are satisfied. 
‘‘(B) FURTHER CONSIDERATION NOT RE-
QUIRED.—When a preference eligible, for rea-
sons considered sufficient by the Director, or in 
the case of a preference eligible described in 
section 3318(c)(1), by the head of an agency, 
has been passed over in accordance with section 
3318(c) for the same position, the appointing 
authority is not required to give further consid-
eration to that preference eligible while select-
ing from the same list for a subsequent ap-
pointment to such position. 
‘‘(C) LIST OF ELIGIBLES ISSUED FROM A 
STANDING
REGISTER; 
DISCONTINUATION
OF 
CERTIFICATION.—In the case of lists of eligibles 
issued from a standing register, when an ap-
pointing authority, for reasons considered suffi-
cient by the Director or the head of an agency, 
has three times considered and passed over a
814 
preference eligible who was certified from a reg-
ister, certification of the preference eligible for 
appointment may be discontinued. However, the 
preference eligible is entitled to advance notice 
of discontinuance of certification in accordance 
with regulations prescribed by the Director.’’; 
and 
(2) in the first sentence of section 3320, by 
striking ‘‘sections 3308–3318’’ and inserting ‘‘sec-
tions 3308 through 3319’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by striking 
the items relating to sections 3317, 3318, and 3319 and 
inserting the following: 
‘‘3317. Competitive service; certification using numerical ratings 
‘‘3318. Competitive service; selection using numerical ratings 
‘‘3319. Competitive service; selection using category rating’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date on which 
the Director of the Office of Personnel Management 
issues final regulations to implement sections 3317, 
3318, and 3319 of title 5, United States Code, as 
amended or added by this section. 
(2) REGULATIONS
REQUIRED.—The Director 
shall issue regulations under paragraph (1) not later
815 
than one year after the date of enactment of this 
section. 
SEC. 1109. TEMPORARY AND TERM APPOINTMENTS IN THE 
COMPETITIVE SERVICE. 
(a) TEMPORARY AND TERM APPOINTMENTS.—Sub-
chapter I of chapter 31 of title 5, United States Code, 
is amended by adding at the end the following: 
‘‘§ 3115. Temporary and term appointments 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Personnel Management. 
‘‘(2) TEMPORARY
APPOINTMENT.—The term 
‘temporary appointment’ means an appointment in 
the competitive service for a period of not more than 
1 year. 
‘‘(3) TERM
APPOINTMENT.—The term ‘term 
appointment’ means an appointment in the competi-
tive service for a period of more than 1 year and not 
more than 5 years. 
‘‘(b) APPOINTMENT.— 
‘‘(1) IN GENERAL.—The head of an Executive 
agency may make a temporary appointment or term 
appointment to a position in the competitive service 
when the need for the services of the employee serv-
ices is not permanent.
816 
‘‘(2) EXTENSION.—Under conditions prescribed 
by the Director, the head of an Executive agency 
may— 
‘‘(A) extend a temporary appointment 
made under paragraph (1) in increments of not 
more than 1 year, up to a maximum of 3 total 
years of service; and 
‘‘(B) extend a term appointment made 
under paragraph (1) in increments determined 
appropriate by the head of the Executive agen-
cy, up to a maximum of 6 total years of service. 
‘‘(c) 
APPOINTMENTS
FOR
CRITICAL
HIRING 
NEEDS.—Under conditions prescribed by the Director, the 
head of an Executive agency may make a noncompetitive 
temporary appointment, or a noncompetitive term ap-
pointment for a period of not more than 18 months, to 
a position in the competitive service for which a critical 
hiring need exists, without regard to the requirements of 
sections 3327 and 3330. An appointment made under this 
subsection may not be extended. 
‘‘(d) REGULATIONS.—The Director may prescribe 
regulations to carry out this section, but is not required 
to promulgate regulations prior to implementation of this 
section.
817 
‘‘(e) SPECIAL PROVISION REGARDING THE DEPART-
MENT OF DEFENSE.—Nothing in this section shall pre-
clude the Secretary of Defense from making temporary 
and term appointments in the competitive service pursu-
ant to section 1105 of the National Defense Authorization 
Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Pub-
lic Law 114–328; 130 Stat. 2447), and any regulations 
prescribed by the Director for the administration of this 
section shall not apply to the Secretary of Defense in the 
exercise of the authorities granted under such section 
1105.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 31 of title 5, United States Code, is amended 
by inserting after the item relating to section 3114 the 
following: 
‘‘3115. Temporary and term appointments.’’. 
SEC. 1110. EXPEDITED HIRING AUTHORITY FOR COLLEGE 
GRADUATES 
AND 
POST-SECONDARY 
STU-
DENTS. 
(a) IN GENERAL.—Subchapter I of chapter 31 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 3115. Expedited hiring authority for college grad-
uates; competitive service 
‘‘(a) DEFINITIONS.—In this section:
818 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Personnel Management. 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(b) APPOINTMENT.— 
‘‘(1) IN GENERAL.—The head of an agency may 
appoint, without regard to any provision of sections 
3309 through 3319 and 3330, a qualified individual 
to a position in the competitive service classified in 
a professional or administrative occupational cat-
egory at the GS–11 level, or an equivalent level, or 
below. 
‘‘(2) RESTRICTIONS.—An appointment under 
paragraph (1) shall be made in accordance with reg-
ulations prescribed by the Director. 
‘‘(c) QUALIFICATIONS
FOR
APPOINTMENT.—The 
head of an agency may make an appointment under sub-
section (b) only if the individual being appointed— 
‘‘(1) has received a baccalaureate or graduate 
degree from an institution of higher education; 
‘‘(2) applies for the position—
819 
‘‘(A) not later than 2 years after the date 
on which the individual being appointed re-
ceived the degree described in paragraph (1); or 
‘‘(B) in the case of an individual who has 
completed a period of not less than 4 years of 
obligated service in a uniformed service, not 
later than 2 years after the date of the dis-
charge or release of the individual from that 
service; and 
‘‘(3) meets each minimum qualification stand-
ard prescribed by the Director for the position to 
which the individual is being appointed. 
‘‘(d) PUBLIC NOTICE AND ADVERTISING.— 
‘‘(1) IN
GENERAL.—The head of an agency 
making an appointment under subsection (b) shall 
publicly advertise positions under this section. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the head of an agency shall— 
‘‘(A) adhere to merit system principles; 
‘‘(B) advertise positions in a manner that 
provides for diverse and qualified applicants; 
and 
‘‘(C) ensure potential applicants have ap-
propriate information relevant to the positions 
available.
820 
‘‘(e) LIMITATION ON APPOINTMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the total number of employees that the 
head of an agency may appoint under this section 
during a fiscal year may not exceed the number 
equal to 15 percent of the number of individuals 
that the agency head appointed during the previous 
fiscal year to a position in the competitive service 
classified in a professional or administrative occupa-
tional category, at the GS–11 level, or an equivalent 
level, or below, under a competitive examining proce-
dure. 
‘‘(2) EXCEPTIONS.—Under a regulation pre-
scribed under subsection (f), the Director may estab-
lish a lower limit on the number of individuals that 
may be appointed under paragraph (1) of this sub-
section during a fiscal year based on any factor the 
Director considers appropriate. 
‘‘(f) REGULATIONS.—Not later than 180 days after 
the date of enactment of the Direct Hire of Students and 
Recent Graduates Act of 2017, the Director shall issue 
interim regulations, with an opportunity for comment, for 
the administration of this section. 
‘‘(g) REPORTING.—
821 
‘‘(1) IN GENERAL.—Not later than September 
30 of each of the first 3 fiscal years beginning after 
the date of enactment of the Direct Hire of Students 
and Recent Graduates Act of 2017, the head of an 
agency that makes an appointment under this sec-
tion shall submit to Congress a report assessing the 
impact of the use of the authority provided under 
this section during the fiscal year in which the re-
port is submitted. 
‘‘(1) IN GENERAL.—Not later than September 
30 of each of the first 3 fiscal years beginning after 
the date of enactment of the Direct Hire of Students 
and Recent Graduates Act of 2017, the head of an 
agency that makes an appointment under this sec-
tion shall submit a report to— 
‘‘(A) Congress that assesses the impact of 
the use of the authority provided under this 
section during the fiscal year in which the re-
port is submitted; and 
‘‘(B) the Director that contains data that 
the Director considers necessary for the Direc-
tor to assess the impact and effectiveness of the 
authority described in subparagraph (A). 
‘‘(2) CONTENT.—The head of an agency shall 
include in each report under paragraph (1)—
822 
‘‘(A) the total number of individuals ap-
pointed by the agency under this section, as 
well as the number of such individuals who 
are— 
‘‘(i) minorities or members of other 
underrepresented groups; or 
‘‘(ii) veterans; 
‘‘(B) recruitment sources; 
‘‘(C) the total number of individuals ap-
pointed by the agency during the applicable fis-
cal year to a position in the competitive service 
classified in a professional or administrative oc-
cupational category at the GS–11 level, or an 
equivalent level, or below; and 
‘‘(D) any additional data specified by the 
Director. 
‘‘(h) SPECIAL PROVISION REGARDING THE DEPART-
MENT OF DEFENSE.— 
‘‘(1) AUTHORITY.—Nothing in this section shall 
preclude the Secretary of Defense from exercising 
any authority to appoint a recent graduate under 
section 1106 of the National Defense Authorization 
Act for Fiscal Year 2017 (10 U.S.C. note prec. 
1580), or any applicable successor statute.
823 
‘‘(2) 
REGULATIONS.—Any 
regulations 
pre-
scribed by the Director for the administration of this 
section shall not apply to the Department of Defense 
during the period ending on the date on which the 
appointment authority of the Secretary of Defense 
under section 1106 of the National Defense Author-
ization Act for Fiscal Year 2017 (10 U.S.C. note 
prec. 1580), or any applicable successor statute, ter-
minates. 
‘‘§ 3116. Expedited hiring authority for post-sec-
ondary students; competitive service 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Personnel Management. 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(3) STUDENT.—The term ‘student’ means an 
individual enrolled or accepted for enrollment in an 
institution of higher education who is pursuing a 
baccalaureate or graduate degree on at least a part- 
time basis as determined by the institution of higher 
education. 
‘‘(b) APPOINTMENT.—
824 
‘‘(1) IN GENERAL.—The head of an agency may 
make a time-limited appointment of a student, with-
out regard to any provision of sections 3309 through 
3319 and 3330, to a position in the competitive 
service at the GS–11 level, or an equivalent level, or 
below for which the student is qualified. 
‘‘(2) RESTRICTIONS.—An appointment under 
paragraph (1) shall be made in accordance with reg-
ulations prescribed by the Director. 
‘‘(c) PUBLIC NOTICE.— 
‘‘(1) IN
GENERAL.—The head of an agency 
making an appointment under subsection (b) shall 
publicly advertise positions available under this sec-
tion. 
‘‘(2) REQUIREMENTS.—In carrying out para-
graph (1), the head of an agency shall— 
‘‘(A) adhere to merit system principles; 
‘‘(B) advertise positions in a manner that 
provides for diverse and qualified applicants; 
and 
‘‘(C) ensure potential applicants have ap-
propriate information relevant to the positions 
available. 
‘‘(d) LIMITATION ON APPOINTMENTS.—
825 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the total number of students that the 
head of an agency may appoint under this section 
during a fiscal year may not exceed the number 
equal to 15 percent of the number of students that 
the agency head appointed during the previous fiscal 
year to a position in the competitive service at the 
GS–11 level, or an equivalent level, or below. 
‘‘(2) EXCEPTIONS.—Under a regulation pre-
scribed under subsection (g), the Director may es-
tablish a lower limit on the number of students that 
may be appointed under paragraph (1) of this sub-
section during a fiscal year based on any factor the 
Director considers appropriate. 
‘‘(e) CONVERSION.—The head of an agency may, 
without regard to any provision of chapter 33 or any other 
provision of law relating to the examination, certification, 
and appointment of individuals in the competitive service, 
convert a student serving in an appointment under sub-
section (b) to a permanent appointment in the competitive 
service within the agency without further competition if 
the student— 
‘‘(1) has completed the course of study leading 
to the baccalaureate or graduate degree;
826 
‘‘(2) has completed not less than 640 hours of 
current continuous employment in an appointment 
under subsection (b); and 
‘‘(3) meets the qualification standards for the 
position to which the student will be converted. 
‘‘(f) TERMINATION.—The head of an agency shall, 
without regard to any provision of chapter 35 or 75, termi-
nate the appointment of a student appointed under sub-
section (b) upon completion of the designated academic 
course of study unless the student is selected for conver-
sion under subsection (e). 
‘‘(g) REGULATIONS.—Not later than 180 days after 
the date of enactment of the Direct Hire of Students and 
Recent Graduates Act of 2017, the Director shall issue 
interim regulations, with an opportunity for comment, for 
the administration of this section. 
‘‘(h) REPORTING.— 
‘‘(1) IN GENERAL.—Not later than September 
30 of each of the first 3 fiscal years beginning after 
the date of enactment of the Direct Hire of Students 
and Recent Graduates Act of 2017, the head of an 
agency that makes an appointment under this sec-
tion shall submit a report to— 
‘‘(A) Congress that assesses the impact of 
the use of the authority provided under this
827 
section during the fiscal year in which the re-
port is submitted; and 
‘‘(B) the Director that contains data that 
the Director considers necessary for the Direc-
tor to assess the impact and effectiveness of the 
authority described in subparagraph (A). 
‘‘(2) CONTENT.—The head of an agency shall 
include in each report under paragraph (1)— 
‘‘(A) the total number of individuals ap-
pointed by the agency under this section, as 
well as the number of such individuals who 
are— 
‘‘(i) minorities or members of other 
underrepresented groups; or 
‘‘(ii) veterans; 
‘‘(B) recruitment sources; 
‘‘(C) the total number of individuals ap-
pointed by the agency during the applicable fis-
cal year to a position in the competitive service 
at the GS–11 level, or an equivalent level, or 
below; and 
‘‘(D) any additional data specified by the 
Director. 
‘‘(i) SPECIAL PROVISION REGARDING THE DEPART-
MENT OF DEFENSE.—
828 
‘‘(1) AUTHORITY.—Nothing in this section shall 
preclude the Secretary of Defense from exercising 
any authority to appoint a post-secondary student 
under section 1106 of the National Defense Author-
ization Act for Fiscal Year 2017 (10 U.S.C. note 
prec. 1580), or any applicable successor statute. 
‘‘(2) 
REGULATIONS.—Any 
regulations 
pre-
scribed by the Director for the administration of this 
section shall not apply to the Department of Defense 
during the period ending on the date on which the 
appointment authority of the Secretary of Defense 
under section 1106 of the National Defense Author-
ization Act for Fiscal Year 2017 (10 U.S.C. note 
prec. 1580), or any applicable successor statute, ter-
minates.’’. 
(b) TABLE OF SECTIONS AMENDMENTS.—The table 
of sections for subchapter I of chapter 31 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘3115. Expedited hiring authority for college graduates; competitive service. 
‘‘3116. Expedited hiring authority for post-secondary students; competitive serv-
ice.’’. 
SEC. 1111. PRESIDENTIAL ALLOWANCE MODERNIZATION. 
(a) FORMER PRESIDENTS.—The first section of the 
Act entitled ‘‘An Act to provide retirement, clerical assist-
ants, and free mailing privileges to former Presidents of 
the United States, and for other purposes’’, approved Au-
829 
gust 25, 1958 (commonly known as the ‘‘Former Presi-
dents Act of 1958’’) (3 U.S.C. 102 note), is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; 
(2) by striking the matter preceding subsection 
(e) and inserting the following: 
‘‘(a) ANNUITIES AND ALLOWANCES.— 
‘‘(1) ANNUITY.—Each former President shall 
be entitled to receive from the United States an an-
nuity, subject to subsections (b) and (c)— 
‘‘(A) at the rate of $200,000 per year; and 
‘‘(B) which shall commence on the day 
after the date on which an individual becomes 
a former President. 
‘‘(2) ALLOWANCE.—The General Services Ad-
ministration is authorized to provide each former 
President a monetary allowance, subject to appro-
priations and subsections (b), (c), and (d), at the 
rate of— 
‘‘(A) $500,000 per year for 5 years begin-
ning on the day after the last day of the period 
described in the first sentence of section 5 of 
the Presidential Transition Act of 1963 (3 
U.S.C. 102 note);
830 
‘‘(B) $350,000 per year for the 5 years fol-
lowing the 5-year period under subparagraph 
(A); and 
‘‘(C) $250,000 per year thereafter. 
‘‘(b) DURATION; FREQUENCY.— 
‘‘(1) IN GENERAL.—The annuity and monetary 
allowance under subsection (a) shall— 
‘‘(A) terminate on the date that is 30 days 
after the date on which the former President 
dies; and 
‘‘(B) be payable by the Secretary of the 
Treasury on a monthly basis. 
‘‘(2) APPOINTIVE OR ELECTIVE POSITIONS.— 
The annuity and monetary allowance under sub-
section (a) shall not be payable for any period dur-
ing which a former President holds an appointive or 
elective position in or under the Federal Government 
to which is attached a rate of pay other than a 
nominal rate. 
‘‘(c) COST-OF-LIVING INCREASES.—Effective Decem-
ber 1 of each year, each annuity and monetary allowance 
under subsection (a) that commenced before that date 
shall be increased by the same percentage by which benefit 
amounts under title II of the Social Security Act (42 
U.S.C. 401 et seq.) are increased, effective as of that date,
831 
as a result of a determination under section 215(i) of that 
Act (42 U.S.C. 415(i)). 
‘‘(d) LIMITATION ON MONETARY ALLOWANCE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, the monetary allowance 
payable under subsection (a)(2) to a former Presi-
dent for any 12-month period— 
‘‘(A) except as provided in subparagraph 
(B), may not exceed the amount by which— 
‘‘(i) the monetary allowance that (but 
for this subsection) would otherwise be so 
payable for the 12-month period, exceeds 
(if at all) 
‘‘(ii) the applicable reduction amount 
for the 12-month period; and 
‘‘(B) shall not be less than the amount de-
termined under paragraph (4). 
‘‘(2) DEFINITION.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the term ‘applicable reduction 
amount’ means, with respect to any former 
President and in connection with any 12-month 
period, the amount by which— 
‘‘(i) the earned income (as defined in 
section 32(c)(2) of the Internal Revenue
832 
Code of 1986) of the former President for 
the most recent taxable year for which a 
tax return is available, exceeds (if at all) 
‘‘(ii) $400,000, subject to subpara-
graph (C). 
‘‘(B) JOINT RETURNS.—In the case of a 
joint return, subparagraph (A)(i) shall be ap-
plied by taking into account both the amounts 
properly allocable to the former President and 
the amounts properly allocable to the spouse of 
the former President. 
‘‘(C) COST-OF-LIVING
INCREASES.—The 
dollar amount specified in subparagraph (A)(ii) 
shall be adjusted at the same time that, and by 
the same percentage by which, the monetary al-
lowance of the former President is increased 
under subsection (c) (disregarding this sub-
section). 
‘‘(3) DISCLOSURE REQUIREMENT.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the terms ‘return’ and ‘return in-
formation’ have the meanings given those 
terms in section 6103(b) of the Internal 
Revenue Code of 1986; and
833 
‘‘(ii) the term ‘Secretary’ means the 
Secretary of the Treasury or the Secretary 
of the Treasury’s delegate. 
‘‘(B) REQUIREMENT.—A former President 
may not receive a monetary allowance under 
subsection (a)(2) unless the former President 
discloses to the Secretary, upon the request of 
the Secretary, any return or return information 
of the former President or spouse of the former 
President that the Secretary determines is nec-
essary for purposes of calculating the applicable 
reduction amount under paragraph (2) of this 
subsection. 
‘‘(C) CONFIDENTIALITY.—Except as pro-
vided in section 6103 of the Internal Revenue 
Code of 1986 and notwithstanding any other 
provision of law, the Secretary may not, with 
respect to a return or return information dis-
closed to the Secretary under subparagraph 
(B)— 
‘‘(i) disclose the return or return in-
formation to any entity or person; or 
‘‘(ii) use the return or return informa-
tion for any purpose other than to cal-
834 
culate the applicable reduction amount 
under paragraph (2). 
‘‘(4) INCREASED
COSTS
DUE
TO
SECURITY 
NEEDS.—With respect to the monetary allowance 
that would be payable to a former President under 
subsection (a)(2) for any 12-month period but for 
the limitation under paragraph (1) of this sub-
section, the Administrator of General Services, in co-
ordination with the Director of the United States 
Secret Service, shall determine the amount of the 
monetary allowance that is needed to pay the in-
creased cost of doing business that is attributable to 
the security needs of the former President.’’; 
(3) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) OFFICE STAFF.— 
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services shall, without regard to the civil service 
and classification laws, provide for each former 
President an office staff of not more than 13 indi-
viduals, at the request of the former President, on 
a reimbursable basis. 
‘‘(2) COMPENSATION.—The annual rate of com-
pensation payable to any individual under paragraph 
(1) shall not exceed the highest annual rate of basic
835 
pay for positions at level II of the Executive Sched-
ule under section 5313 of title 5, United States 
Code. 
‘‘(3) SELECTION; RESPONSIBILITY.—An indi-
vidual employed under this subsection— 
‘‘(A) shall be selected by the former Presi-
dent; and 
‘‘(B) shall be responsible only to the 
former President for the performance of duties. 
‘‘(g) OFFICE SPACE AND RELATED FURNISHINGS 
AND EQUIPMENT.— 
‘‘(1) OFFICE
SPACE.—The Administrator of 
General Services (referred to in this subsection as 
the ‘Administrator’) shall, at the request of a former 
President, on a reimbursable basis provide for the 
former President suitable office space, as determined 
by the Administrator, at a place within the United 
States specified by the former President. 
‘‘(2) FURNISHINGS AND EQUIPMENT.— 
‘‘(A) REIMBURSABLE.—The Administrator 
may, at the request of a former President, pro-
vide the former President with suitable office 
furnishings and equipment on a reimbursable 
basis. 
‘‘(B) WITHOUT REIMBURSEMENT.—
836 
‘‘(i) 
GRANDFATHERED
FORMER 
PRESIDENTS.—In the case of any indi-
vidual who is a former President on the 
date of enactment of the Presidential Al-
lowance Modernization Act of 2017, the 
former President may retain without reim-
bursement any furniture and equipment in 
the possession of the former President. 
‘‘(ii) 
PRESIDENTIAL
TRANSITION 
ACT.—A former President may retain with-
out reimbursement any furniture or equip-
ment acquired under section 5 of the Pres-
idential Transition Act of 1963 (3 U.S.C. 
102 note). 
‘‘(iii) EXCESS FURNITURE AND EQUIP-
MENT.—The Administrator may provide 
excess furniture and equipment to the of-
fice of a former President at no cost other 
than necessary transportation costs.’’; and 
(4) by adding at the end the following: 
‘‘(j) APPLICABILITY.—Subsections (f), (g) (other 
than paragraph (2)(B)(i) of that subsection), and (i) shall 
apply with respect to a former President on and after the 
day after the last day of the period described in the first
837 
sentence of section 5 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note).’’. 
(b) SURVIVING
SPOUSES
OF
FORMER
PRESI-
DENTS.— 
(1) INCREASE IN AMOUNT OF MONETARY AL-
LOWANCE.—Subsection (e) of the first section of the 
Former Presidents Act of 1958 is amended— 
(A) in the first sentence, by striking 
‘‘$20,000 per annum,’’ and inserting ‘‘$100,000 
per year (subject to paragraph (4)),’’; and 
(B) in the second sentence— 
(i) in paragraph (2), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (3)— 
(I) by striking ‘‘or the govern-
ment of the District of Columbia’’; 
and 
(II) by striking the period and 
inserting ‘‘; and’’; and 
(iii) by inserting after paragraph (3) 
the following: 
‘‘(4) shall, after its commencement date, be in-
creased at the same time that, and by the same per-
centage by which, annuities of former Presidents are 
increased under subsection (c).’’.